Economic factors
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16
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Processing fees in the European patent grant procedure are staggered; so at each stage of the procedure, in the light of the completed stages, you have a further chance to decide whether your interest in obtaining patent protection is still great enough to justify paying the next fee.
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Art. 2 RFees
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In particular, the separation between search and substantive examination (see points 130-132) enables you to decide in the light of the European search report whether it is worth requesting substantive examination.
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17
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In certain circumstances you may be interested in having your application processed faster, at the search stage or the substantive examination stage or both.
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If so, the EPO will make every effort to reduce the usual processing times as much as it can, under the "PACE" programme for accelerated prosecution of European patent applications (for details see Annex II).
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OJ 2001, 459
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18
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Your application may be a first filing with the EPO.
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In that case you will be sent the search report within six months of the date of filing (see Annex II, point 1).
Like a first filing with a national office, a European first filing gives rise to the right of priority for a national, European or international second filing made in the priority year (see points 52-56).
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19
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When seeking European patent protection you may also sound out your chances of success by making a national first filing and asking for a search report from the EPO, either under national law or, if not provided for there, by applying directly to the EPO (in the form of a "standard search").
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In this case the search report will generally be drawn up before the end of the priority year, on the same principles and using the same documentation as for a European search; in the course of the priority year you will still be able to decide whether the expenditure for the European procedure is worthwhile (see points 52-56).
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20
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The European search fee is refunded in full or in part if the European search report can be based on an earlier search report already prepared by the EPO on a national, European or international application whose priority is claimed. To take advantage of this you should attach a copy of the earlier search report when filing your European patent application (Sections 41 and 42 of the Request for Grant, see Supplements).
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Art. 10 RFees
Guid. A-XI,
10.2.1, 10.4, 10.5
OJ 2001, 608
OJ 2002, 56
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21
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Taking into account the fees levied for the European grant procedure, costs for representation by a single agent and the cost of conducting the proceedings in a single language, a European patent as a rule costs about as much as three or four national patents.
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22
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The European procedure is conducted in one of the three official languages of the EPO (English, French, German), specifically the one in which you file your application. In addition, if you are from a contracting state whose language is not one of the EPO's official languages, you enjoy certain advantages as regards languages and fees (see points 44-46).
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Art. 14(3)
Art. 14(2)
R. 6(3)
Art. 12(1) RFees
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23
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In the final phase of the European patent grant procedure, however, you are required to file a number of translations. You have to provide the EPO with translations of the claims in its other two official languages; and most contracting states require you to file a translation of the European patent specification in one of their official languages, if different from the language of the proceedings, in order for the European patent to take effect there (see point 176).
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Art. 97(5)
R. 51(4), (5), (6)
Art. 65
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24
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The European patent grant procedure lasts about three to five years from when the application is filed. It breaks down into two main stages, the first comprising formalities examination and search report preparation, the second comprising substantive examination.
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25
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In the first of these stages there is no need for your active involvement unless the Receiving Section finds formal errors. However, in the second stage, substantive examination, your application is assigned to an examining division, which usually communicates with you or your representative a number of times before deciding whether to grant the patent or refuse the application (see points 132 and see point 152-175).
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Competent preparation of the patent application and of all procedural steps before the EPO is a crucial factor in ensuring that the examination procedure runs quickly and satisfactorily (see point 3).
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A. General
Legal factors
