European Patent Application originated in the USA
If you’re based in the USA and looking to file and prosecute a European Patent Application at the European Patent Office (EPO), there are a few key things you should keep in mind.
Firstly, it’s important to note that the EPO is a separate entity from the United States Patent and Trademark Office (USPTO), so you’ll need to navigate a different set of rules and procedures. However, there are many experienced patent attorneys and in the Europe who can assist you with this process and help ensure that your European Patent Application is well drafted and filed and prosecuted successfully.
Filing a European Patent Application
When filing a European Patent Application at the EPO, you’ll need to meet certain requirements and follow specific guidelines. For example, you’ll need to provide a detailed description of your invention, including any drawings or diagrams that help to illustrate it. You’ll also need to pay certain fees and adhere to strict deadlines.
Once your application has been filed, it will be subject to examination by the EPO. During this process, you may receive requests for additional information or amendments to your application. It’s important to work closely with your patent attorney or agent to respond to these requests promptly and effectively.
If your European Patent Application is successful, it will be granted and published in the European Patent Bulletin. However, it’s worth noting that the grant of a European Patent does not automatically provide protection in the USA – you’ll need to apply for a separate patent in the USA if you wish to obtain protection there.
Overall, filing and prosecuting a European Patent Application at the EPO can be a complex and challenging process. However, with the help of an experienced patent attorney, you can navigate this process successfully and obtain the protection you need for your invention.
Difference between Substantive Patent Law in Europe and the USA
When it comes to patent law, there are some key differences between Europe and the United States. In Europe, the European Patent Convention (EPC) governs patent law, while the United States has its own set of laws and regulations, including the Patent Act.
One of the main differences between substantive patent law in Europe and the United States is the eligibility of the invention to be patented. In Europe, there is no definition of invention, but EPC provides non-exhaustive list of subject matter, which are not considered as an invention or which are not patentable. An example can be a computer program as such. Once the computer program is implemented into an invention providing a technical character, the whole invention is patentable in Europe. Considering the practice, it is a significant difference is the scope of what can be patented. In the United States, there is a broader range of subject matter that can be patented, including software and business methods, while Europe has more restrictive rules regarding what can be patented.
Additionally, the standards for patentability are different between Europe and the United States. In Europe, the invention must be new, involve an inventive step, and be capable of industrial application. In the United States, the invention must be novel, non-obvious, and useful.
Another key difference is the approach to patent litigation. In Europe, the Unified Patent Court can provide a single forum for litigating patent disputes across participating member states, while in the United States, patent litigation can take place in federal courts or specialized patent courts. However, Unified Patent Court does not have a jurisdiction and competence over all EU countries and definitely not over all EPC Contracting States. Therefore, advice from a European Patent Attorney is needed.
Overall, while there are some similarities in patent law between Europe and the United States, there are also significant differences in the standards for patentability, subject matter, and litigation that patent applicants and owners should be aware of when seeking patent protection in either jurisdiction.
