Patent Law (UK) - Prosecution at the EPO Flashcards
An overview of patent prosecution at the European Parent Office (EPO).
What is the primary function of the Receiving Section in the EPO?
Processing incoming applications and assigning filing dates.
Explanation: The Receiving Section ensures compliance with filing requirements and assigns crucial filing dates.
Which document is mandatory to receive a valid filing date?
Indication that a European patent is sought, applicant identification, and a description.
Explanation: These elements establish the minimum for securing a valid filing date per Rule 40 and Article 80.
What does the Extended European Search Report include?
Prior art search report and an opinion on the patentability of the invention.
Explanation: This report provides the first substantive insights into the application’s scope for protection.
What is the role of third-party observations in the EPO process?
To provide objections to the application during pre-grant consideration.
Explanation: Third parties may flag potential issues for consideration before grant.
Which of the following applies to PACE prosecution?
It accelerates the prosecution process upon request by the applicant.
Explanation: The PACE program expedites examinations and communications.
Under the London Agreement, which of the following statements is true about validation?
States where English, French, or German is an official language often do not require a full translation.
Explanation: The London Agreement simplifies validation and reduces translation burdens for many states.
What is the standard renewal fee timeline for European patent applications?
Annually, starting from the third calendar year after filing.
Explanation: Renewal fees support ongoing prosecution until national fees replace them post-grant.
Which procedure enables the proprietor to voluntarily amend the patent post-grant?
Limitation proceedings under Art. 105a.
Explanation: Article 105a allows proprietors to amend granted patents across all designated states.
What is the purpose of the Enlarged Board of Appeal?
To ensure uniform application of law and address fundamental legal questions.
Explanation: This Board reviews significant legal issues and conflicting Board decisions.
What is a possible outcome of the “ping-pong effect” during appeals?
Substantial delays in opposition and appeal decisions.
Explanation: Repeated remands between divisions and appeal Boards can elongate proceedings.
The EPO’s Examining Divisions handle both substantive and formal examination of applications.
True of False
True
An applicant must file all mandatory application documents in English only.
True or False
False
Explanation: Applications can also be filed or translated into French or German (EPO official languages).
The London Agreement provides exemptions for full translation requirements in certain Contracting States.
True or False
True
Requesting PACE automatically exempts applicants from the Extended European Search Report.
True or False
False
Explanation: PACE accelerates prosecution but does not skip essential prosecution steps like the search report.
Third-party observations can only be submitted after the substantive examination stage.
False
Explanation: Observations can be submitted during pre-grant proceedings.
The Boards of Appeal operate under the exclusive oversight of the EPO’s President.
False
Explanation: The Boards of Appeal are administratively separate and independently managed.
A European patent application must include a request for grant and at least one claim at the time of filing.
True
Substantive examination must be requested within six months of the search report’s publication.
True
The opposition process can only be initiated by the proprietor of the patent.
False
Explanation: Oppositions can be filed by any party except the proprietor.
Reformatio in peius ensures that an appellant cannot be in a worse position after an appeal than before.
True
