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FC3 > EP > Flashcards

EP Flashcards

1
Q

Filing fee, Search fee*

A

Within 1 mo of filing

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2
Q

Designation fee*

A

Within 6 mo of the date on which EP Bulletin mentions publication of Search Report

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3
Q

Extension fee
Validation fee

A

Within 6 mo of mention of publication of SR
Extendable by 2mo + 50% surcharge
No FP

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4
Q

Excess pages fee (>35)*

A

Within 1 mo from filing application, claims or certified copy, whichever is later

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5
Q

Date of filing accorded when

A

Indication that a EP patent is sought
Information identifying the applicant
A description or a reference to 1 previously filed application (filing date, appl no, office & indicate it replaces description + drawings)

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6
Q

Certified copy of previous application + translation

A

Within 2 mo of filing application if filed by reference
If not, invited by another 2 mo

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7
Q

Translation of application

A

Within 2 mo of filing in one of the official languages of EPO
No FP but re-establishment possible

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8
Q

Excess claims fees

A

Within 1 mo of filing the first set of claims
Within 1 mo from communication of failure to observe time limit

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9
Q

Divisional fee*

A

Within 1 mo of filing, must be filed by reference to parent at EPO
Additional fee from 2nd to 5th generation divisional (progressively increases) – flat fee from 5th generation

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10
Q

Designation of inventor*

A

Within 16 mo from priority or filing date

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11
Q

Renewal

A

Last day of the month containing anniversary of filing date
Renewal in respect of third year – 6 months to expiry date
All other renewals – 3 months to expiry date

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12
Q

Renewal - Divisional

A

Divisional – renewal fees due in respect of earlier application on date on which divisional is filed – renewal due on date of filing up to 4 mo

PCT - must pay backdated renewals and any renewal fees due within 4mo of filing date of divisional - pay within 4mo from divisional filing date (NOT END OF MONTH)

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13
Q

Renewal - Re-establishment

A

renewal fees due within 4 mo from date of notification of decision of res-establishment of rights (fee + renewal fee)
- If 6mo grace not expired, can pay within 6 mo (fee + renewal fee + late fee)

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14
Q

Formalities examination conducted when?

A

Formal requirements once a date of filing is accorded
If any deficiencies, invited to correct
FP not available

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15
Q

Plurality of independent claims (R62a)

A

Indicate which claims to be searched within 2mo
Can file arguments + auxiliary requests – cannot amend claims
Opinion of the Search Division cannot be contested until the examination stage – submit arguments to the examiner

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16
Q

Further search fees

A

Within 2 mo of invitation.
Unsearched subject matter must be removed from application but can be pursued in a divisional application.

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17
Q

Response to exam report*

A

Within 6 mo of publication of the search report or within 6 mo of invitation if examination request filed before transmittal of search report

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18
Q

Prior search results

A

Must provide a copy of the results of any search carried out on a priority application when filing a convention EP or PCT
Within 2 mo of invite (exempt – Austria, Denmark, Spain, JP, KR, UK. US, EPO)

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19
Q

Technical prep for publication

A

Completed 5 weeks before expiry of 18th month following date of filing/priority

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20
Q

Declaration of priority

A

Within 16 mo from earliest priority date

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21
Q

Correcting priority

A

Within 16 mo from earliest priority claimed or 16 mo from corrected earliest priority date, whichever expires first,
provided that the change is submitted within 4 mo from date of filing

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22
Q

Priority documents

A

File certified copy within 16 mo from the earliest priority date (not needed if EP, JP, KR, US, divisional)

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23
Q

Request examination*

A

Up to 6 mo from the date on which EP Patent Bulletin mentions publication of SR – The request cannot be withdrawn + request deemed not to have been filed unless fee paid

24
Q

Request exam before publication of SR

A

Applicant invited to indicate whether he wishes to proceed + comment on SR + make any amendments

25
Q

Comm under Art 94(3)

A

– correct any deficiencies, amend description/claims, grounds against grant of application. Response extendable AOR by 2 mo – further extensions at discretion of ED. *FP available.

26
Q

Comm under art71(3)

A

inform the applicant the text it intends to grant; invite to pay grant fee, publishing fee, file translation of claims into 2 other EPO languages within 4 mo

If applicant pays fees and submits translations of claims – deemed to have approved the text communicated.

If reasoned amendments or corrections requested – issues a new comm Art 71(3) if accepted, otherwise resume examination proceedings.

If fee for grant, publishing or claims fees not paid – deemed withdrawn.

27
Q

Amendments

A

Amendments may not be made before issue of the search report
May amend in response to communications under Rule 70a(1) or (2) or Rule 161(1) voluntarily
No further amendment may be made without the consent of the Examining Division

28
Q

Further processing

A

Requested within 2 mo from the date of communication concerning failure to observe a time limit or loss of rights.
+ fee
+omitted act must be completed within the time limit.

29
Q

Re-establishment

A

Request in writing within 2 mo of the removal of the cause of non-compliance with the period, but at the latest within 1 year of the unobserved time limit.

State the grounds on which it is based and facts on which it relies.
Fee - deemed not filed until fee paid
Complete omitted act
In spite of all due care
Not available for any period for which FP is available and in respect of the period for requesting re-establishment of rights
Intervening user rights

30
Q

Opposition

A

Within 9 mo of the publication of the mention of grant in EP Patent Bulletin
Any person may give notice – opposition fee
Opponents and proprietor shall be parties to the opposition proceedings
Opposition shall apply to the EP patent in all contracting states in which that patent has effect

31
Q

Grounds for opposition

A

Grounds – unpatentable subject matter, not sufficiently clear or complete enough, extends beyond the content of the application as filed

32
Q

Appeal

A

Has suspensive effect
Any party to proceedings adversely affected by a decision may appeal
Notice of appeal filed within 2 mo off the notification of decision + appeal fee
Within 4 mo of decision – statement of the grounds of appeal must be filed

33
Q

Correction of errors

A

Linguistic errors, errors of transcription and mistakes may be corrected upon request. If request concerns a description, claims, or drawings - correction must be obvious that it is immediately evident that nothing else would have been intended other than what is offered as the correction.

34
Q

PACE

A

Can only request once for search and once for examination
Application removed if deadlines not met (no extensions, no 6mo grace for renewal)

35
Q

Allowance - Art 71(3)

A

Text EPO intends to grant - request approval within 4 mo
Non-extendible
FP available.
Translation of claims
Grant fee, publishing fee
Excess claims and excess page fees
Renewal fee or designation fee due after 71(3) but before expected date of mention of grant

36
Q

Publication of mention of grant

A

4 weeks after the issue of the decision to grant

37
Q

London agreement - dispense translation requirement for Validation

A

France, Germany, Ireland, Lichtenstein, Luxembourg, Monaco, Switzerland, UK

38
Q

London agreement - translation of claims in official language (ENGLISH)

A

Denmark, Finland, Hungary, Iceland, Netherlands, Norway, Sweden

39
Q

London agreement - translation of claims in own language

A

Albania, Croatia, Macedonia, Latvia, Lithuania, Slovenia

40
Q

Divisional - Additional fee for payment within 6mo grace

A

50% additional fee

41
Q

Failure to pay divisional

A

Re-instatement after expiry of 6mo grace period

42
Q

Last renewal fee

A

The year in which mention of the grant of the patent is published

43
Q

SPC

A

Up to 5 years for patented products which have been delayed as a result of obtaining regulatory approval (NOT PATENT TERM EXTENSION - period of protection of the product subject of regulatory approval extended)

44
Q

Third party observations

A

Filed by any person after publication of application but before final decision closing proceedings
Anonymous in any one of the official languages
No Fee
Do not become party to the proceedings
Comments should be limited to patentability

45
Q

FP available post grant?

A

NO - eg not available in opposition and appeal proceedings

46
Q

FP

A

Can be used as of right
Request by payment of prescribed fee + completion of omitted act
No reasoned statement required.
In the event of late payment - 50% of relevant fee
Late performance of acts - 250 euros

47
Q

FP not available for

A

Priority period
Correcting deficiencies at filing
Declaration/correction of priority
Supplying previous application in case of filing by reference
Payment of renewal fees
Filing notice of appeal, grounds of appeal
filing petition for review
Filing request for FP itself
Filing for re-establishment
Filing translation of the application and divisional applications
Decision as to loss of rights
Payment of extra search fees - in case of non-unity, ex-PCT
Period for indicating extra claims to be searched

48
Q

EPO as dO/eO - NP entry requirements

A

Supply a translation of IA where applicable
Specify documents on which EP grant is to be based
Pay filing fee - incl excess page fee
Pay designation fee - if later than 6mo publication of Search report
Pay search fee - if suppl search required (if EPO not ISA)
File request for examination and examination fee - if later than 6 mo from publication of search report
Pay renewal fee in respect of third year
File certificate of exhibition if applicable

49
Q

Further requirements EPO NP entry

A

Excess claims fees - 6mo from notification
Designation of inventor - 2mo
File priority application number/copy - 2mo
Sequence listing - File within 2 mo + payment of fee
Applicant details/ appoint representative - File within 2 mo

50
Q

EPO was ISA

A

No supplementary search drawn up
Rule 161/162 comm issues - 6mo to amend claims, file voluntary amendments, pay excess claims fees
Need to respond to negative findings identified during Int search/examination
FP available

51
Q

EPO not ISA

A

Rule 161/162 comm issues - 6mo deadline to file voluntary amendments, pay excess claims. A response is NOT required but comments taken into account when drawing up SESR + WO
Supplementary EP search report based on last set of claims filed and for which claims fees have been paid
If lack of unity - invited to pay search fee or indicate which claims
Full SESR drawn - make comments, respond to objections, amendments, indicate whether wishes to proceed

52
Q

No response to Rule 71(3) comm

A

Application deemed WD
FP available for either - completion of 71(3) acts or filing amendments/corrections
One FP fee
If missed - re-establishment

53
Q

Re-establishment of renewals

A

Sooner of 1 month from removal of the cause of non-compliance or 1 year from the missed deadline (end of 6mo grace)
Pay renewal fee, re-establishment fee, 50% surcharge
Written request setting out all the facts - in spite of all due care

54
Q

Re-establishment must be filed within 2mo of expiry of period

A

Priority claims
Petition for review

55
Q

Central limitation/revocation

A

Proprietor may request that EP patent is revoked or limited by an amendment of the claims
Pay fee
Cannot be filed in opposition proceedings are pending
Limitation proceedings are terminated if opposition is filed.
Takes effect across all contracting states
If objection raised by EPO - ONE opportunity to address

FC3 (3 decks)

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