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[Senthilnk]

What are the difference between US and EP Patent system?

[JimIvey]

Given the time and space available to me at the moment, I can think of only one way to answer that question accurately:

The differences are the union of (i) those aspects of US patent law not found in EPO patent law and (ii) those aspects of EPO patent law not found in US patent law.

That's just too broad and open-ended to answer any other way here.  You might as well ask "What's obvious?" or "What're the differences between anti-matter, dark matter, and matter?"

If you have a more specific question, I might be able to provide potentially useful information.

Regards.

[Richard LI]

This is a difficult question to answer.

[landonew]

One massive difference is the system for determining priority:  First-to-invent v. first-to-file


Hopefully we will see the day where the major patent systems (EPO, USPTO, JPO ext.) are harmonized.  A big goal of US patent reform should be to secure enforceability of American IP abroad in countries such as china and india.  They are going through their period of "industrialization" and will be big consumers in the next consumers. 

[Senthilnk]

Well. Good response.

As of know I have in my mind is that how the claim drafting is different in US and EP System?

I think, now all you will be answer to this question.

Best Regards

Senthil

http://indiapatents.blogspot.com

[bartmans]

Senthil,

there is no basic difference in claim drafting. In both jurisdictions your claims have to be new and inventive and there are basically no formalities.

One difference is that in the US you may not have multiple dependencies, while in Europe this is not a problem. Further, especially in the mechanic technologies you will often see that European type claims contain the phrase characterized in that.This is thought to indicate that all the elements before this phrase (called the preamble) would be known from the prior art, while the rest of the claim (called the characterizing part) would set forth the novel features of the invention. However, it is standard case law in Europe that the courts will not fix the applicant to this intention, although Examiners often force you to apply this kind of claim language.

Also typical for Europe was the so-called Swiss type claim, which was used to claim a second medical indication of a known pharmaceutical compound. This claim would look like:
Use of product X for the manufacture of a medicament to control disease Y.

However, with the recent update of the EPC law, a second medical indication may be claimed as a product claim, thus:
Product X for use in the treatment of disease Y.

These are a few difference which spring to mind, there will undoubtedly be smaller ones (such as the Jepson-type claim which is specific for the US, but rarely used).

[bleedingpen]

One difference is that in the US you may not have multiple dependencies, while in Europe this is not a problem.

Multiple dependencies are OK in the US, you just have to pay for them.

[dablueman]

One difference is that in the US you may not have multiple dependencies, while in Europe this is not a problem.

Multiple dependencies are OK in the US, you just have to pay for them.

He's referring to multiple dependent claims as in "A gadget according to claim 3 and 4, further comprising ---", not multiple claims that are dependent on others. Multiple dependent claims that don't refer to previous claims in the alternative are NOT allowed in the US. See MPEP 608.01(n).

[Ghoti]

A Relevant Book may be: Paul Cole, Fundamentals of Patent Drafting. This is a relative cheap book (I think it was $20) and discusses the differences between EPC, UK and US.

[MYK]

Given the time and space available to me at the moment, I can think of only one way to answer that question accurately:

A fish.