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Grant Procedure Before The European Patent Office
The grant procedure before the European Patent Office (EPO) is an '' ex parte'', administrative procedure, which includes the filing of a European patent application, the examination of formalities, the establishment of a search report, the publication of the application, its substantive examination, and the grant of a patent, or the refusal of the application, in accordance with the legal provisions of the European Patent Convention (EPC). The grant procedure is carried out by the EPO under the supervision of the Administrative Council of the European Patent Organisation. The patents granted in accordance with the EPC are called European patents. In other words, the grant procedure before the EPO is the procedure leading to the grant of a European patent or to the refusal to grant a European patent. The procedure starts with the filing of an application and ends with the grant of a European patent or the refusal of the patent application by the EPO, or the withdrawal of the appl ...
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EPO Patents 1998-2007
EPO or epo may refer to: Organisations * EPO (publisher), Belgium * European Patent Office * Evansville Philharmonic Orchestra, US Science and technology * Education and public outreach * Electrolytic plasma oxidation, a metal surface treatment process * Emergency power off * Erythropoietin, a red blood cell production hormone & performance-enhancing drug * Evening primrose oil * Eosinophil peroxidase, an enzyme Other uses * Emergency Powers Order, per the Irish Emergency Powers Act 1939 * Emergency protection order, under the UK's Children Act 1989 * Epo (musician), Indonesian hip hop musician * EPO (Japanese musician), the stage name of Eiko Sato * Esperanto Esperanto (, ) is the world's most widely spoken Constructed language, constructed international auxiliary language. Created by L. L. Zamenhof in 1887 to be 'the International Language' (), it is intended to be a universal second language for ... (ISO 639-2 code), a constructed language * European Payment ...
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Official Journal Of The European Patent Office
The ''Official Journal of the European Patent Office'' (''OJ EPO'') is a monthly trilingual publication of the European Patent Office (EPO). It contains "notices and information of a general character issued by the President of the European Patent Office, as well as any other information relevant to he English and French language">French, the three official languages of the EPO. The three texts coexist in the same issue of the journal. The journal is published on the last day of the month. History The first issue of the ''Official Journal of the EPO'' was published in December 1977, two months after the European Patent Convention entered into force on October 7, 1977. The first issue starts with a foreword by Johannes Bob van Benthem, the first President of the EPO. Until 2014, the ''Official Journal'' was published both on paper and online. On January 1, 2014, the paper edition was discontinued; only the online edition remains (free of charge). In addition, as from 2014, the art ...
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Patentable Subject-matter
Patentable, statutory or patent-eligible subject matter is subject matter of an invention that is considered appropriate for patent protection in a given jurisdiction. The laws and practices of many countries stipulate that certain types of inventions should be denied patent protection. Together with criteria such as novelty, inventive step or nonobviousness, utility (or industrial applicability), which differ from country to country, the question of whether a particular subject matter is patentable is one of the substantive requirements for patentability. The problem of patentable subject matter arises usually in cases of biological and software inventions, and much less frequently in other areas of technology. Legislation The subject-matter which is regarded as patentable as a matter of policy, and correspondingly the subject-matter which is excluded from patentability as a matter of policy, depends on the national legislation or international treaty. Canada According ...
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Office Action
In the United States, an Office action is a document written by an examiner in a patent or trademark examination procedure and mailed to an applicant for a patent or trademark. The expression is used in many jurisdictions. Formally, the "O" is supposed to be capitalized, since it refers to the U.S. Patent and Trademark Office. United States Trademark law In United States trademark law, an Office action is issued by an examiner for the United States Patent and Trademark Office (USPTO), rejecting an application to register a trademark. An Office action typically includes one or both of two elements. The first possible element is the category of "informalities", matters such as an inadequate sample to show use of the mark, providing insufficient information with respect to the nature of the entity seeking the mark (for example, failing to name the partners in a partnership), or providing insufficient information for the examiner to determine what, exactly, the goods and servic ...
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European Patent Bulletin
The European Patent Bulletin is a weekly trilingual publication of the European Patent Office (EPO), generally issued every Wednesday. It contains "entries made in the Register of European Patents, as well as other particulars, the publication of which is prescribed by European_Patent_Convention.html" ;"title="he European Patent Convention">he European Patent Convention (EPC)or its implementation". The European Patent Bulletin is published in German language, German, English language, English and French language, French, the three official languages of the EPO. The three texts coexist in the same issue of the bulletin. The European Patent Bulletin has been published online since January 2004. Legal effect of mentions in the European Patent Bulletin In the European patent grant procedure, the mention of the publication of the European search report in the European Patent Bulletin marks the start of the six-month period for filing the request for examination, paying the examinati ...
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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 (also called "statutory patentable subject-matter") * 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 and under the Patent Cooperation Treaty) * Useful (in U.S. patent law) or be susceptible of industrial application (in European patent law) Usually the term "''patentability''" only refers to the four aforementioned "substantive" conditions, and does not refer to formal conditions such as the " sufficiency of disclo ...
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Prior Art
Prior art (also known as state of the art or background art) is a concept in patent law used to determine the patentability of an invention, in particular whether an invention meets the novelty and the inventive step or non-obviousness criteria for patentability. In most systems of patent law, prior art is generally defined as anything that is made available, or disclosed, to the public that might be relevant to a patent's claim before the effective filing date of a patent application for an invention. However, notable differences exist in how prior art is specifically defined under different national, regional, and international patent systems. The prior art is evaluated by patent offices as part of the patent granting process in what is called "substantive examination" of a patent application in order to determine whether an invention claimed in the patent application meets the novelty and inventive step or non-obviousness criteria for patentability. It may also be considered ...
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Public Interest
In social science and economics, public interest is "the welfare or well-being of the general public" and society. While it has earlier philosophical roots and is considered to be at the core of democratic theories of government, often paired with two other concepts, convenience and necessity, it first became explicitly integrated into governance instruments in the early part of the 20th century. The public interest was rapidly adopted and popularised by human rights lawyers in the 1960s and has since been incorporated into other fields such as journalism and technology. Overview Economist Lok Sang Ho, in his ''Public Policy and the Public Interest'', argues that the public interest must be assessed impartially and, therefore, defines the public interest as the "'' ex ante'' welfare of the representative individual". Under a thought experiment, by assuming that there is an equal chance for one to be anyone in society and, thus, could benefit or suffer from a change, the pub ...
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Patent Law Treaty
The Patent Law Treaty (PLT) is a treaty adopted by the World Intellectual Property Organization signed on 1 June 2000 in Geneva, Switzerland, by 53 States and the European Patent Organisation (an intergovernmental organization). It entered into force on April 28, 2005. It aims at harmonizing and streamlining formal procedures such as the requirements to obtain a filing date for a patent application, the form and content of a patent application, and representation. The treaty "does not establish a uniform procedure for all parties to the PLT but leaves parties free to require fewer or more user-friendly requirements than those provided in the PLT." As of February 2023, the PLT had 43 contracting states. History France Prior to the entry into force of the treaty in France, a bill was submitted on 14 January 2009 at the French Senate proposing the ratification of the PLT by France. In March 2009, a report from French Senator Rachel Mazuir recommended the ratification of the P ...
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Claim (patent)
In a patent or patent application, the claims define in technical terms the extent, i.e. the scope, of the protection conferred by a patent, or the protection sought in a patent application. The claims particularly point out the subject matter which the inventor(s) regard as their invention. In other words, the purpose of the claims is to define which subject matter is protected by the patent (or sought to be protected by the patent application). This is termed as the "notice function" of a patent claim—to warn others of what they must not do if they are to avoid patent infringement, infringement liability. The claims are of paramount importance in both patent prosecution, prosecution and lawsuit, litigation. For instance, a claim could read: * "An apparatus for catching mice, said apparatus comprising a base, a spring member coupled to the base, and ..." * "A chemical composition for cleaning windows, said composition substantially consisting of 10–15% ammonia, ..." * "Method ...
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Austria
Austria, formally the Republic of Austria, is a landlocked country in Central Europe, lying in the Eastern Alps. It is a federation of nine Federal states of Austria, states, of which the capital Vienna is the List of largest cities in Austria, most populous city and state. Austria is bordered by Germany to the northwest, the Czech Republic to the north, Slovakia to the northeast, Hungary to the east, Slovenia and Italy to the south, and Switzerland and Liechtenstein to the west. The country occupies an area of and has Austrians, a population of around 9 million. The area of today's Austria has been inhabited since at least the Paleolithic, Paleolithic period. Around 400 BC, it was inhabited by the Celts and then annexed by the Roman Empire, Romans in the late 1st century BC. Christianization in the region began in the 4th and 5th centuries, during the late Western Roman Empire, Roman period, followed by the arrival of numerous Germanic tribes during the Migration Period. A ...
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Vienna
Vienna ( ; ; ) is the capital city, capital, List of largest cities in Austria, most populous city, and one of Federal states of Austria, nine federal states of Austria. It is Austria's primate city, with just over two million inhabitants. Its larger metropolitan area has a population of nearly 2.9 million, representing nearly one-third of the country's population. Vienna is the Culture of Austria, cultural, Economy of Austria, economic, and Politics of Austria, political center of the country, the List of cities in the European Union by population within city limits, fifth-largest city by population in the European Union, and the most-populous of the List of cities and towns on the river Danube, cities on the river Danube. The city lies on the eastern edge of the Vienna Woods (''Wienerwald''), the northeasternmost foothills of the Alps, that separate Vienna from the more western parts of Austria, at the transition to the Pannonian Basin. It sits on the Danube, and is ...
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