Questions tagged [european]

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

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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). ...
Sagar Alias's user avatar
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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?
Rui Lourenço's user avatar
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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 ...
Self Smarted's user avatar
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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?
Bear Bile Farming is Torture's user avatar
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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.
Bear Bile Farming is Torture's user avatar
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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 ...
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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 ...
picibucor's user avatar
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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 ...
picibucor's user avatar
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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 ...
user13654090's user avatar
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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 ...
Ben's user avatar
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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 ...
Ben's user avatar
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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 ...
Ben's user avatar
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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 ...
Ben's user avatar
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2 answers
61 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 ...
Ben's user avatar
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2 answers
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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 ...
Ben's user avatar
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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 ...
Material Culture's user avatar
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1 answer
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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 ...
user24785's user avatar
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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). ...
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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 ...
pffelix's user avatar
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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 ...
HungryBear's user avatar
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1 answer
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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 ...
user22430's user avatar
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2 answers
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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 ...
Helen's user avatar
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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 ...
TakeMeToTheMoon's user avatar
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2 answers
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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 ...
user305883's user avatar
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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 ...
gatorback's user avatar
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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 ...
dliff's user avatar
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1 answer
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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 ...
user132162's user avatar
3 votes
3 answers
557 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 ...
user132162's user avatar
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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 ...
user132162's user avatar
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1 answer
124 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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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?
Scott's user avatar
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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 ...
Ander Biguri's user avatar
1 vote
1 answer
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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 ...
Keyshav Mor's user avatar
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 ...
Daanii's user avatar
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1 answer
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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.
user19568's user avatar
2 votes
1 answer
195 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 ...
Oceansyawn's user avatar
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 ...
dani's user avatar
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0 votes
1 answer
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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: ...
J. Gong's user avatar
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1 vote
2 answers
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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 ...
Egirl's user avatar
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1 vote
2 answers
404 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 ...
ASHU VERMA's user avatar
1 vote
2 answers
399 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 ...
dani's user avatar
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0 votes
1 answer
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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 ...
Neuls's user avatar
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1 answer
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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,...
Stefan Falk's user avatar
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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 ...
Luke's user avatar
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2 votes
1 answer
122 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 ...
daniel's user avatar
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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 ...
Genetic's user avatar
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2 answers
69 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 ...
TIMMONS's user avatar
1 vote
1 answer
527 views

Difference Espacenet, European patent register and Patent scope

What is the difference between; Espacenet, European patent register and Patent scope?
Deon P Hugo's user avatar
2 votes
2 answers
197 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?
Jimmy's user avatar
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3 votes
0 answers
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'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 ...
saxena's user avatar
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