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I.
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General survey
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130
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The European patent grant procedure is an examination procedure beginning with a formalities examination and a mandatory search.
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The first stage ends with the publication of the European patent application and the search report.
At the applicant's request this is followed by the second stage, substantive examination.
After the patent has been granted, there may be a third stage in the form of opposition proceedings.
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131
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The first stage of the procedure comprises an examination on filing, formalities examination, preparation of the European search report and publication of the application and the search report. Responsibility for this stage rests with the Receiving Section and a search division.
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Art. 16, 17, 90-93
R. 39-50
Guid. A; B
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132
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The second stage comprises substantive examination and grant. An examining division is made up of three technically qualified examiners, who may if necessary be joined by a legally qualified examiner; but until a decision has to be taken on the application, its examination is as a rule entrusted entirely to one of the technically qualified examiners. This examiner is responsible for issuing the requisite communications and for discussing the application with the applicant in writing, in person or on the telephone.
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Art. 18, 94-98
R. 51-54
Guid. C-VI
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However, if oral proceedings are requested by the applicant or (in exceptional cases) arranged at the Office's initiative, they are held before the full examining division. The final decision on the grant of the patent is also a matter for the full examining division.
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Art. 116
Guid. E-III
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133
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The third stage consists of opposition proceedings, the first point at which third parties such as competitors are involved. Responsibility for examining oppositions rests with the opposition divisions, which are composed in the same way as the examining divisions except that only one member of the opposition division is allowed to have been involved in the earlier grant proceedings; and that member is not allowed to chair the division.
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Art. 19, 99-105
R. 55-63
Guid. D
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134
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Appeal proceedings constitute a special stage of the procedure. Appeals may be filed during the above three stages against decisions taken by the Receiving Section, the examining divisions, the opposition divisions and the Legal Division. A decision which does not terminate proceedings as regards one of the parties can only be appealed together with the final decision, unless the decision allows separate appeal.
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Art. 106-112
R. 64-67
OJ 2003, 61
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Decisions on appeals are taken by the boards of appeal.
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Art. 21
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D. The European patent grant procedure
II. Procedure up to publication of the application
