5
votes
How to check for EP divisional filings?
And in addition to the above answer, you can check if a divisional has been filed but is not yet published at the "Event History" tab of the page Maca provided already. It displays a message reading "...
- 1,292
4
votes
Can a PCT application, filed with piority, be withdrawn and refiled, and retain the original, now lapsed, priority?
Unfortunately, you won't be able to file a new application and still claim priority to the provisional application now that the 12 month priority period has lapsed.
However, it is worth noting that ...
- 41
4
votes
Accepted
How to check for EP divisional filings?
On the EP register, there is a specific field called "Divisional application(s)". This is only shown where there is actually a divisional application.
An example of this can be seen on EP 11749534. ...
- 6,218
3
votes
Accepted
EPO application-Slight constructal changes on dependent claim
As another answer points out, there is usually back and forth with the examiner to get to allowable claims.
You are correct that under EPO rules some specific patent documents filed earlier than your ...
- 30.8k
3
votes
Accepted
Can there be enforcement action in Europe for patents not yet granted?
Any Contracting State may prescribe that a European patent application shall not confer such protection as is conferred by Article 64. However, the protection attached to the publication of the ...
- 192
3
votes
Accepted
Two alternative element in one independent claim
Claims are hard to draft and your approach might not be artful but alternatives are allowed in EPO claims if they don't get too confusing.
A claim, whether independent or dependent, may refer to ...
- 30.8k
3
votes
Accepted
How are patents to "a second medical use" enforced?
European Patents may indeed protect products for a second medical use. The Guidelines explicitly state "known products" for second (or further) medical use. The patent is granted depending ...
- 2,264
3
votes
Accepted
Can I remove some part of the specification and drawings when entering the EPO?
Worse, whomever the ISA is will only search one inventive concept. To get all ten searched you will pay (if the EPO is your ISA) $1950 per each inventive concept. And at the regional stage in the EPO, ...
- 30.8k
2
votes
Accepted
Equating claim elements in dependent claims?
Concerning the European patent practice, most probably you would receive an objection on the grounds of lack of clarity because there is an inconsistency between the scope of the independent claim and ...
- 2,264
2
votes
Equating claim elements in dependent claims?
I can imagine a case like this - claim 1. A system with an A and a transmitter module and a receiver module. Claim 2, the system of claim 1 where the transmitter module and the receiver module are ...
- 30.8k
2
votes
Accepted
Can you claim internal priority with the PCT?
As you have found, the patent laws of Germany, Japan and Korea provide that a later-filed international application that claims priority of an earlier filed national application has the effect of ...
- 30.8k
2
votes
Search engine to find all prior patents of patent attorney
For the U.S. you can go to its patent search page and search for Legal Representative (LREP). I tried it with my first name last name, got 0 hits; first name middle initial last name, got 0 hits. Then ...
- 30.8k
2
votes
EPO patent application requirements
The U.S. application should have all of those elements but the U.S. application is not an EPO application. The content can be the same or different but a counterpart EPO application will be a new ...
- 30.8k
2
votes
Can I remove some part of the specification and drawings when entering the EPO?
George White's answer is very accurate. I will add few things to it.
You can amend your specification and claims upon entering the European phase so that the page fee is reduced, but as pointed out ...
2
votes
What does "Ep: pct application non-entry in european phase" mean?
A PCT application is an application for a patent in 150+ jurisdictions. Theoretically you can chose which of those places your application covers at the time you file. That is called a designation. In ...
- 30.8k
2
votes
Accepted
Period time to pay renewal fees for european patents
The legal provision is Rule 51.1 EPC: "[...] A renewal fee for the European patent application in respect of the coming year shall be due on the last day of the month containing the anniversary ...
- 2,264
2
votes
Accepted
General and specific feature
The actual question 'Would this discovery still be covered by the claim/patent before or would it be new?' has two questions as pointed out by Eric S and George White:
Is the development covered by ...
- 2,264
2
votes
Accepted
Amend patent claim in opposition due to lack of clarity
Looks like you got confused because you read the word 'clear' in Art. 100(b) EPC. The Article refers to the claims being enabled, the description must be an enabling disclosure. The ground of Art. 100(...
- 2,264
2
votes
Accepted
Divisional Application with broader claim in EPO
From the EPO
1.4
Examination of a divisional application
The substantive examination of a divisional application should in principle be carried out as for any other application but the following ...
- 30.8k
2
votes
Divisional Application with broader claim in EPO
OP stated in a comment that Preamble+D is disclosed in the patent application, namely Preamble+D is an embodiment supported by the description. In that case, yes, Preamble+D can be the scope of a ...
- 2,264
2
votes
Is additional device claim allowable for CII type claims?
First of all, in your question you stated, that you would like to claim:
"a computer implemented method"
"a device (for executing method like processing unit)"
"a program&...
- 488
2
votes
Accepted
Can one file in the EPO without claiming priority to a corresponding U.S. provisional that is not the first filing?
If the US non provisional has not published and the invention being disclosed and claimed in the EPO filing has not otherwise been disclosed publicly then novelty isn’t broken and you can file in the ...
- 30.8k
1
vote
What is the "procedural step" Art. 24(3) EPC is referring to?
I'm not aware of any case-law examining why an objection is not treated as a 'procedural step' under EPC 24(3). But I'd suggest that on a commonsense view, a party who takes a step in the appeal ...
- 266
1
vote
EPO application-Slight constructal changes on dependent claim
I'm sure you'll get a better answer, but my experience is it is common for examiners to reject claims on some flimsy or even baseless reason. Your lawyer then explains why they are misinterpreting ...
- 11.7k
1
vote
General and specific feature
If someone gets a claim on using a specific drill design used between 1000 and 20,000 rpm. Then yes this covers the use of the specific drill design at 10,000 rpm since that speed is within the ...
- 11.7k
1
vote
Equating claim elements in dependent claims?
From finnegan.com/files/Upload/FCN_Aug10_5.html:
The Court noted that “[w]here a claim lists elements separately, ‘the clear implication of the claim language’ is that those elements are ‘distinct ...
- 866
1
vote
can EP application takes priority from provisional patent?
The legal basis for claiming priority in the EP is Article 87. Paragraph 1 reads
"Any person who has duly filed, in or for
(a) any State party to the Paris Convention for the Protection of ...
- 1,292
1
vote
How/where to download large amount of patent applications?
The EPO offers bulk download of patents through their Open Patent Services. It provides this information in XML format. It does require some technical skills but not overly complex. It is free up to ...
1
vote
What is Notice of Allowance at the European Patent Office (EPO)?
As to what is a Notice of Allowance at the EPO, it is the communication under R.71(3) EPC whereby the Examining Division informs the applicant that the application meets the requirements of the ...
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