Hot answers tagged

6 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 "...
user avatar
5 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Can a PCT application, filed with piority, be withdrawn and refiled, and retain the original, now lapsed, priority?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 ...
user avatar
  • 51
5 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. ...
user avatar
  • 7,043
4 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 ...
user avatar
  • 25.5k
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, ...
user avatar
  • 25.5k
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 ...
user avatar
  • 25.5k
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 ...
user avatar
3 votes
Accepted

Unpublished foreign applications considered prior art for EPO inventive step?

Yes. You already cited the correct source, a further one would be art. 54 (2), (3) EPC: (2) The state of the art shall be held to comprise everything made available to the public by means of a ...
user avatar
  • 5,827
3 votes
Accepted

EPO publication date

You should use the date of the A1 or A2 publication for the earliest publication date of the subject-matter (of the application). (If you want to know about the granted patent please clarify.) A1 is a ...
user avatar
  • 159
3 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 ...
user avatar
  • 25.5k
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 ...
user avatar
  • 192
2 votes

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 ...
user avatar
2 votes

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 ...
user avatar
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 ...
user avatar
  • 25.5k
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 ...
user avatar
  • 25.5k
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
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 ...
user avatar
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 ...
user avatar
  • 25.5k
2 votes
Accepted

Options for EPO post-grant challenges?

So is this the extent of options for patent challenges at the EPO -- i.e. no options after 9 months? Correct. Once the 9 month opposition period finishes, the only way to revoke another person's ...
user avatar
  • 7,043
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 ...
user avatar
  • 25.5k
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 ...
user avatar
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 ...
user avatar
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(...
user avatar
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 ...
user avatar
  • 9,702
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 ...
user avatar
  • 9,702
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 ...
user avatar
  • 1,186
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 ...
user avatar
1 vote

Patent pending - US and EU procedure and

I was looking for a provisional patent The provisional application is not "published" so you couldn't have found one. Provisional patent application is an application that establishes an early ...
user avatar
  • 1,299
1 vote

Securing EU patents from US perspective

Right now, your options are open. But, if you publish the invention they may close, as unlike the USA, the EPO has a very limited grace period for filing a patent application after publication. The ...
user avatar
  • 429
1 vote

Securing EU patents from US perspective

Have you filed a provisional application?? before, if not file a provisional application, as a provisional application gives you an additional 12 months for you to file a Non provisional application ...
user avatar
  • 1,299

Only top scored, non community-wiki answers of a minimum length are eligible