New answers tagged

0

In EP patent prosecution, aside from the requirements of novelty (Art. 54 EPC) and inventive step (Art. 56 EPC) that the invention must meet with regards prior art that has been published before the effective date of the patent application, the invention shall also meet the requirement of novelty with regards any EP patent (application) that was filed before ...


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 ...


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 ...


Top 50 recent answers are included