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6

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 "Change - divisional application(s)" and on the far right the date on which the filing of the divisional will be announced at the EP Bulletin. This is ...


5

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 there are methods to pay the PCT filing fees late and keep the current PCT application pending (with priority intact). Filing fees are due within 1 month of the ...


5

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. This shows EP 16178435 is a divisional. If you want to find more divisionals generally, one approach is to search for an application having an application date ...


3

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 written or oral description, by use, or in any other way, before the date of filing of the European patent application. (3) Additionally, the content of ...


3

Patents and patent applications are published with a two-letter code specifying the office that published it. Patents and patent applications with a EP code have been published by the European Patent Office while patents and patent applications with a national code (e.g. DE) have been published by the corresponding national office. Like any other office, ...


3

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 essentially withdrawing the earlier filed application. To address this, the PCT Request form has boxes to check for each of these countries that "non-designate" the ...


2

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 Industrial Property or (b) any Member of the World Trade Organization, an application for a patent, a utility model or a utility certificate, or his successor in ...


2

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 a point, but may place restrictions depending on the amount of data to be downloaded. http://www.epo.org/searching-for-patents/technical/espacenet/ops/faq....


2

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 the scope of the dependent claim. In the scope of the independent claim you have a system/method with three features/steps, whereas in the scope of the ...


2

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 comprised in a transceiver module where a common antenna is used. In your example "wherein the antenna is the handle" is fine. I wouldn't think of it as two ...


2

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 patent is to commence a revocation action in each country. For example, if a European patent was validated in the UK, France, and Germany, this would require three ...


1

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 component[s]’ of the patented invention.” Id. at 10 (second alteration in original) (quoting Gaus v. Conair Corp., 363 F.3d 1284, 1288 (Fed. Cir. 2004)). ...


1

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 European Patent Convention. The communication encloses what is called the druckexemplar, which will be the text and drawings of the European patent if accepted by ...


1

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 filing date, but does not mature into an issued patent unless the applicant files a regular non-provisional patent application within one year. To obtain the ...


1

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 Paris convention says that if you file in one treaty country, like the USA, you have 1 year from the earliest such filing to file in another treaty country (like ...


1

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 and protects the priority date for your patent. Regarding keeping an options open for EU I would suggest you to file a PCT application as EU and US both are ...


1

As to your second point: https://www.epo.org/law-practice/legal-texts/html/guidelines/e/h_ii_6_2.htm If amended claims are directed to subject-matter which has not been searched because it only appeared in the description (and the search division did not find it appropriate to extend the search to this subject-matter, see B‑III, 3.5) and which does not ...


1

If by saying "in the end" you mean eventually as opposed to the suffix at the end of the number then: The EPO publishes applications filed with it and it publishes patents granted by it. At this moment in time, EP patents are not enforceable in any court. An EP patent can be "validated" as a UK patent, DE patent etc. and then be enforceable in the courts of ...


1

The WIPO Application can be downloaded from the European Patent Register. Select the "International publication of the A2 Pamphlet" entry and click on "Download Selected Documents". The application is 42 pages and the figures start on page 34.


1

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 clearify.) A1 is a publication of the application with search report (SR). A2 is the publication without SR. There will be always only one or the other. An A3 is published ...


1

According to MPEP 213 and 35 U.S.C. 119 Benefit of earlier filing date; right of priority. (a) An application for patent for an invention filed in this country by any person who has, or whose legal representatives or assigns have, previously regularly filed an application .......................... if the application in this country is filed ...


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