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[UVAgal4]

Hi everyone.
Just curious what you think about the new changes to the EPC and the implementing regulations.
http://www.epo.org/patents/law/legal-texts/decisions/archive/20090325a.html

http://www.epo.org/patents/law/legal-texts/decisions/archive/20090325.html

Do you think it will cause any major complications?

[JD]

Given the dramatic claim fees that were implemented last year, and increased again April 1 of this year, I think most U.S. practitioners have already modified their behavior when collaborating with/instructing their European associates.  I do my best to keep the claims within 15-20, and I've been beaten over the head enough with the EPO's insistence on only one independent claim per invention that even I've complied willingly.  :-)

The new restrictions on divisionals are an annoyance, but I'm sure most applicants and practitioners will adapt.

[lacerda70]

I see a big issue with respect to divisional applications - in particular, before you have any idea what the issued claims of the parent will look like or if they will issue at all, (1) all divisional applications must be filed in parallel (2) examination on the divisional applications will begin and most importantly, (3) the deadline for making voluntary amendments will pass. 

Unlike the case in the U.S. I don't think there's any authority with jurisdiction to hear challenges to the EP rule changes.

[relax]

http://www.epo.org/topics/news/2010/20102903.html

Realigning the European patent grant procedure
Following an extensive review of practice and procedure at the EPO, a package of new measures is entering into force on 1 April containing new rules on search and examination at the EPO, and time limits for the filing of divisional applications. The changes are aimed at fine-tuning patent practice in order to improve efficiency and uphold the high quality of European patents.

The main changes are to a number of European Patent Convention Rules, formally adopted by the Organisation's Administrative Council. The new and amended Rules relate to the filing of divisional applications, pre-search communication between examiner and applicant, obligatory response to the search opinion prior to entry into substantive examination, a requirement for applicants to identify and indicate the basis for amendments and a clearer restriction of examination only to the subject matter searched.

Updated versions of the Guidelines for Examination at the EPO and Internal Instructions also enter into force on 1 April 2010. The new guidelines have been adapted to the more recent case law of the EPO's Boards of Appeal, and aim to help EPO examiners apply the current EPO patentability standard in an efficient and consistent manner across all technical fields.

[UVAgal4]

Just a note concerning the new rules for divisional applications: since the new rule 36 EPC went into force April 1st, those periods that expired before that date (from say, a first office action in 2007-2008) have only until Oct. 1 to file a divisional. So get your divisionals in quick before it is too late.

[relax]

Realigning the European patent grant procedure
Legal changes applicable from 1 April 2010

http://www.epo.org/topics/patent-system/realigning.html