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Topic: European patents (Read 3231 times) |
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manoj pandey
Newbie
Posts: 10
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European patents
« on: Jan 9th, 2007, 6:10am » |
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As EP is a patent granting authority, what protection an EP patent carries to europen countries? Why do we see DE, GB, FR etc. patents in a patent family when already an EP patent is granted?
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Isaac
Senior Member
Posts: 3472
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Re: European patents
« Reply #1 on: Jan 9th, 2007, 2:06pm » |
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A patent granted by the EP is not effective in any country. After an opposition period, the EP patent is used to obtain national patents (that is a DE, GB, FR) in a procedure intended to be administrative (with fees of course).
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Isaac
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manoj pandey
Newbie
Posts: 10
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Re: European patents
« Reply #2 on: Jun 17th, 2007, 7:50am » |
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Can you please explain a bit more about these procedures to enter into national phase. Patent tem is counted from EP application filing or fron national phase ebtry date? Also do we need to pay maintenence fee only for individual countries or for EP patent as well?
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ThinkPatent
Newbie
Posts: 21
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Re: European patents
« Reply #3 on: Jun 17th, 2007, 11:21pm » |
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The European Patent Office (EPO) examines applications in accordance to the provisions of the European Patent Convention (EPC) consequently leading to grant of European patents (EP). While filing a European application, the applicant is required to file in one of the three official languages of the EPO, i.e. in English, German or French (see Article 14(1), EPC) and later before communicating intention to grant a European patent, the Examining Division of the EPO informs the applicant to translate claims in other two official languages of the EPO (see Rule 51(4), EPC).
Once European patent is issued, it is enforceable on a country-by-country basis and applicant/patentee is required to translate patent in official language of each country in which protection is sought. In case of failure to provide translation within the prescribed time limit, the patent “shall be deemed to be void ab initio in that state” (see Article 65, EPC).
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helene_eur_att
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Posts: 20
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Re: European patents
« Reply #4 on: Jun 18th, 2007, 11:23am » |
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The translation of the patent in the official language of a designated state must be provided within a period of at least 3 months from the publication date of mention of the grant. Validation of the patent in the designated contracting states may further require the appointment of a national representative.
The term of the patent is 20 years as from the date of filing of the application (either direct EP or Euro-PCT application); then a european patent application filed on June 17, 2007 (and claiming priority of a US application filed one year before) then granted then validated in France will lapse on June 16, 2027.
The maintenance of the patent require the payment of a "national" renewal fee, in each contracting state in which the patent has been validated.
This should change in the near future with the entry into force of the London Agreement.
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