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 "...
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5 votes
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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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  • 7,033
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 ...
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4 votes
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Schrödingers Prior art 54(3) EPC

First of all, your understanding of 54(3) EPC seems to be right. More information can be found in the guidelines for examination where one can also read that the EP application has to be valid (e.g. ...
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  • 5,827
4 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 ...
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  • 1,204
4 votes
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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 ...
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  • 25.3k
4 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 ...
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  • 7,033
3 votes
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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 ...
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  • 5,827
3 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 ...
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3 votes
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Possible US court sanctions over EU company in software patent infringment case

Although I'm not a lawyer, I have tried to research this in relation to the UK. Other European countries may be different. I'd be interested if anyone knows if any of the following is incorrect. If a ...
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  • 96
3 votes
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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 ...
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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 ...
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  • 25.3k
3 votes
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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 ...
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2 votes
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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 ...
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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 ...
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2 votes
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What does "as such" mean?

In the UK, this wording derives the Patents Act 1977 s 1(2), which provides (emphasis added): It is hereby declared that the following (among other things) are not inventions for the purposes of this ...
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  • 7,033
2 votes

What does "as such" mean?

It means exactly what you think. The website is merely saying that there always is a way to make software be not software - claiming it as the physical interaction and not as software. Which is why ...
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  • 5,827
2 votes
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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 ...
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  • 7,033
2 votes

Where can I find European Patent Office documents?

I was able to find what I was looking for at the European Patent Register. I found a patent application that looked promising and then clicked on "All documents" on a menu on the side. That gave me a ...
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  • 163
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 ...
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  • 913
2 votes

Combination of dependent claims

One option is to file provisional in the US the same day as the nonprovisional with the claims exactly as you plan to have them in rest of the world and use it for priority. Since it is not examined, ...
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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 ...
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  • 390
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 ...
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  • 25.3k
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 ...
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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
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2 votes
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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 ...
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2 votes
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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 ...
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2 votes
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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(...
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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, ...
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  • 305
1 vote

Handmade Product In UK

Whether or not the product is handmade is of no consequence. Once a product is disclosed publicly it no longer becomes patentable. A few countries such as the US have a grace period which allows ...
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