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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. -
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. -
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. -
World Intellectual Property Organization Geneva
E WIPO SCIT/ATR/PI/1999/EP WORLD INTELLECTUAL PROPERTY ORGANIZATION GENEVA STANDING COMMITTEE ON INFORMATION TECHNOLOGIES ANNUAL TECHNICAL REPORT 1999 ON PATENT INFORMATION ACTIVITIES* submitted by the EUROPEAN PATENT OFFICE An annual series of reports on the patent information activities of members of the Standing Committee on Information Technologies * – The term “patent” covers utility models and SPCs. – Information related to design patent activities reported by industrial property offices issuing design patents is included in the series of documents SCIT/ATR/ID. European Patent Office Technical Report on Patent Information Activities in 1999 European Patent Office 29 May 2000 Technical Report on Patent Information Activities in 1999 Page II Table of Contents I. EVOLUTION OF PATENT ACTIVITIES ........................................................................... 1 II. MATTERS CONCERNING GENERATION, REPRODUCTION, DISTRIBUTION AND USE OF PRIMARY AND SECONDARY SOURCES OF PATENT INFORMATION....... 2 1. Printing and Publication of Patent Documents........................................................... 2 1.1 Patent Applications ............................................................................................ 2 1.2 Granted Patents................................................................................................. 3 2. Main Types of Announcements in the Field of Patent Information ............................ 4 3. Publication Media....................................................................................................... -
The European Patent Office
INTEllECTUAl PROPERTY 286 CHIMIA 2000, 54, No.5 Chimia 54 (2000) 286-287 © Neue Schweizerische Chemische Gesellschatl ISSN 0009-4293 Safeguarding Europe-Wide Patent Protection: the European Patent Office Ulrich Schatz* Abstract: The European patent system, created in 1977, provides for the co-existence of a national and a centralised procedure for the grant of patents. Central grant authority for European patents is the European Patent Office in Munich, which carries out its task on the basis of the provisions laid down in the European Patent Convention. The establishment of a Europe-wide patent system has led to a significant increase in the demand for patent rights in Europe. Inthe framework of their co-operation, the member states of the European Patent Organisation have also created a unique patent information network for accessing the information contained in patent documents. In view of its impending eastward expansion, the European Patent Organisa- tion is set to undertake a revision of the European patent system to ensure its flexibility in the future. Keywords: esp@cenet . Europe· Innovation· Internet· Patent information' Patents The conclusion of the European Patent borders proves that this Organisation has grounds for revocation by the EPO in an Convention on 5 October 1973 was an changed the landscape of industrial prop- opposition procedure and those by na- important milestone on the road to a uni- erty protection in Europe. The worldwide tional courts in revocation or infringe- fied patent in Europe. In 1997 the Europe- development in the field of patents has, ment procedures. Furthermore, the Con- an Patent Office celebrated its 20th anni- moreover, been significantly influenced vention provides for professional repre- versary, The founding of the European by the European Patent Convention enter- sentation before the EPO, creates the Patent Organisation in 1977 and the open- ing into force. -
An Enhanced European Patent System
An Enhanced European Patent System The Select Committee The Preparatory Committee An Enhanced European Patent System In December 2012 the Council of the European Union and the European Parliament agreed on two regulations1 laying the foundation for unitary patent protection in the EU. Shortly afterwards, in February 2013, 25 EU Member States signed the Agreement on a Unified Patent Court (UPC). This committed the Contracting Member States to establish a Court common to them with exclusive jurisdiction for future European patents with unitary effect (Unitary Patent Protection, UPP) as well as for European patents validated in one or several of the contracting states – “classical” European patents. The aim of the reform is to offer business an alternative by simplifying the existing system and support a cost effective route to patent protection and dispute settlement. It will still be possible to use the national route for those preferring to seek protection in individual Member States and to validate a European patent in one or several Member States. It will also be possible to combine the new system with the 1) Regulation (EU) No 1257/2012 of the European Parliament and of the Council of 17 December 2012 implementing enhanced cooperation in the area of the creation of unitary patent protection, Council Regulation (EU) No 1260/2012 implementing enhanced cooperation in the area of the crea- tion of unitary patent protection with regard to the applicable translation arrangements. 2 old one and have a European Patent with unitary effect and in addition validate the patent as a classical European Patent in other EPC Contracting States.