Unit 4 - EP Patents Flashcards
What are the minimum requirements for obtaining a filing date on a European patent application?
- Indication a patent is sought
- Details of the Applicant sufficient for the EPO to contact them
- Description or reference to a previously filed application.
What are the requirements for a representative on a European Patent application?
- Must be a European Professional Representative.
- Representative must be identified on the Request for Grant form.
What deadlines are set by the publication of the European Search Report?
- Examination and designation fees
- Selection of extension and validation states and fees
- Response to objections in SR
- Confirm intention to proceed to examination.
What is the deadline for responding to the ESR on a direct/divisional filing?
6 months from date of publication.
What is an A1 spec on an EP?
Publication of the specification and European search report.
What is an A2 spec on an EP?
The publication of the specification without the European Search Report.
What is an A3 spec on a EP?
The publication of the European Search Report only.
What deadlines are set by a summons to oral proceedings?
Date of oral proceedings
Date for written submissions
No 10 day rule
What are the deadlines are set by the decision to refuse?
File notice of appeal and pay appeal fee within 2 months of notification of the decision to refuse.
File grounds for appeal including substantive comments and/or amendments within 4 months of notification of the decision to refuse.
What deadlines are set by Rule 71(3)?
Approving text for grant by paying grant and printing fees, paying any excess page or claims fees and filing translations in to other two official EPO languages.
OR disapprove text for Grant and file amendments.
Due within 4 months of notification of intention to grant.
When are renewal fees payable to the EPO?
From 3 months before the renewal due date (last day of the month containing the 2nd anniversary of the filing date) until 6 months after the renewal due date and annually thereafter until the patent grants and is validated in EP states.
Where are renewal fees payable to after grant?
To each patent office of a validated state.
What is the deadline for filing an opposition and what action must be taken?
9 months from the date of grant.
Actions:
Pay opposition fee
File notice of opposition
File grounds for opposition
When are formal drawings due on an EP Patent application?
On filing.
