Questions tagged [european]
Questions specifically relating to the EPO rules, patent practices in Europe, and patents filed in Europe
42
questions
0
votes
1answer
35 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
1answer
34 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 ...
0
votes
1answer
35 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
2answers
95 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 ...
0
votes
1answer
61 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
2answers
35 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 ...
1
vote
2answers
45 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
1answer
1k 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
1answer
71 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 ...
4
votes
3answers
292 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 ...
1
vote
1answer
830 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
1answer
86 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
1answer
24 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?
0
votes
2answers
59 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 ...
2
votes
1answer
43 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
1answer
17 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 ...
0
votes
1answer
43 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.
2
votes
1answer
141 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 ...
2
votes
0answers
21 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 ...
1
vote
1answer
393 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
2answers
30 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 ...
2
votes
2answers
326 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 ...
2
votes
2answers
137 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 ...
1
vote
1answer
49 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
1answer
35 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
1answer
28 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
1answer
105 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 ...
0
votes
1answer
953 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
2answers
61 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 ...
1
vote
1answer
413 views
Difference Espacenet, European patent register and Patent scope
What is the difference between;
Espacenet,
European patent register and
Patent scope?
2
votes
2answers
161 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?
3
votes
0answers
73 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 ...
0
votes
1answer
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 ...
2
votes
0answers
62 views
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 ...
7
votes
3answers
255 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 ...
2
votes
1answer
83 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 ...
1
vote
1answer
125 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 ...
0
votes
2answers
382 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 ...
4
votes
2answers
7k 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 ...
1
vote
2answers
132 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 ...
0
votes
1answer
142 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?
19
votes
4answers
4k views
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 ....
