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Petition For Review Under The European Patent Convention
Under the European Patent Convention (EPC), a petition for review is a request to the Enlarged Board of Appeal of the European Patent Office (EPO) to review a decision of a board of appeal. The procedure was introduced in when the EPC was revised in 2000, to form the so-called "EPC 2000".Julian Cockbain, ''Petitions for review of European Patent Office (EPO) Appeal Board decisions by the EPO Enlarged Board of Appeal'', Journal of Intellectual Property Law & Practice (2009) 4 (12): 876-892. . A petition for review can essentially only be based on a fundamental procedural defect. Its purpose is not to obtain a reconsideration of the application of substantive law, such as points relating to patentability Within the context of a national or multilateral body of law, an invention is patentable if it meets the relevant legal conditions to be granted a patent. By extension, patentability also refers to the substantive conditions that must be met for .... The petition is a restricted f ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
European Patent Convention
The European Patent Convention (EPC), also known as the Convention on the Grant of European Patents of 5 October 1973, is a multilateral treaty instituting the European Patent Organisation and providing an autonomous legal system according to which European patents are granted. The term ''European patent'' is used to refer to patents granted under the European Patent Convention. However, a European patent is not a unitary right, but a group of essentially independent nationally enforceable, nationally revocable patents, subject to central revocation or narrowing as a group pursuant to two types of unified, post-grant procedures: a time-limited opposition procedure, which can be initiated by any person except the patent proprietor, and limitation and revocation procedures, which can be initiated by the patent proprietor only. The EPC provides a legal framework for the granting of European patents, via a single, harmonised procedure before the European Patent Office (EPO). A si ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
European Patent Office
The European Patent Office (EPO) is one of the two organs of the European Patent Organisation (EPOrg), the other being the Administrative Council. The EPO acts as executive body for the organisationGower's Report on Intellectual Property , para 1.34 while the Administrative Council acts as its supervisory body as well as, to a limited extent, its legislative body. The actual legislative power to revise the European Patent Convention lies with the Contracting States themselves when meeting at a Conference of the Contracting States. Within the European Patent Office, [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Appeal Procedure Before The European Patent Office
The European Patent Convention (EPC), the multilateral treaty instituting the legal system according to which European patents are granted, contains provisions allowing a party to appeal a decision issued by a first instance department of the European Patent Office (EPO). For instance, a decision of an Examining Division refusing to grant a European patent application may be appealed by the applicant. The appeal procedure before the European Patent Office is under the responsibility of its Boards of Appeal, which are institutionally independent within the EPO. Overview Decisions of the first instance departments of the European Patent Office (EPO) can be appealed, i.e. challenged, before the Boards of Appeal of the EPO, in a judicial procedure (proper to an administrative court), as opposed to an administrative procedure. These boards act as the final instances in the granting and opposition procedures before the EPO. The Boards of Appeal have been recognised as courts, or t ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
EPC 2000
The EPC 2000 or European Patent Convention 2000 is the version of the European Patent Convention (EPC) as revised by the Act Revising the Convention on the Grant of European Patents signed in Munich on November 29, 2000. On June 28, 2001, the Administrative Council of the European Patent Organisation adopted the final new text of the EPC 2000. The EPC 2000 entered into force on December 13, 2007.European Patent Office (EPO) web site''Frequently asked questions about the revised European Patent Convention (EPC 2000)'', item 2. Consulted on October 31, 2007. The EPC 2000 does not introduce any major changes in substantive patent law,EPO''EPC 2000 and its impact for patent searchers'' ''Patent Information News'', Issue 1, 2007, page 1. except changes concerning novelty (patent), novelty, industrial applicability and priority rights. The EPC 2000 is however a comprehensive revision introducing "a considerable number of smaller amendments". Background A diplomatic conference was he ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Journal Of Intellectual Property Law & Practice
The ''Journal of Intellectual Property Law & Practice'' is a monthly peer-reviewed law journal covering intellectual property law and practice, published by Oxford University Press. Contributions range from concise "Current Intelligence" articles, "Practice Points" focusing upon how to optimise a particular aspect of IP practice, as well as lengthier articles and book reviews. The journal is supplemented by a blog.Journal of Intellectual Property Law & Practice web site''About this Journal'' Accessed February 27, 2007. The journal was established in November 2005. The founding editor-in-chief was Jeremy Phillips (Queen Mary Intellectual Property Research Institute). The current editors are Eleonora Rosati (Stockholm University and Bird & Bird) and Stefano Barazza (Swansea University Swansea University ( cy, Prifysgol Abertawe) is a public university, public research university located in Swansea, Wales, United Kingdom. It was chartered as University College of Swansea in 1920, ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Patentability
Within the context of a national or multilateral body of law, an invention is patentable if it meets the relevant legal conditions to be granted a patent. By extension, patentability also refers to the substantive conditions that must be met for a patent to be held valid. Requirements The patent laws usually require that, for an invention to be patentable, it must be: * Patentable subject matter, i.e., a kind of subject-matter eligible for patent protection * Novel (i.e. at least some aspect of it must be new) * Non-obvious (in United States patent law) or involve an inventive step (in European patent law) * Useful (in U.S. patent law) or be susceptible of industrial application (in European patent law) Usually the term "''patentability''" only refers to "substantive" conditions, and does not refer to formal conditions such as the " sufficiency of disclosure", the "unity of invention" or the " best mode requirement". Judging patentability is one aspect of the official ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
