Guide for Applicants - Part 1:How to get a European patent

Guide for Applicants - Part 1
How to get a European patent

E / D / F

April 2004
(10th edition)

How to get a European patent

Guide for applicants

- Part 1

I. Introduction

II. Nature and purpose of the European Patent Convention

III. Relationship to other international conventions

IV. Choosing a route: national, European or international

Economic factors

V. Extending European patents to non-EPC states

B. Patentability

Basic principles

III. Inventive step

C. Preparing and filing a European patent application

I. Formal requirements

Entitlement to file European patent applications

States for which European patent applications may be filed

Languages for European patent applications

Language arrangements to assist applicants from certain contracting states

Items making up a European patent application

Request for grant

Designation of inventor

Claiming priority

II. Presenting your invention

Disclosing your invention

Unity of invention

Drafting the technical application documents

Biotechnology applications

Claims incurring fees

Prohibited matter

Unity of European patent applications and patents

III. Filing European patent applications

Written confirmation

Date of receipt

Acknowledgement of receipt

Applications filed with national authorities and forwarded to the EPO

Fee levels and payment methods

IV. Filing other documents

Where and how to file

Written confirmation

Date of receipt

Acknowledgement of receipt

D. The European patent grant procedure

I. General survey

II. Procedure up to publication of the application

Examination on filing

Formalities examination

European search report

III. Publication of the European patent application

IV. Examination procedure

Request for examination

Stages of the procedure

Amending applications before and during examination proceedings

National requirements governing translations of European patents

V. Opposition procedure

Opposition period

Grounds for opposition

Form and content of the notice of opposition

Examining the notice of opposition for admissibility

Substantive examination of the opposition

VI. Appeals procedure

Filing an appeal

Interlocutory revision

Stages of the procedure before the boards of appeal

VII. Divisional applications

VIII. Renewal fees

IX. General provisions governing time limits

Missed time limits

Completion of an omitted act

ANNEX I Chart showing the procedure for the grant of European patents

ANNEX II Notice from the President of the European Patent Office dated 1 October 2001 concerning the...

ANNEX III Examples of European patent applications

1. Chemistry example

2. Electricity/physics example

3. Mechanics example

ANNEX IV Authorities with which European patent applications may be filed

ANNEX V Requirements of contracting states regarding translations of European patent specifications

ANNEX VI Time limits

ANNEX VIII Patent information services

Supplements, Abbreviations