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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 ...


4

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 priority date but published after your priority date can be used for determining novelty but not for determining inventive step. It is very ingrained in the ...


3

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, any claims not to a single inventive concept will be discarded and only a set of claims with "unity of invention" will be examined. You might want to learn ...


3

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 alternatives, provided that the number and presentation of alternatives in a single claim does not make the claim obscure or difficult to construe and provided that ...


3

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 on whether the further medical use is inventive over the prior art, because obviously the product itself is not. The reason behind all this is that protection of ...


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

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 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 later ...


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 ...


3

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 European patent application may not be less than that which the laws of the State concerned attach to the compulsory publication of unexamined national patent ...


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

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 I tried LREP/("George" AND "White") which would hit if anyone had my first name anywhere in their name AND also had my last name anywhere in their name. I got ...


2

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 application filed with the EPO that claims priority to the U.S. application under the Paris Convention. This only works if the utility application is the first ...


2

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 by George White you should be careful with your amendments, Art. 123(2) EPC kills many applications and patents. You can also file divisionals with amended ...


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 ...


2

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 actually, all member countries are designated by default. However those applications end 30 or 31 months after the earliest claimed priority date if they are ...


2

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 of the date of filing of the European patent application. The renewal fee in respect of the third year may not be validly paid more than six months before it ...


2

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 the claim? As stated by Eric S, yes, it is covered because the development is within the claimed scope. Is the development new with respect to the claim? It ...


2

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(b) EPC relates to the patentability requirement of Art. 83 EPC: 'The European patent application shall disclose the invention in a manner sufficiently clear ...


1

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 things and a negotiation occurs. Sometimes you need to edit the claim language to appease the examiner. I'm not a lawyer, but I don't remember any of my patents ...


1

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 claimed range. Based on the comment by George White, I realize I might be thinking too narrowly. The EPO quote isn't quite related to the question of drilling speeds ...


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 ...


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