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En Munich, 26.09.2019 SUBJECT: President's Activities Report SUBMITTED BY
CA/88/19 Orig.: en Munich, 26.09.2019 SUBJECT: President's activities report SUBMITTED BY: President of the European Patent Office ADDRESSEES: Administrative Council (for information) CA/88/19 e 2019-7203 - I - TABLE OF CONTENTS Subject Page I. INTRODUCTION 1 II. GOAL 1: BUILD AN ENGAGED, KNOWLEDGEABLE AND COLLABORATIVE ORGANISATION 1 III. GOAL 2: SIMPLIFY AND MODERNISE EPO IT SYSTEMS 6 IV. GOAL 3: DELIVER HIGH-QUALITY PRODUCTS AND SERVICES EFFICIENTLY 10 V. GOAL 4: BUILD A EUROPEAN PATENT SYSTEM AND NETWORK WITH A GLOBAL IMPACT 21 VI. GOAL 5: SECURE LONG-TERM SUSTAINABILITY 37 VII. RECOMMENDATION FOR PUBLICATION 42 CA/88/19 e 2019-7203 I. INTRODUCTION Transparency of the Office's activities is ensured through regular reporting to the Council. The present report outlines the major developments and most relevant endeavours characterising 2019 so far. In June the Council unanimously approved the Strategic Plan 2023 (SP2023) that encompasses the five strategic goals the Office will pursue to evolve into a sustainable office that delivers excellence. Until now the reporting had a configuration linked to the various business areas and to the relevant departmental subdivisions, focusing more upon the operations of the Office. This report seeks to gradually move towards a report that more closely reflects SP2023, following its structure and describing the achievements in the various goals and key initiatives. This report therefore needs to be understood as a transitional one that will improve alongside the implementation of the programmes and projects of the SP. The Office also intends to propose a better aligned and more comprehensive reporting process. -
How to Get a European Patent
European Patent Guide How to get a European patent 19th edition Updated to 1 April 2019 Contents Chapter 1 – Foreword .................................................................................. 7 Chapter 2 – General ..................................................................................... 9 2.1 Introduction ................................................................................................................... 9 2.2 Nature and purpose of the European Patent Convention ....................................... 10 2.3 Relationship to other international conventions ..................................................... 11 2.4 Choosing a route: national, European or international........................................... 12 Legal factors ...................................................................................................... 12 Economic factors ............................................................................................... 13 2.5 Extending/validating European patents to/in non-contracting states ................... 14 Chapter 3 – Patentability ........................................................................... 16 3.1 Introduction ................................................................................................................. 16 3.2 Invention ...................................................................................................................... 16 3.3 Novelty ........................................................................................................................ -
The European Patent Convention and the London Agreement
Feature European changes The European Patent Convention and the London Agreement EPC 2000 – why change? By Pierre-André Dubois and Shannon The EPC 1973 came into force in 1977 and Yavorsky, Kirkland & Ellis International LLP revolutionised patent practice. However, in the last 30 years, the patent landscape The European Patent Convention (EPC 2000) changed significantly and it became apparent came into force on 13th December 2007, that there was a real need to overhaul the introducing sweeping changes to the dated legislation. First, the Agreement on European patent system. The new Trade Related Aspects of Intellectual convention governs the granting of European Property Rights (TRIPs) and the Patent Law patents by the European Patent Office (EPO) Treaty (PLT) came into force, and it was and applies throughout the 34 contracting questionable whether the EPC 1973 was in states of the European Patent Organisation line with the provisions of each of these (ie, the 27 EU Member States as well as agreements. As one example, the EPC 2000 Croatia, Iceland, Liechtenstein, Monaco, clarifies that, in accordance with TRIPs, Norway, Switzerland and Turkey). The original patents can now be granted in all fields of convention (EPC 1973), which dates back to technology as long as they are new, 1973, was outdated due to a number of comprise an inventive step and are developments in international law and the susceptible of industrial application. Second, need to improve the procedure before the the EPC 1973 was difficult to amend and, in EPO. While the new convention does not the face of fast-changing technology and overhaul substantive patent law (ie, what European legislation, required greater is patentable and what is not), it does legislative flexibility. -
En Munich, 23.11.2018 SUBJECT: Future
CA/99/18 Orig.: en Munich, 23.11.2018 SUBJECT: Future EPO building projects – Orientation paper SUBMITTED BY: President of the European Patent Office ADDRESSEES: Administrative Council (for opinion) SUMMARY This document describes the status of the EPO premises and the related building activities to be further elaborated on in the coming months for a more detailed proposal to the Administrative Council in June 2019. By then the different possible scenarios and their pros and cons will have been evaluated for further decision-making, and initial time schedules and cost estimates for the preferred scenarios will be presented. CA/99/18 e 2018-5337 - I - TABLE OF CONTENTS Subject Page I. STRATEGIC/OPERATIONAL 1 II. RECOMMENDATION 1 III. MAJORITY NEEDED 1 IV. CONTEXT 1 V. ARGUMENTS 3 A. MUNICH 3 B. THE HAGUE 6 C. BERLIN 8 D. VIENNA 8 VI. FINANCIAL IMPLICATIONS 10 VII. DOCUMENTS CITED 10 VIII. RECOMMENDATION FOR PUBLICATION 10 CA/99/18 e 2018-5337 I. STRATEGIC/OPERATIONAL 1. Strategic II. RECOMMENDATION 2. The Council is requested to give an opinion on this orientation paper. III. MAJORITY NEEDED 3. N.A. IV. CONTEXT 4. The President presented the overall strategy for building management and a status review of the EPO premises in his last activities report (CA/88/18). It is stated there that the EPO's building strategy is to deliver a modern working environment along with efficient and effective space management and to preserve the value of the EPO's assets. The Office's main goals for its buildings and the layout of workplaces are: Transparent, flexible and modern workplaces to foster collaboration Similar working conditions for all EPO staff at all sites Working conditions that improve staff well-being Maintenance to preserve asset value Increased sustainability and, in particular, reduction in carbon dioxide footprint Compliance with changing legal requirements to continuously ensure safety and security. -
The Unitary Patent and the Unified Patent Court
The Unitary Patent and the Unified Patent Court Dr. Leonard Werner-Jones Background The Past: • No centralization at all • Prosecution country-by-country • Litigation country-by-country National National Patents actions 2 The Unitary Patent and the Unified Patent Court Background The Present (since the 1970’s): • Partial centralization • Prosecution centralized at the EPO • Litigation country-by-country in national courts European National Patent actions 3 The Unitary Patent and the Unified Patent Court Background The Future: • Complete centralization • Prosecution at the EPO • Litigation at the UPC EP-UEs Centralised action 4 The Unitary Patent and the Unified Patent Court Filing and Prosecution Filing and prosecution • No change • The EPO will still be responsible for search, examination and grant of patents • All key aspects of EPO practice remain unchanged • The fun and games start at grant… 5 The Unitary Patent and the Unified Patent Court EPO Grant – Decision Time When an EP is granted, applicant will have choice: 1) Validate to get an EP patent with unitary effect (EP-UE / UP (Unitary Patent)) 2) Validate the patent country-by-country as we do now (Classic EP) • Decision has to be made within 1 month of grant by the EPO 6 The Unitary Patent and the Unified Patent Court Territorial Scope Country EPC UP UPC Ratification Country EPC UP UPC Ratification † † AL * Albania • LT Lithuania • • AT Austria • • • 06.08.13 LU Luxembourg • • • 22.05.15 BE Belgium • • • 06.06.14 MK* Macedonia • BG Bulgaria • • • 03.06.16 MT Malta • • • 09.12.14 -
Patent Harmonisation and Utilisation: First Europe and Then the World?
Patent Harmonisation and Utilisation: First Europe and Then the World? Dr Mark Weaver 3 December 2009 Director Practice & Procedure Utilisation and Harmonisation - Drivers Challenges • Worldwide Patent Application Backlogs - Millions • Duplication of Work • Increased Costs • Lack of Consistency • Increased Legal Uncertainty Possible Solutions • Utilisation and Work Sharing • New Bilateral or Multi-Lateral Agreements • Improve on Existing Work Sharing Agreements • Substantive Patent Law Harmonisation • Simplified Language Requirements First Europe ... European Patent Landscape EPO - 36 Member States Unified Patent Litigation System Austria • Belgium • Bulgaria • Croatia • UPLS Cyprus • Czech Republic • Denmark • Estonia • Finland • France • Germany • Greece • Hungary • Iceland • Ireland • Italy • Latvia • Liechtenstein • Lithuania • Luxembourg • Former Yugoslav Republic of European and Macedonia • Malta • Monaco • Netherlands • Community Norway • Poland • Portugal • Romania • Community San Marino • Slovakia • Slovenia • Spain • Patents Court Patent Sweden • Switzerland • Turkey • United Kingdom ECPC European patent applications and patents can European also be extended at the applicant's request to Enhanced Patent Network the following states: Partnership Albania • Bosnia-Herzegovina • Serbia EPN Status: December 2009 European Patent Landscape • Unified Patent Litigation System • Draft Council Conclusions on an enhanced patent system in Europe http://register.consilium.europa.eu/pdf/en/09/st14/st14040.en09.pdf • Draft Council Agreement -
The European Patent Convention, 3 Md
Maryland Journal of International Law Volume 3 | Issue 2 Article 10 The urE opean Patent Convention Follow this and additional works at: http://digitalcommons.law.umaryland.edu/mjil Part of the International Law Commons, and the International Trade Commons Recommended Citation The European Patent Convention, 3 Md. J. Int'l L. 408 (1978). Available at: http://digitalcommons.law.umaryland.edu/mjil/vol3/iss2/10 This Notes & Comments is brought to you for free and open access by DigitalCommons@UM Carey Law. It has been accepted for inclusion in Maryland Journal of International Law by an authorized administrator of DigitalCommons@UM Carey Law. For more information, please contact [email protected]. THE EUROPEAN PATENT CONVENTION The European Patent Convention' (EPC) is an attempt to simplify European patent law. The Convention provides a procedure for securing a single, European patent,2 which has the effect of a national patent in the signatory nations designated in the application. Through this alternative to national procedures, widespread patent coverage should be easier to obtain. Require- patent, however, are rigorous and its ments for a European 3 attraction is primarily the consolidation of the grant procedures. The EPC establishes several organs to handle the various aspects of the patent application procedure. The European Patent Office (EPO), located in Munich, is the international equivalent of a national patent office. Its administrative divisions are the General Search Division, the Examining Division, and the Opposition Division. The Receiving Section is at The Hague. The first procedural step is the filing of an application at either a national patent office or directly with the EPO.4 The application may be in any of the three official languages (English, French, or German) and the applicant's choice becomes the language of the proceedings.5 The Receiving Section subjects the application to both a preliminary6 and a supplementary formal examination to determine whether it is in proper form and all fees are paid. -
EUROPEAN PATENT OFFICE Guidelines for Examination General Part Amended in December, 2007
EUROPEAN PATENT OFFICE Guidelines for Examination General Part Amended in December, 2007 CONTENTS 1. Preliminary remarks 2. Explanatory notes 2.1 Overview 2.2 Abbreviations 3. General remarks 4. Work at the EPO 5. Survey of the processing of applications and patents at the EPO 6. Contracting States to the EPC 7. Extension to states not party to the EPC 1 1. Preliminary remarks In accordance with Art. 10(2)(a) of the European Patent Convention (EPC), the President of the European Patent Office (EPO) had adopted, effective as at 1 June 1978, the Guidelines for Examination in the European Patent Office. These Guidelines have been and will be updated at regular intervals to take account of developments in European patent law and practice. Amended or new text (as compared to the latest previous version only) is indicated by a vertical line in the right-hand margin. Mere deletions are indicated by two horizontal lines in the right-hand margin. Usually, updates only involve amendments to specific sentences or passages on individual pages, in order to bring at least part of the text more closely into line with patent law and EPO practice as these continue to evolve. It follows that no update can ever claim to be complete. Any indication from readers drawing the attention to errors as well as suggestions for improvement are highly appreciated and may be sent by e-mail to: [email protected] The Guidelines for Examination in the European Patent Office are also published by the EPO in an electronic, searchable form on the Internet via the EPO website: http://www.epo.org 2. -
The Court Dismisses Both of Spain's Actions Against the Regulations
Court of Justice of the European Union PRESS RELEASE No 49/15 Luxembourg, 5 May 2015 Judgments in Case C-146/13 Spain v Parliament and Council Press and Information and Case C-147/13 Spain v Council The Court dismisses both of Spain’s actions against the regulations implementing enhanced cooperation in the area of the creation of unitary patent protection The current European patent protection system is governed by the European Patent Convention (EPC),1 an international agreement which is not subject to EU law. That convention provides that, in each of the Contracting States for which it is granted, the European patent is to have the effect of and be subject to the same conditions as a national patent granted by that State. Through the ‘unitary patent package’,2 the EU legislature sought to confer unitary protection on the European patent and establish a unified court in this area. Under the EPC system, European patents provide, in each of the States which are party to that convention, protection the extent of which is defined by the national law of each State. By contrast, under the European patent with unitary effect (EPUE) system, the national law designated on the basis of Regulation No 1257/2012 will be applied in the territory of all the participating Member States in which that patent has unitary effect, which will guarantee the uniformity of the protection conferred by the patent. The translation arrangements for the EPUE, which are based on the current procedure in the European Patent Office, are designed to achieve the necessary balance between the interests of economic operators and the public interest in terms of the cost of proceedings and the availability of technical information. -
Guidelines for Examination in the European Patent Office
GUIDELINES FOR EXAMINATION IN THE EUROPEAN PATENT OFFICE Published by the European Patent Office Published by the European Patent Office Directorate Patent Law 5.2.1 D-80298 Munich Tel.: (+49-89) 2399-4512 Fax: (+49-89) 2399-4465 Printed by: European Patent Office, Munich Printed in Germany © European Patent Office ISBN 3-89605-074-5 a LIST OF CONTENTS page General Part Contents a 1. Preliminary remarks 1 2. Explanatory notes 1 2.1 Overview 1 2.2 Abbreviations 2 3. General remarks 3 4. Work at the EPO 3 5. Survey of the processing of applications and patents at the EPO 4 6. Contracting States to the EPC 5 7. Extension to states not party to the EPC 5 Part A – Guidelines for Formalities Examination Contents a Chapter I Introduction I-1 Chapter II Filing of applications and examination on filing II-1 Chapter III Examination of formal requirements III-1 – Annex List of Contracting States to the Paris Convention (see III, 6.2) III-20 Chapter IV Special provisions IV-1 Chapter V Communicating the formalities report; amendment of application; correction of errors V-1 Chapter VI Publication of application; request for examination and transmission of the dossier to Examining Division VI-1 Chapter VII Applications under the Patent Cooperation Treaty (PCT) before the EPO acting as a designated or elected Office VII-1 Chapter VIII Languages VIII-1 Chapter IX Common provisions IX-1 Chapter X Drawings X-1 Chapter XI Fees XI-1 Chapter XII Inspection of files; communication of information contained in files; consultation of the Register of European -
President's Activities Report SUBMITTED BY
CA/88/18 Orig.: en Munich, 21.09.2018 SUBJECT: President's activities report SUBMITTED BY: President of the European Patent Office ADDRESSEES: Administrative Council (for information) CA/88/18 e 2018-4859 - I - TABLE OF CONTENTS Subject Page I. INTRODUCTION 1 II. PERFORMANCE OF THE PATENT GRANTING PROCESS 2 A. WORKLOAD AND PRODUCTION 2 B. QUALITY 7 a) Quality action plans 8 b) Quality Management System 8 c) Asian documentation 9 d) Cooperative Patent Classification (CPC) 10 e) Harmonisation efforts in relation to ICT 12 f) Harmonisation in the HBC sector: biotechnology and pharmaceutical patents 14 g) Procedures and Guidelines 14 C. RELATIONS WITH USERS 15 a) User support 15 b) User feedback 16 c) Communication with applicants 17 III. SOCIAL DIALOGUE 18 IV. IT AND AUTOMATION PROJECTS 19 A. ITR – DELIVERIES FOR THE PGP AND KMS 19 a) Delivering the digital transformation agenda 20 b) Improvements to existing tools 21 c) Other tool adaptations 21 B. DELIVERIES FOR OTHER AREAS 22 a) Corporate area 22 b) Infrastructure/data centres 23 C. LAUNCH OF AN IT AUDIT 23 V. BUILDINGS 23 A. NEW MAIN THE HAGUE 23 B. OTHER BUILDING PROJECTS 25 a) Status review of EPO premises – overview 25 CA/88/18 e 2018-4859 - II - VI. EPN 33 A. CO-OPERATION WITH MEMBER STATES 33 B. EUROPEAN PATENT ACADEMY 34 a) Institutional Strengthening 34 b) Judicial Training 34 c) Professional Representatives 34 d) Academia 35 e) E-learning 35 C. CO-OPERATION WITH THE EUIPO 35 D. REPRESENTATION BEFORE THE EPO 36 E. EUROPEAN PATENT REGISTER 36 F. -
The Road Towards a European Unitary Patent
EUC Working Paper No. 21 Working Paper No. 21, March 2014 Unified European Front: The Road towards a European Unitary Patent Gaurav Jit Singh Faculty of Law, National University of Singapore Photo: BNEGroup.org ABSTRACT For over forty years, European countries have held numerous conferences and signed multiple international agreements aimed at either creating a unitary patent which will be valid in all European countries upon issuance or establishing a specialized European court with jurisdiction over patents. This paper first outlines the need for a unitary patent in the European Union and then chronicles the measures taken to support and milestones toward the creation of a European-wide unitary patent system. The paper then discusses the few problems and pitfalls that have prevented European countries from coming to an agreement on such a patent system. Finally, the paper considers the closely related agreements of ‘Unitary Patent Package’, the challenges facing these agreements and examines if it would finally result in an EU Unitary patent system that benefits one and all. The views expressed in this working paper are those of the author and do not necessarily reflect the views of the European Union or the EU Centre in Singapore. The EU Centre in Singapore is a partnership of 13 EUC Working Paper No. 21 UNIFIED EUROPEAN FRONT: THE ROAD TOWARDS A EUROPEAN UNITARY PATENT GAURAV JIT SINGH1 INTRODUCTION Obtaining, enforcing and maintaining patents in the EU are far from efficient or cost effective. An inventor that seeks patent protection in the European Union (EU) territory now has to either file for a national patent in each one of 28 national patent offices, or file for a European patent, granted by the European Patent Office (EPO), within the framework of the European Patent Convention (EPC)2.