The Timeline of EP

Question 1

What is required when filing a patent application? A.78(1)

Answer 1

Request for grant of a European patent R.41
A description of the invention
One or more claims
Any drawings referred to in the invention or claims
An abstract
And satisfy the requirements laid down in implementing regulations

Question 2

Which are the requirements for filing date?

Answer 2

An indication that a European patent is sought
Information identifying the applicant or allowing the applicant to be contacted
A description or reference to a prviously filed application

Question 3

What is examined A90(1) receive a filing date?

Answer 3

EP is sought, Information identifying applicant and a description

Question 4

What is included in the formal requirements?

Answer 4

Translation of application to EP language
Request of grant
Abstract
Filing and search fee been paid
Designation of inventor made
Priority if required
Form of drawings
and two less common (chemical sequences and natural legal person)

Question 5

What is included in European search report

Answer 5

Search report on the basis of the claims
Mention of the available prior art documents
Search strategy mentioned

Question 6

What is included in the search opinion?

Answer 6

A first patentability assesment done by the search division

Question 7

What is the Extended European search report?

Answer 7

The European search report + the search opinion

Question 8

What is required to use priority?

Answer 8

During a period of 12M
First application that is duly filed

Question 9

Who can apply for priority?

Answer 9

Any person who has duly filed an application, a utility model, or a utility certificate or his successor in title, shall enjoy priority.

Question 10

To what countries does duly filed apply?

Answer 10

Any state party of the Paris convention or a member of the World trade organization, WTO. (Basically any country)

Question 11

When is the publication of an application?

Answer 11

18 Months or at request of the applicant

Question 12

What is in the publication?

Answer 12

The patent application as filed and the search report (EESR) if available.

Question 13

What are the legal effects of the publication?

Answer 13

A.54(2): Content of application forms part of state of art.
A.54(3) Prior right comes into force.
A.67 Provisional protection
A.115 Third parties may file observations
A. 127 Data of the application is entered in the register of European patents.
A.128(4) The file at the EPO is open for public inspection.
A.92(8) legal effect publication of search report triggers
R.39(1) Six months period for payment of the designation fee.
R.70(1) Six months period for request of Examination
R70a Six months period to file comments on search opinion.

Question 14

When do you need to send in the request for examination at the latest?

Answer 14

6 Months after publication of search report.

Question 15

What do you need to do when requesting examination?

Answer 15

Send in request
Respond to EESR
Pay examination fee

Question 16

What is PACE?

Answer 16

Programme for accelerated prosecution of a European patent application.

Question 17

What happens if file a PACE?

Answer 17

When filed examining division strives to issue a communication within three months of recipt of request or applicant’s response to communication.

Question 18

When can you request PACE?

Answer 18

Accelerated examination can only be requested after the examining division has become responisble for the application.

Question 19

What is the top up search?

Answer 19

A search performed after publication to see if any new documents have been published between the first search and publication.

Question 20

What should be done at intention to grant R71(3)?

Answer 20

Payment of fee for grant and publishing, also ecentual claims fees, designation fee and renewal fees.
File translation of claims in the other two official EPO languages

Question 21

Time to respond to intention to grant R71(3)?

Answer 21

4 Months

Question 22

Time to respond an communication when requirements not met A.94(3)?

Answer 22

2-4 Months, set by the Examiner.

Question 23

When does a grant takes effect? A97(1)

Answer 23

The decision takes effect on the date of publication of the mention of the grant in the Bulletin