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European patent application introduction

发布日期:2022-08-25  浏览次数:   信息来源:小编

European Specialty Li

According to the \"European Patent Convention\", all technical inventions can apply for European patents. The European patent can take effect in the contract of the European Patent Convention in accordance with the request of the applicant. In addition, according to the European Patent Agency (EPO) and a separate agreement with a specific country, applicants can also request European patents to take effect in extending countries and effective countries.

In each country that takes effect, the domestic patent authorized by the European patent department has the same effect and is protected according to domestic law.

[]
EPO
European Patent Agency
euipo

Europe in Europe The EUROPEAN PATENT Office (EPO) is established in accordance with the European Patent Convention, which is responsible for reviewing the European Patent (EUROPEAN PATENT) that can take effect in 42 countries. The headquarters is located in Munich, Germany. department.

Website: www.epo.org

Tel: +49 (0) 89 2399 4500 (Munich)

[ 123] ■

+49 (0) 30 25901 4500 (Berlin)
+31 (0) 70 340 4500 (Hague)
+43 (0) 1 52126 4500 (Vienna)
Online consultation

European patent can take effect

The State of the European Patent Convention (38 countries)

Albania, Austria, Belgium, Bulgaria, Croatia, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Iceland, Iceland , Ireland, Italy, Latvia, Liechtenstein*, Lithuania, LusonFort, Malta, Monaco, former Yugoslav's Macedonian Republic, the Netherlands, the Netherlands, Norway, Poland, Portugal, Romania, St. Marino, Serbia, Slovakia, Slovenia, Spain, Switzerland*, Turkey, Britain.

Note*: Switzerland and Liechtenstein can only be specified at the same time.

2. Extending the country (2 countries)

Persia -Hezonvia, Heishan.

3. Effective country

(2 countries)

Morocco, Republic of Moldva.

Introduction
\", all technical inventions can apply for a European patent. The European patent can take effect in the contracting country of the \"European Patent Convention
\" according to the applicant's designated request. In addition, according to the separate agreement between EPO and several countries, applicants can also request European patents to take effect in extending countries and effective countries.
euipo In each country that takes effect, the domestic patent authorized by the European patent department has the same effect and is protected according to domestic law.

European patent authorization conditions

must be invent or method for product invention or method;

It has novelty, that is, it does not belong to the existing technology that the public knows in any form before the application date (including the priority date), but within 6 months before the application date (including the priority date) It does not affect novelty or publicity or disclosure of exhibitions at a specific international exhibition;

is creative, that is, general technical personnel in related technical fields are not obvious;

Be able to industrialized production or use;

● Fully disclosed so that technical personnel in related technical fields can implement the invention;

A group of inventions that can only involve one invention or belong to the same invention, but in EPO, you can submit a sub -application application;

No It belongs to the object that does not grant patents, such as the treatment or diagnosis of humans or animals, new plants or animal varieties, the substantial biological methods, discovery, mathematics methods, computer software, business methods, etc.;

The implementation of the invention shall not violate public order or public ethics, such as clone human body or human embryo for business purposes.

3. Program

Getting a valid European patent has two ways: first, apply directly to EPO to obtain European patents, generally 3 to 5 years; Submit the PCT international patent application and use EPO as the designated bureau.
Applying for European patents directly to EPO
Submit application patent

EPO acknowledges the priority of 12 months. If there is a reasonable reason, it can be extended for another 2 months.

Applicants who have no residence or business office in Europe need to designate an agent for application procedures.

Application documents include authorized requests, invention instructions, claims, attachment (if any), abstract, priority documents (if any), authorized proxy documents (if.) However, the needs of the EPO official language (English, French, and German) needs to be submitted and translated into one of the above three languages.

There are many ways to submit the application directly to the EPO. The online application includes the use of online application software, New online application CMS system

or web-form. In addition, it can also be Submit an application through mailing, fax or direct submission of paper files.

EPO patent application guidelines

Submission of European patent applications will be deemed to be specified in all contracts, extended countries, and effective countries, but subsequent confirmation / extension should be confirmed / extended / Effective application, you can clearly revoke the designated / extended / effective application for some countries when confirming the specified / extension / effective application.

2. Form review

EPO check the integrity of the application file, and the qualified application will be confirmed by the application date.

3. Forced retrieval

EPO will retrieve it according to power, and the retrieval application is novel and creative. After the search is completed, the EPO will produce a search report and provide preliminary review opinions to the applicant.

New changes: From November 1, 2017, if the applicant has responded to the retrieval report, but the examiner still cannot see any authorization possibility, review After issuing a search report, the staff can issue a pass to the applicant to participate in the oral review process, and use this as the notice of the first review opinion. thisEarlier, EPO needs to issue a check -up process after issuing a search report and further providing the first review opinion before sending the submission of the participation procedure.

4. Public application

Application and retrieval reports will usually be disclosed after 18 months from the application date (including priority date).

The applicant shall determine whether to request a substantial review within 6 months after disclosure. During this period, the applicant should pay the specified fee, extension fee and effective fee for the prescribed.

From the date of application disclosure, the invention in the European patent application will be temporarily protected in the designated country / extended country / effective country, but some countries may request the translation of claims required by their own national patent bureau This translation can only be temporarily protected after the translation book is public. The temporary protection provided by various countries shall not be lower than the protection of patent applications in the country in China.

5. Third -party opinions

Anyone who can apply to EPO after the European patent application is publicly applied for public application. EPO will not inform the third party to the third party, but will notify the applicant or the patent person.

If the patent application has not been authorized, the opinion will be considered by EPO, but if the patent application has been authorized, the opinion will not be considered, but it will be added to the patent document.

6. The substantive review and authorization

EPO will meet whether the review application meets the authorization conditions after receiving the substantive review application. If it is determined to meet the authorization conditions and the applicant has paid authorization and public expenses, EPO will issue an authorization decision and announce it on the European patent bulletin.

EPO patent review guide

The validity period of the authorization patent is 20 years from the application date, but the annual fee must be paid according to law.

If the applicant refuses to accept EPO to reject the authorization decision, it may appeal to the EPO appeal committee. If there is a major procedure defect in the appeal procedure or based on other specific reasons in accordance with the law, the parties may request an enlarged appeal committee for review.

Chinese applicants can follow

\" Five Bureau Patent Examination Highway (IP5 PPH) project \"

Request EPO to accelerate review. For specific content, please refer to the China National Intellectual Property Office guide.

7. After the domestic effectiveness

After the authorization decision is made public, in general, the authorized European patent must be effective in the designated state, extending the country, and the effectiveness of the country to perform the effective procedures in order to take effect. According to the different provisions of the domestic laws of various countries, applicants may need to pay the necessary fees, submit instructions or translation versions of claims, etc.Effective procedure. However, the United Kingdom, Germany, France, Switzerland, Luxembourg, Monaco, Liechtenstein, Ireland, Albania no longer require domestic procedures and authorize European patents to automatically take effect in these countries. The protection measures for authorized patents are also stipulated by domestic laws.

8. Objury

After the European patent authorization, if others think that it does not meet the authorization conditions, it may submit an objection notice to the EPO within 9 months after the authorization decision is disclosed.

EPO will make a decision to maintain or revoke the authorized patent based on the evidence materials submitted by the objections and the applicant in the objection procedure.

If the EPO decides not to be convinced, it can appeal to the EPO appeal committee. If there is a major procedure defect in the appeal procedure or based on other specific reasons in accordance with the law, the parties may request an enlarged appeal committee for review.

9. Restricted or revoked

After European patent authorization, the patent person can propose to EPO's restrictions or revocation procedures for its patent. Countries, extend the country, and take effect.

4. Fees

Project (Euro)
euro Application fee Online 585 [ 123] ] 525 ] ] annual fee 470 123]第4年
]

120

Non -Online Application documents related additional costs (more than 35 pages) +585 Search fee Specify all parties

[

123]
210

Each 1 pages

+15

Relevant additional costs (more than 15 items)
16-50 items, each item

+235

more than 50 items, each each, each, each, each Item

1300

The substantial review fee
1635

Authorized and open fee 785
925

Objury fee
Request restriction fee

1165

Requesting fee

Appeal fee

1880
Review fee

2910

[

123] From the date of application

585
[123 ]8201050[123 ] 1165 8th year 1280 [123] ] 123]
第5年

第6年

Seventh year

1395

[

10th -20th year, every year

1575