Patent Filing in Europe 2017-11-28T13:04:46+00:00

Patent Filing in Europe

European patent applications can be filed at the European Patent Office (EPO) in English. The application procedure leading to grant of the European patent is carried out centrally by the EPO, and correspondence to and from the EPO can be in English. Thus, the filing costs, and the costs of the subsequent application procedure, should be significantly lower than the equivalent costs of filing individual national patent applications, which in most cases must each be carried out in the national language.

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Steps For Patent Filing In US

#1

Beginning the Process: Your attorney must provide documentation consisting of:

  1. A request for patent
  2. Details of the applicant
  3. A description of the invention
  4. Claims
  5. Drawing
  6. An abstract

A fee must also be paid. In order to avoid the delay it is vital that all documentation conforms in every detail of official requirement.

#2

Filing date and Initial Examination: If your documentation appears to be correct, your application is given a filing date, also known as priority date. After filing there is a formalities examination to ensure that your documentation is correct and complete. At any time in the next 12 months you can file for patent protection in other countries and have those later filings treated as if they had been filed on your priority date.

#3

Search: The search is based mainly on your claim novelty, but your description and any drawing will also be taken into account. The report will also include the initial opinion on patentability of you invention.

#4

Publication: Your application is published 18 months after filing date. Your invention will appear in the database accessible to other people around the world. It will act as a prior art against any future patent applications from any inventors and companies for similar companies for similar inventions. After your patent is granted you may claim damages for infringement.

#5

Substantive Examination: If you request substantive examination, the EPO has decided whether your invention and your application meets the requirements of EPO.

#6

Decision to grant the patent: If the examiners decide to grant the patent and all fees have been paid and any claim translation filed, the decision is reported in European Patent Bulletin. The decision to grant takes effect on the date of publication.

#7

Validation: After EPO decision to grant is published, your patent has to be validated in each designated state within a specific time limit.

#8

Opposition: A grant may be opposed by third parties usually the applicant’s competitor if they believe they should not have been granted. After the grant is reported in the European  Patent Bulletin they have 9 months in which to file notice of opposition.

#9

Appeal: All EPO decision are open to real. Responsibility for decision on appeals is taken by independent boards of appeal. An appeal can be filed against decision of the departments of first instance of EPO. The appeal is filed with EPO’s Board of appeal. A appeal must eb filed in writing within two months of notification of contested decision.

What do we need from you?

  • Technology or product description.
  • A clear definition of the features or sub-components that require clearance.
  • Novel structure, compounds and/or compositions.
  • Scope of the search.
  • List of known competitors practicing in that area of technology (if possible).

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