European patent grant procedure
A system of law, common to the Contracting States, for the grant of European patents for invention is established by the European Patent Convention (EPC). The European patent have the effect of and be subject to the same conditions as a national patent granted by that State.
Filing a European Patent Application
The granting procedure of the European patent starts with the filing of a European patent application. The European Patent Office examines, in accordance with the Implementing Regulations, whether the application satisfies the requirements for the accordance of a date of filing. The date of filing of a European patent application is the date on which the documents filed by the applicant contain: an indication that a European patent is sought; information identifying the applicant or allowing the applicant to be contacted; and a description or reference to a previously filed application. If a date of filing cannot be accorded following the examination, the application is not dealt with as a European patent application. File the European Patent Application with BAUER-IP.
Language of the proceeding
If the European patent application has been accorded a date of filing, the European Patent Office examines, whether the formality requirements in are satisfied. Language of the patent application is the one of the above-mentioned requirements. A European patent application shall be filed in one of the official languages, which are English, German or French. If the European patent application is filed in any other language, the translation into one of the official languages is needed. Throughout the proceedings before the European Patent Office, such translation may be brought into conformity with the application as filed. If a required translation is not filed in due time, the application will be deemed to be withdrawn. The official language of the European Patent Office in which the European patent application is filed or into which it is translated is used as the language of the proceedings in all proceedings before the European Patent Office, and the European Patent Office will communicate with you in this language.
Formality examination on the European Patent Application
A European patent application shall contain: (a) a request for the grant of a European patent; (b) a description of the invention; (c) one or more claims; (d) any drawings referred to in the description or the claims; (e) an abstract. A European patent application shall be is subjected to the payment of the filing fee and the search fee. The European patent application must designate the inventor. An applicant desiring to take advantage of the priority of a previous application must file a declaration of priority. Natural or legal persons not having their residence or principal place of business in a Contracting State must be represented by a professional representative and act through him in all proceedings. Where the European Patent Office in carrying out the formality examination notes that there are deficiencies which may be corrected, it will give the applicant an opportunity to correct them. We are able to draft the European Patent Application to meet all the formalities criteria.
Search report and reply to the written opinion
The European Patent Office will draw up and publish a European search report in respect of the European patent application on the basis of the claims, with due regard to the description and any drawings. The European Patent Office will publish the European patent application as soon as possible (a) after the expiry of a period of eighteen months from the date of filing or, if priority has been claimed, from the date of priority, or (b) at the request of the applicant, before the expiry of that period. The applicant may request examination of the European patent application up to six months after the date on which the European Patent Bulletin mentions the publication of the European search report. In the opinion accompanying the European search report the European Patent Office will give the applicant the opportunity to comment on the extended European search report and, where appropriate, invite him to correct any deficiencies noted in the opinion accompanying the European search report and to amend the description, claims and drawings. Do you need to reply to the Office Action, such are search report, contact BAUER-IP.
Examination of the European patent application
The European Patent Office examines on request whether the European patent application and the invention to which it relates meet the requirements of the European Patent Convention. The request is accompanied by the payment of examination fee. If no request for examination has been made in due time, the application shall be deemed to be withdrawn. If the examination reveals that the application or the invention to which it relates does not meet the requirements, the Examining Division will invite the applicant, as often as necessary, to file his observations and amend the application.
Grant or refusal
If the Examining Division is of the opinion that the European patent application and the invention to which it relates meet the requirements of patentability, it decides to grant a European patent. If the Examining Division is of the opinion that the European patent application or the invention to which it relates does not meet the requirements of patentability, it will refuse the application. The decision to grant a European patent shall take effect on the date on which the mention of the grant is published in the European Patent Bulletin.
Do you need to file the European Patent Application or enter the European phase of International Application, let me know. I can represent you in any proceeding (examination, opposition, or appeal) at the European Patent Office as well as Unified Patent Court.