New answers tagged

0

Because it is meant to avoid 2+ European patents on the same subject-matter, otherwise a third party will have to get 2+ licenses for the very same subject-matter, which is unfair given that they are for the same invention. With Art. 54(3) EPC limited to European patents you could have the same monopoly in the Contracting States of the EPC and somewhere else,...


-1

I would like to add that the inventor may ask to have the applications processed under the program for accelerated prosecution of European patent applications (PACE), in order to get a faster grant/refusal. The EPO does not decides on infringement: Art. 64(3) Any infringement of a European patent shall be dealt with by national law. But the EPO may give ...


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 ...


Top 50 recent answers are included