Skip to main content

Questions tagged [european]

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

Filter by
Sorted by
Tagged with
1 vote
1 answer
49 views

Claiming priority in EPO from a US Continuation/CIP Patent Applicaiton?

Scenario: My client filed a US Provisional 3 years ago and followed it up with a non-provisional 2 years ago. The patent has not been allowed (pending grant since issue fee hasn't been paid yet). ...
0 votes
1 answer
41 views

What is the jurisdiction of this patent KR101682440B1

This is a Korean patent. Does this patent prevent a European company from using this method and selling products made with this method? Can a European person register this patent for Europe?
0 votes
1 answer
72 views

Do US software patents hold in the EU and elsewhere in the world?

Do US software patents hold in the EU and elsewhere in the world? I want to develop software that is patented in the US By this request. I know that Software is not patentable in the EU. Will the ...
0 votes
1 answer
34 views

Is there such thing as an EU patent?

Is it possible to file one patent that covers all EU countries? Or must one file a patent in each of the individual countries?
0 votes
1 answer
34 views

How much time do you have to file a patent in China after you have filed it in the USA?

Let's suppose that I filed a non-provisional patent application in the USA today, how much time do I have to file the patent in China before it is no longer patentable? Same for the EU.
1 vote
1 answer
34 views

Second oral proceedings of a European Patent Application

A European Application has been filed. The Examining Division raised a "lack of sufficient disclosure" and a "lack of clarity" objection against the Application. The Examining ...
2 votes
1 answer
45 views

What is the "procedural step" Art. 24(3) EPC is referring to?

What are the "procedural steps" Art. 24(3) EPC is referring to? Art. 24(3) EPC Members of a Board of Appeal or of the Enlarged Board of Appeal may be objected to by any party for one of ...
1 vote
2 answers
570 views

Why is Art. 54(3) EPC limited to only European patent applications?

Art. 54(3) EPC is limited to European patent applications and PCT applications in their European phase (R.165 EPC, if fees are paid, translations are provided). Why does he EPO limit the subject of ...
1 vote
1 answer
55 views

Is it possible to patent an operational workflow in EU?

I am designing a process something like "order online and collect" or "load parcels to a van in the order of the destinations to make unloading easier" (if these were novel). Is it ...
7 votes
3 answers
287 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 ...
1 vote
1 answer
28 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 ...
1 vote
1 answer
45 views

Amend patent claim in opposition due to lack of clarity

I'm doing some exercises from the EPO and struggle at this one: In opposition proceedings a patent proprietor has proposed amendments to claims 1, 3 and 4 of its patent to overcome issues of novelty ...
0 votes
0 answers
19 views

Structure of the EPO law

When I have to look at some rules or laws or the like from the EPC, I always struggle to navigate to the correct phrases. When I simply google for what I'm looking for I get there in seconds but I ...
1 vote
1 answer
45 views

Prior art and claim

If one writes the main claim by using a classifying part and a characterizing portion of this claim, then the classifying part reflects the known prior art or its features and the characterizing part ...
0 votes
1 answer
46 views

Period time to pay renewal fees for european patents

I'm participating in some EQE training and there is this question/answer: Most fees for European patent applications cannot be paid before their due date. One exception is renewal fees, which can ...
0 votes
2 answers
69 views

General and specific feature

I'm trying to understand the relationship between a general and a specific feature. I'm specifically relating to an EPO guideline: Generic disclosure and specific examples In considering novelty, it ...
0 votes
2 answers
22 views

Does the number of a feature play a role?

Does the number of (embodiments) of a feature play a role? Let's consider a chair: The prior state is a three-legged chair. Is a chair with four legs patentable? The prior state is a four-legged ...
4 votes
2 answers
8k 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 ...
0 votes
1 answer
20 views

ES102424A Un sistema de cuaderno de hojas intercambiables

Help me find the Original document of this Patent ES102424A by French Association 'La Reliure Spirale' 'A flip-sheet notebook system' could be the translation, but I could not find the Original ...
0 votes
1 answer
32 views

Global ethical implications of a US patent

I would like to understand the ethics of Patents. There is a product that is currently sold worldwide, with a patent in the US only. If I was to sell the same product (diff. logo) in the UK/EU, what ...
0 votes
1 answer
52 views

What extent of prior publication prevents patentability?

After winning a competition, the content of my submission was posted publicly. This involved: General descriptions of features of the product (e.g.allows for remote monitoring through an ai-camera). ...
0 votes
1 answer
44 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.
0 votes
1 answer
50 views

Is it possible to proceed with patent application when prior art is found for 1, but not all, of the indipendent claims?

Suppose we have an EU or US patent with 3 claims. The examiner rejects one of the indipendent claims because of prior art. Ist it still possible to process with the patent application by giving up the ...
1 vote
1 answer
296 views

Can I use the same active ingredient as patented product, when rest of the formula is different?

I want to manufacture natural / ecological dishwashing detergent. There is a patented dishwashing detergent on the market with the same active ingredient, but the rest of the formula / other ...
1 vote
2 answers
416 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 ...
0 votes
1 answer
282 views

Why does the expiry of a patent and/or SPC varies in european countries?

The patent expiry usually varies by a day or two among the EU countries. For eg. SPC of EP0914118 will expire on different days in France, UK and Germany & Spain? Why is there such a difference ...
2 votes
2 answers
121 views

Application rejected at examination stage - How to proceed best?

Some months ago I filed an application for a national patent (in an EU country). The examiner pointed out several amendments to be made, which I did after I discussed with him twice. Eventually the ...
3 votes
3 answers
581 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 ...
0 votes
1 answer
90 views

Patent pending - US and EU procedure and

I am ready to start searching for a grant or investor for developing my technology. It's two days I am looking for information, but really, I understand nothing from the articles online. I was ...
0 votes
2 answers
46 views

Can industrial processes described in patents be replicated in Not-for-profit organisations without a license?

I wonder if the processes described in patents can be replicated in not-for-profit organisation, that is, organisations that by statutory contract do not aim to commercialise a "copied" version of ...
0 votes
1 answer
1k 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 ...
0 votes
1 answer
2k 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 ...
1 vote
2 answers
51 views

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 ...
0 votes
1 answer
4k 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 ...
1 vote
1 answer
101 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 ...
0 votes
1 answer
2k 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 ...
1 vote
1 answer
127 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 ...
0 votes
1 answer
27 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?
-1 votes
2 answers
89 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 ...
1 vote
1 answer
51 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 ...
1 vote
1 answer
544 views

Difference Espacenet, European patent register and Patent scope

What is the difference between; Espacenet, European patent register and Patent scope?
2 votes
1 answer
204 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 ...
1 vote
0 answers
25 views

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 ...
0 votes
1 answer
568 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: ...
1 vote
2 answers
35 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 ...
1 vote
2 answers
429 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 ...
0 votes
1 answer
56 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 ...
0 votes
1 answer
45 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,...
0 votes
1 answer
33 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 ...
2 votes
1 answer
123 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 ...