IP-INFO

Overview

What can be protected

What cannot be protected

Requirements

Flow Diagram on Proceedings

Particularities

What do we need for filing

What can be protected

• European patents are granted for any inventions which are susce pt ible of industrial application, which are new and which involve an inventive step
   

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What cannot be protected

The following is a non-exclusive list of subject-matter not regarded as inventions; extensive case-law further specifies what is meant by the following terms:

• Discoveries, scientific theories and mathematical methods;

• Aesthetic creations;

• Schemes, rules and methods for performing mental acts, playing games or doing business, and programs for computers;

• Presentations of info rmation.

These are substantially the same exclusions as according to the German Patent Act.

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Requirements

• The invention must be new: The principle is that all that is publicly available at the date of filing or priority (if claimed) cannot be patented. Furthermore, so-called prior rights represent prior art. The following patent applications with filing date prior to the date of filing or priority of the European patent application and which were published on or after that date are considered as prior art: national patent applications, European applications and PCT-applications validly designating any member state of the European Patent Convention (EPC). Relevant for the dis

• The invention must involve an inventive step: An invention shall not be considered as involving an inventive step if, having regard to the state of the art, it is not obvious to a person skilled in the art. Prior right applications are not considered for the assessment of the inventive step.

Prior rights only apply to the designated state of the European Patent Convention, not automatically for all states designated by the European Patent Application.

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Flow Diagram on Proceedings

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Particuliarities

• The European patent application normally must be filed in an Official language of the EPO (English, German, French).

• Applicant has to designate individual member states of the EPC for which protection is sought; designation of seven member states is deemed as designation of all member states.

• Applicant may further designate extension states (mainly Eastern European states) for which protection is to be extended after grant.

• Two-step proceedings: During a first stage the EPO conducts a search for prior art; the applicant then has to declare whether it is intended to proceed further with the application or not. Afterwards, the request for examination has to be filed and examination fee to be paid. During a second stage the EPO examines the application.

• Maximum time-limit for responding to Official Communication: normally 6 months.

• Grant of a European patent requires that a translation of the claims into all three Official languages of the EPC (English, French, German) is on file.

• Prior to grant a complete translation of any foreign application the priority of which is claimed into the Official language of proceedings before the EPO must be prepared and filed.

• After grant the European patent only remains in force in a designated state with a language other then the language of proceedings before the EPO, if it is nationalized in the respectively designated state; nationalization requires preparing and filing a translation of the full specification into the Official language of the respectively designated state.

• After grant annuities have to be paid to the respective national Patent Authority.

• Time-limit for filing an opposition: 9 months.

• Nullity proceedings only possible against national part of European patent.

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What do we need for filing

• claims, descri pt ion, drawings and abstract (in English, French or German)

• name and address of the applicant(s)

• name and address of the inventor(s) (may also be specified after filing)

• information on priority/priorities to be claimed, including date of filing, country and Official file no. (date and state must be provided with filing!; foreign file no. must be provided within 16 months after the respective date of priority)

• a certified copy of the application(s) the priority of which is to be claimed (a certified copy is required!)

• information on member states of the EPC and on extension states to be designated.

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