EP Patents (do not use, not ready) Flashcards
An EP examination report was issued on 20/10/2023 setting a 4 month time limit for reply.
a) what is the deadline for replying?
b) can this deadline be extended?
c) if the deadline is extended, what will be the deadline for replying?
An EP examination report was issued on 20/10/2023 setting a 4 month time limit for reply.
a)
20/10/2023 + 10 days = 30/10/2023
30/10/2023 + 4 months = 29/02/2024
The deadline for replying is 29/02/2024
b)
Yes, the examination report can be extended as of right up until 6 months
c)
20/10/2023 + 10 days = 30/10/2023
30/10/2023 + 6 months = 30/04/2024
An EP examination report was issued on 07/05/2023, but no response was filed.
The EPO therefore issued a loss of rights on 02/11/2023.
What is the deadline for requesting further processing and what actions must be performed?
An EP examination report was issued on 07/05/2023, but no response was filed.
The EPO therefore issued a loss of rights on 02/11/2023.
What is the deadline for requesting further processing and what actions must be performed?
Answer:
Deadline: 02/11/2023 + 2 months = 02/01/2024
The following must be performed by 02/01/2024:
Complete the omitted act (i.e. reply to the examination report)
Pay further processing fee
Oral Proceedings were held on 15/08/2023. The EPO issued a decision refusing the patent on 11/10/2023.
Your client instructs you to appeal the decision. What steps must be taken and by when?
Oral Proceedings were held on 15/08/2023. The EPO issued a decision refusing the patent on 11/10/2023.
Your client instructs you to appeal the decision. What steps must be taken and by when?
Answer:
The notice of appeal and appeal fee must be paid by 21/12/2023.
11/10/2023 + 10 days = 21/10/2023
21/10/2023 + 2 months = 21/12/2023
Grounds of appeal must be filed by 21/02/2024
11/10/2023 + 10 days = 21/10/2023
21/10/2023 + 4 months = 21/02/2024
An EP application was filed on 16/10/2023 and no official fees were paid. The application claimed priority from US60/123456 filed on 17/11/2022.
The specification consisted of:
Description: 31 pages
Claims: 3 pages (19 claims)
Abstract 1 page
Drawings: 4 pages (5 figures)
When are the official fees associated with filing due and what official fees need to be paid?
An EP application was filed on 16/11/2023 and no official fees were paid. The application claimed priority from US60/123456 filed on 17/11/2022.
The specification consisted of:
Description: 31 pages
Claims: 3 pages (19 claims)
Abstract 1 page
Drawings: 4 pages (5 figures)
When are the official fees associated with filing due and what official fees need to be paid?
Answer:
16/11/2023 + 1 month = 16/12/2023
The following official fees need to be paid by 16/12/2023:
Filing fee
4 x Excess claims fees
4 x Additional page fees
Search fee
