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I.
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Introduction
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1
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This Guide cannot go into all the details, issues and ramifications of the European patent grant procedure, and it does not constitute an official commentary on the EPC.
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If you need more detailed information, you are advised to consult the "Guidelines for Examination in the European Patent Office", a comprehensive guide to every stage of the grant procedure and to EPO practice.
The charts in Annexes I and VI to the present Guide schematise the course of the grant procedure and the time limits applicants have to observe.
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2
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In the right-hand margin you will find references to provisions of the EPC, the Implementing Regulations and the Rules relating to Fees, and to passages from the Guidelines and the Official Journal (OJ) of the EPO. You are strongly advised to consult the works in question before taking any decisions in practice.
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The authentic texts of the EPC and the Guidelines are given in two EPO publications, "European Patent Convention" (11th edition, July 2002) and "Guidelines for Examination in the European Patent Office" (December 2003 edition). We also refer you to "Ancillary Regulations to the European Patent Convention", a collection of important texts relating to the European patent grant procedure.
A selection of important decisions of the EPO boards of appeal (see points 189-198) is published in the OJ. You should also consult the relevant decisions when questions regarding the interpretation of particular EPC provisions arise. The boards' decisions are recorded on the ESPACE LEGAL CD-ROM and since 1998 have also been published on the EPO website. The publication "Case Law of the Boards of Appeal of the EPO" (4th edition, 2001) contains brief summaries of selected decisions and makes it easier to find the relevant ones.
The most important sources for European patent law and EPO practice, along with much other useful information, are accessible on the Internet via the EPO website (www.european-patent-office.org).
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3
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As in any other patent grant procedure, you need to be thoroughly familiar with patent matters if you are to steer your way successfully through the European route. So if you lack the requisite experience, you are advised to turn to a professional representative before the EPO (see points 57-66).
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4
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In an information brochure entitled "National law relating to the EPC" (12th edition, March 2003) you will find detailed information on regulations and requirements governing European patent applications and patents in the contracting states. A valuable supplement to this Guide, it is obtainable free of charge from the EPO and can also be downloaded from the EPO website (www.european-patent-office.org).
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A. General
II. Nature and purpose of the European Patent Convention
