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 weak patent application come back to haunt you?
There are three scenarios. These differ based on the time difference between the first patent application (EP1) being filed and the second patent application (EP2) being filed.
EP2 is filed 18 months ...
- 6,178
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. ...
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3
votes
Meaning and implications of "non-entry into the European phase"
'non entry' means the applicant did not file with EPO for national phase stage after wipo (PCT) stage.
This has no implication on patent application with USPTO.
Patent prosecution in USPTO sometimes ...
- 1,072
3
votes
How should I patent my behavioral bio-metric identification idea in the US or Europe?
We are confused where to register the patent? US or Europe?
Patents are territorial. If you want to prevent competitors from using your invention in the US, then you'll need a US patent. If you want ...
- 6,178
3
votes
Accepted
Can a data-fomat be patented and saved with a common storage format?
This kind of thing was previously considered patent eligible (and some examples were found to be novel and non-obvious and granted patents) but they aren't considered patent eligible any longer.
A ...
- 28.5k
3
votes
Does the number of a feature play a role?
Since we all understand chairs, that example can be misleading. Yes, having more or fewer of some feature can make for a patentable claim. It can be tricky to write a claim for the fewer case. "A ...
- 28.5k
3
votes
Accepted
Prior art and claim
It is a single document, and it is the prior art that is deemed to be the closest to the claimed invention. Should the closest prior art change during prosecution, you have to amend the preamble ...
- 2,274
2
votes
Accepted
Can embedded software be patented in the EU?
Under the EPC, computer programs are excluded from patentability (Art. 52(2)), but only as such (Art. 52(3)). Consequently, workarounds for claim wording have been developed (see this EPO powerpoint ...
2
votes
Accepted
Just got an extended European search report with Unity rejection, how can I do to argue with the Examiner?
From the above I come to the conclusion that the unity objection is raised because claim 1 was found non-inventive (non compliance with Art. 56) and therefore the single general inventive concept ...
- 1,292
2
votes
USPTO Non Provisional Application and European Filing
While there are international treaties regarding patent systems, the laws and procedures of the USPTO and the EPO are not the same. However, many EPO filings from US applicants are just a reformating ...
- 28.5k
2
votes
Protections for selling a business idea
"Business Ideas" cannot be patented, only novel processes that are not deemed wholly abstract.
Thus, if you had a design for a new type of engine, you could seek a patent.
But if you had an idea ...
- 761
2
votes
Application rejected at examination stage - How to proceed best?
I'll take a stab at answering this despite the vague language in your question, and the laws coming from an anonymous EU jurisdiction.
The EU under the patent articles does in fact forbid software ...
- 360
2
votes
Is it possible to proceed with patent application when prior art is found for 1, but not all, of the indipendent claims?
Absolutely, patent prosecution is a process. One may amend claim wording to narrow and avoid cited prior art, cancel some claims, or cancel all claims are submit a new set of claims. One may also ...
- 28.5k
2
votes
Global ethical implications of a US patent
Patents are territorial. A U.S. patent only gives its owner rights to try to exclude others from making, selling, offering for sale, importing and using the invention in the U.S.
If there is no patent ...
- 28.5k
2
votes
ES102424A Un sistema de cuaderno de hojas intercambiables
Found it in the database of the Spanish PTO: PDF of the document you are looking for
- 2,274
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 ...
- 2,274
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 ...
- 2,274
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(...
- 2,274
2
votes
Is it possible to patent an operational workflow in EU?
It depends on what kind of operational workflow you want to be patented.
In short, a workflow/process/method is patentable, if it has a tangible / measurable result, like a pizza recipe (take a dough, ...
- 456
2
votes
Accepted
Second oral proceedings of a European Patent Application
No, your request will not be refused as long as the topic ("the subject") to be discussed is not the same. The refusal of your request for OP would be a substantial procedural violation that ...
- 2,274
2
votes
Accepted
How much time do you have to file a patent in China after you have filed it in the USA?
The central consideration is that most of the world requires absolute novelty of an invention as of the day of filing. The U.S. is an exception with a sort-of one year grace period.
As long as your ...
- 28.5k
2
votes
Accepted
Is there such thing as an EU patent?
European patent applications are examined by the EPO and cover 38 countries, soon to be 39; most of them are part of the EU. There most notable non-EU country is the UK.
Once the patent is granted, it ...
- 2,274
2
votes
Accepted
Do US software patents hold in the EU and elsewhere in the world?
All patents are territorial. US patents only protect in the US. In principal, so long as you only do business outside the US, a US patent shouldn't stop you.
The cited document is a patent application....
- 10.8k
1
vote
Can I use the same active ingredient as patented product, when rest of the formula is different?
To avoid infringement, you need to implement each and every element in any single claim. Thus if a claim has elements A, B, C and D and your product only implements A, B and C, then you don't infringe ...
- 10.8k
1
vote
Why does the expiry of a patent and/or SPC varies in european countries?
Different countries count the life of a patent differently, and sometimes a patent expires in one country one or few days earlier than in other countries. This depends on the national patent law of ...
- 2,274
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 ...
- 1,191
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