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Questions specifically relating to the EPO rules, patent practices in Europe, and patents filed in Europe

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USPTO Non Provisional Application and European Filing

A USPTO Provisional Application (PPA) has been submitted and a NPA is to be drafted. That being said, What needs to be done \ avoided to maintain eligibility to file a European Application? What is ...
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1answer
172 views

Meaning and implications of “non-entry into the European phase”

A U.S. Patent that was applied for in 2014 is still shown as Pending (not granted). In 2016 I see a record of the European patent as "non-entry in European phase" code 122. There is also a record with ...
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1answer
28 views

Options for EPO post-grant challenges?

In the US, there are at least two USPTO proceedings that can be filed by third parties against invalid or unduly broad patents (e.g., in light of prior art not considered during prosecution): Ex ...
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2answers
44 views

How to check for EP divisional filings?

In the US, continuation applications of a given application can be checked for in the "Continuity Data" tab in PAIR. In the case of EPO, divisionals (the analogue of continuations) may be less common ...
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1answer
119 views

Unpublished foreign applications considered prior art for EPO inventive step?

Is it true that third-party applications which are filed earlier but unpublished at the time of filing are not considered prior art for inventive step purposes in the EPO? If so, this is a huge ...
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1answer
35 views

Combination of dependent claims

According to decision T 1857/07 (2.4.2) of the EPO boards of appeal, a combination of dependent claims (e.g. 2 and 3) that are both/all dependent on the same independent claim but not each other is ...
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1answer
22 views

Handmade Product In UK

If a product is handmade in the UK, not sold in the united states, does not have a patent, can that product ne created and patented in the states?
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44 views

Can a data-fomat be patented and saved with a common storage format?

Imagine I have data describing something, i.e. a person Name Ander Id 123123 tel 1313333333 some_other_unusual_id 1212 And I store it in a XML. The structure of the data (4 fields, those ones ...
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1answer
27 views

How should I patent my behavioral bio-metric identification idea in the US or Europe?

I know all of you are really well versed with patents here and I am a completely novice . Me and My team have come up with a working system which implements behavioral bio-metric identification system ...
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1answer
15 views

Where can I find European Patent Office documents?

We are trying to get a European patent issued through our patent attorney in Munich. To save money, we would like to send him a first draft of a response to the examiner's rejection for lack of ...
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1answer
29 views

Protections for selling a business idea

Which protections is needed to be bought for a business idea? I like to sell it to a European citizen (of Course, for starting it in that country) and I am from a non-EU country.
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1answer
71 views

Schrödingers Prior art 54(3) EPC

My current understanding: If a PCT application was filed before, but published after, the filing of a different European patent application, then the PCT application may be considered a 54(3) EPC ...
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Does the pure complexity of a computational task make it not to be a mental model?

I partially read this response to a patent application related to assigning seats to airline passengers, such that they are "happy". In this response, the examiner says: the subject matter of the ...
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1answer
191 views

Just got an extended European search report with Unity rejection, how can I do to argue with the Examiner?

Just got an extended European search report with Unity rejection, stating that the the application does not meet the requirement of unity according to Article 82 EPC, the reason being as follows: ...
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2answers
28 views

Patent comes up in European Patent search but not in US

I have a patent idea, and searched the US patents. Nothing comes up, but then I searched the European patent office and a similar, but not the same item comes up. Does this matter since I would be ...
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1answer
162 views

can EP application takes priority from provisional patent?

I heard a EP file an application based on US provisional if the US provisional file a US application. so i will explain my doubt based on my example. A provisional patent(PP1) file on 1 jan 2016 and ...
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2answers
64 views

What does “as such” mean?

The response of an UK examination of my application starts with: I am of the opinion that the invention as defined in claims 1-15 of your application relates to a method of doing business and a ...
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1answer
36 views

Protecting intellectual property in the EU

I’m doing an intership in pharmaceutical company. I have made a Linux shell script which uses some open source tools to turn a some time-consuming copy and paste work into a couple of seconds of ...
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1answer
33 views

Costs for patents in Europe for software or online-service

I'm currently not entirely sure if I can get a patent on my "idea" at all, yet I think I might, but if so I wouldn't know at the moment in what kind of group my patent would be considered in. However,...
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1answer
26 views

What does it mean when a national patent out of a european patent gets contested

Lets assume that someones owns a national patent. Then he registers a european patent with the priority of his national patent. Later in a different state of the european union the patent gets ...
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1answer
98 views

Can a weak patent application come back to haunt you?

Let's say I made an improvement on a device. After prior-art search the patent attorney advised that there is risk that a patent application would get rejected. However, my ego got best of me and I ...
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1answer
576 views

Can I patent a genetically modified animal before creating the one?

I have an idea of a genetically modified animal whose artificial features will solve certain practical problem. The combination of features is far from trivial. Can I patent (in UK, EU, US and the ...
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2answers
57 views

Non-technical description for software patency?

What is a good example of a brief description on software patency? Essentially, I'd like a way to communicate what may be patentable and what may not be. I get asked a lot about software patency and ...
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1answer
300 views

Difference Espacenet, European patent register and Patent scope

What is the difference between; Espacenet, European patent register and Patent scope?
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127 views

Can embedded software be patented in the EU?

I know that no software can be patented in Europe. But what if I use software in an electronic board, and introduce that hardware? Can that be patented?
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0answers
64 views

'Technical effects' of software patents for eligibility

For patent eligibility of software patents in many countries including EU there is a requirement of 'technical effects' on the hardware device. These 'technical effects' are technological advances or ...
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1answer
879 views

Is WO and US patents valid in EU?

I read allot of the answers to your most question on this website and these where really helpful in getting a general idea of the patent laws. Hope that someone can help me out with the following ...
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When will the EU Unified Patent Court come into existence?

So far I have gathered that one can apply for an Unitary Patents(UP) when the Unified Patent Court (UPC) comes into existences. This will come into existence when: either on the first day of the 4th ...
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3answers
235 views

How can I contact the inventor or applicant of a European patent or application?

I'm interested in contacting the owner of EP1870511A1. Where can I find information to do so? I've reviewed "How can I contact the owner of a patent?," but it appears to only cover American patents ...
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1answer
78 views

Possible US court sanctions over EU company in software patent infringment case

What are the possible sanctions from US court if a EU company decides that continuing software patent litigation is useless but is not willing to make a deal with accusing party. In other words ...
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1answer
123 views

Art from US Patent prevent patent in other countries?

My design patent was filed on Jul. 19, 2013, in the United States. I received some bad advice and did not file for an EU patent (huge market potential for my product there.) So I was wondering, if ...
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2answers
377 views

EU (non-US, european) patent EP 1148681 - software patent and prior art

EP 1148681 is a EU patent owned by Nokia. Nokia has been granted an injunction against all of HTC's Android devices based on this patent. This shouldn't even be patentable in the EU, since software ...
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2answers
6k views

Is SIFT algorithm patent valid in Europe?

I want to use the SIFT algorithm for my scientific research (in EU, concretely SP), but it may end in a commercial software. I've searched the internet and what I found is that the patent is only in ...
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2answers
131 views

Patents on construction kits in germany

Can patents restrict the noncommercial distribution of schematics and contstruction kits in germany? Example: A company is patent holder for a blinking LED. A student puts schematics and partlists ...
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1answer
140 views

Is patent EP2382885 awarded or pending?

A foldable footwear, EP2382885 A1 Is this patent awarded or pending? If it is pending, how long will it be before a decision is issued?
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Are US software patents enforceable in the UK?

The UK Patent Act 1977 clearly states that It is hereby declared that the following (among other things) are not inventions for the purposes of this Act, that is to say, anything which consists of ....