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Patent Admin course > Unit 4 - EP > Flashcards

Unit 4 - EP Flashcards

1
Q

What are the minimum requirements for obtaining a filing date on a European patent application?

A
  • Indication that a patent is sought
  • Details of Applicant
  • Description or reference to earlier application
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2
Q

What are the requirements for a representative on a European patent application?

A
  • Must be a European Professional Representative

- Representative must be identified on Request for Grant Form

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3
Q

What deadlines are set by publication of the European Search Report?

A
  • Pay designation/examination fees
  • Confirm if any extension/validation are designated & pay fees
  • Respond to objections in search opinion (Written Opinion)
  • Confirm intention to proceed to examination (if examination fee already paid)
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4
Q

What are the types of EP patent?

A
  • Direct filing (Non-Convention, Convention)
  • Convention ex-PCT (EURO-PCT)
  • Non-convention ex-PCT (EURO-PCT)
  • Divisional
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5
Q

What is the deadline for filing direct EP filing?

A
  • 12 months from earliest priority date
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6
Q

What is the deadline for filing EURO- PCT application?

A
  • 31 months from earliest priority date of priority/filing date on PCT application
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7
Q

What is the deadline for filing Designation of Inventor? (GB)

A
  • 16 months from earliest priority date (priority filed)

- 16 months from filing date (no priority)

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8
Q

What is the deadline for filing priority claim (Direct EP)

A
  • On Form 1001
  • within 16 months of earliest priority date being claimed

However EP application must have been filed within 12 months of earlier priority date

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9
Q

When is the certified copy of priority document due? (EP Direct)

A

16 months from earliest priority date claimed

Not needed if priority claimed from application first filed in CN, JP, KR, US, EP or PCT filed at EPO

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10
Q

What are the 3 official languages of the EPO

A

English, French and German

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11
Q

If specification is not in EPO official language, what is the deadline for filing translation?

A

2 months from filing date

If missed EPO issue invitation to file with further 2 month deadline

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12
Q

What are the fees due on filing or 1 month from filing date? (EP)

A
  • Filing fee

- Search fee

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13
Q

Where can you file an EP patent application?

A
  • EPO Office (Munich, The Hague or Berlin)
  • National Office (e.g. UKIPO)
  • Divisional application can only be filed at EPO
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14
Q

If invention relates to national security and inventor is resident in UK, what would you do?

A

Either

  • File first application (priority) in UK

or

  • Apply to UKIPO to obtain foreign filing licence
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15
Q

How to file EP patent application?

A
  • By hand
  • Online
    - EPO online software
    - EPO web form filing
    - EPO case management system
  • Post
  • Fax
  • Courier
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16
Q

How to pay fees at EPO?

A
  • Bank transfer
  • Deposit Account
  • By account set up with EPO
17
Q

What actions are due for filing request for further processing and by when?

A
  1. Request further processing by paying further processing fee
  2. Complete action that was missed

Deadline - 2 months from Noting of Loss of Rights communication (10 day rule apply)

Fees -
Further processing fee - fixed amount
If missed action is fee - 50% of missed fee

18
Q

What actions are due for responding to Rule 161/162 communication and by when?

A
  • Pay excess claims fees over 16
  • If ISA is EPO - file response to written opinion
  • Optional voluntary amendments (description, claims & drawings)

Deadline - 6 months from notification of Rule 161 communication (non-extendible & 10 day rule apply)

19
Q

When is further search fees due on EP patent (if required)?

A

2 months from notification of partial search report (10 day rule apply)

20
Q

What is deadline for responding to EESR? (EP Direct)

A

6 months from publication of search report (EESR) - no 10 day rule

21
Q

What is the deadline for responding to EESR and what actions? (EURO-PCT)

A

6 months from notification of a subsequent communication (10 day apply)

  • Confirming intention to proceed with application
  • Respond to Written Opinion
22
Q

What is an A1 spec on EP?

A

Publication of specification & European Search Report

23
Q

What is an A2 spec on EP?

A

Publication of specification without European Search Report

24
Q

What is an A3 spec on EP?

A

Publication of European Search Report only

25
Q

When is the designation fee due on EP Direct filing?

A

6 months from publication of European Search Report

26
Q

What is deadline for responding to Examination Report? (EP)

A

Usually 4 months from date of communication, sometimes 2 months
- Extendible by up to 6 months

27
Q

What deadlines are set by a summons to oral proceedings?

A
  • Date of Oral Proceedings
  • Written Submissions due usually 1 or 2 months before date of oral proceedings
  • No 10 day rule applies
28
Q

What deadlines are set by Decision to Refuse?

A
  • File Notice of Appeal & pay appeal fee due 2 months from notification of Decision to Refuse (10 day rule apply)
  • File Grounds of Appeal due 4 months from notification of Decision to Refuse (10 day rule apply)
29
Q

What deadlines are set by Rule 71(3) communication?

A
  • Approve/disapprove text and drawings proposed for grant
  • Confirm accuracy of bibliographic information
  • Pay fees (grant and printing)
  • File translation of claims into other official languages of EPO
  • Pay any outstanding claims fees over 15

Deadline - 4 months from notification of Rule 71(3) communication (Non-extendible & 10 day rule apply)

30
Q

When is a divisional application due? (EP)

A

Grant date minus 1 day

31
Q

When must the validation process be complete?

A

3 months from date of grant but could be different for each country

32
Q

How long does an EP patent last?

A

20 years from date of filing

33
Q

When are renewal fees payable to EPO? (EP)

A
  • Before grant until patent is granted
  • Paid once a year at end of month containing anniversary of filing date
  • Payable from 2nd anniversary of filing date for 3rd year renewal fee onwards
  • Payable up to 6 months late with surcharge
34
Q

When can a EP patent be opposed and what actions are due?

A

9 months from grant date (non-extendible)

  • File Notice of Opposition & Grounds of Opposition

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