European patent
What is a European patent?
The European patent is a document for exclusive rights, granted by the European Patent Office (EPO). EPO is one of two organs of the European Patent Organization, wherein the relevant European patent applications are filed. The application for a European patent refers to the category of so-called “regional applications”. It does not differ in its content from any other patent application. Each European patent is granted for patentable inventions from all fields of industry.
The Invention is a technical solution to a technical problem. An Invention is patentable if the same is worldwide new, involves an inventive step, and is susceptible to industrial applicability. Inventions are most often products, systems, apparatus, or production methods, which divides them into two main categories – product and method… (Learn more about Inventions)
MORE ABOUT THE EUROPEAN PATENT
What is the procedure for obtaining of European patent?
The European patent grant procedure in EPO is similar to the national procedure for patent in Bulgaria, but the stages differ. Every filed application is subject to checking whether the official fees due are paid properly. This is followed by consideration of claims and applicability check of the Invention. It is necessary for the claims to be clearly and precisely formulated and well supported by the description. In the examination procedure of the patent application, a search and analysis are carried out in order to establish whether the Invention is new and involves an inventive step. The examination procedure of the application is conducted
by a patent examiner, working in the EPO, who communicates with the applicant. Each European patent application contains an application form, description of Invention, patent claims, drawings (if any), abstract. Applications should be filed with the EPO in one of the official languages. The official languages are English, French, and German. If the documents are not filed in one of the above-mentioned languages the relevant translations shall be presented. The services of the Professional Representative are obligatory only for applicants, residing outside Europe. The EPO advises all applicants to seek the professional assistance of a consultant.
Grant Procedure Stages
1. Filing and Formal Examination
The first step in the grant procedure is checking the application form along with all supporting documents. These include checking whether all necessary information and documentation are presented so that the application can be dated. In the application form, the following is required: an indication that a European patent is sought (application form); data, identifying the applicant (form); description of Invention or reference to the earlier-filed application. If an application date is set, a formal examination follows. The formal examination is related to the check of some formal aspects, including the form and content of the application form, drawings and abstract, determination of the inventor, the required translation, and payment of fees due.
2. Patent search
After the formal examination, a patent search is performed, which is a patent search, accompanied by a search report and written opinion.
It is important to note, that at this stage the clarity of description and claims of the application are considered. In case of lack of clarity, the patent search shall not be conducted.
All documents, found during the patent search and relevant to the assessment of novelty and inventive step of the invention disclosed in the application are listed in the European search report. The search report is based on patent claims, but the patent description and all drawings (if any) are also considered. Immediately upon preparation of the European search report, the same is posted to the applicant along with a copy of all cited documents and preliminary statement for compliance of the applied invention and application with the requirements of the European Patent Convention (EPC) and whether a patent could be granted.
3. Publication of Application
The application is published – usually with the search report – 18 months after the filing date, or in case of a priority claim, from the priority date. The applicant has 6 months to decide whether to proceed with requesting a substantive examination. Alternatively, when a request for substantive examination is filed, the applicant is invited to confirm whether the procedure regarding the application shall continue. Within the same deadline, the applicant has to pay the relevant official fees for designation and (if desired) the official fee for territorial extensions.
From the publication date, the application confers provisional protection of the Invention in designated countries.
However, depending on relevant national legislation, it may be necessary to file a translation of patent claims before the relevant patent office and upon publication of the translated claims provisional protection of the invention shall be ensured – this is required for the provisional protection in Bulgaria.
4. Examination as to substance
Upon the filing of the examination request, the EPO examines whether the application is in compliance with the EPC and whether the patent can be granted. Usually, the examination team consists of three patent examiners, and one of them is contacting the patent applicant or patent representative. The decision on the application is taken by the examiners’ team as a whole to ensure maximum objectivity.
5. Patent Grant
If the examination team considers that the application is in compliance with all of the requirements it shall issue a relevant decision. A mention for grant the European patent shall be published in the Official Bulletin of the EPO upon the filing of the translations of patent claims (in the other official languages) and payment of the grant and publication fees is settled. The decision to grant the patent enters into force from the date of publication. The granted patent is not a unitary patent. It is a “batch” of separate national patents, therefore the validation procedure in designated states of interest is required.
6. Validation
In order to be in force in designated states of interest, the patent owner is required to file the translation of patent description and claims in the national language within a three-month term from the date of publication of mention to grant the patent before the National Patent Office – that is the requirement for Bulgaria as well. Depending on national legislation the applicant shall pay the relevant official fees by a certain deadline.
Effect & Terms of protection
Proceeding before the EPO is going through the procedure with defined stages, having specific requirements. If the requirements during some of the stages have not been fulfilled, the applicant is notified and given a prescribed term to overcome the irregularities. Monitoring and observation of these terms is the responsibility of the applicant or its patent attorney.
The maximum term of protection of a European patent is 20 years in case a so-called “validation” has been effectuated. This term of protection is defined from the date of filing of the application (priority date). The exclusive rights are limited only in the country, wherein the granted patent is validated… (Learn more about validation of European patent in Bulgaria)
European Patent Attorney
The applicant may file the application in person or by Industrial Property Representative, better known as European Patent Attorney. Every Attorney must pay an annual subscription before the EPO. It is common practice, the Patent Representative in a certain country (especially for countries from which European patents do not often file – for example Bulgaria) to work with the applicant as his European patent consultant. The functions of the Patent Representative involve professional assistance for the correct formulation of application along with its patent claims and description. He must monitor the deadlines of the procedure as the EPO has no practice of reminding about their expiration.
OUR EXPERIENCE
We, from the engineering patent law firm BV&Ko, are ready to take over the preparation of each European patent application, including the drafting of claims and description, and preparation of the translations. Todor Komilev, who is one of the founders of BV&Ko, has many years of experience as an examiner on the European Patent Convention. One of his main duties as a former employee of the Patent Office was to process incoming European patent applications and to advise applicants seeking a European patent. Todor Komilev is not an official European Patent Representative, but with his experience as an industrial property representative in the field of patents, he can be your European patent consultant during the entire procedure before the European Patent Office. Through our international partnership network, the BV&Ko team can assist you in validating the European patent in member-states of the European Patent Convention of interest.
