Patent Cooperation Treaty and European Patent Convention

2020 ◽  
Author(s):  
Sankalp Jain
Keyword(s):  
European Patent ◽  
Patent Cooperation Treaty ◽  
European Patent Convention

5. The Procedure for Obtaining a European Patent

2019 ◽  
pp. 120-138
Author(s):  
Justine Pila ◽  
Paul L.C. Torremans
Keyword(s):  
Patent Application ◽  
European Patent Office ◽  
European Patent ◽  
Patent Office ◽  
Patent Cooperation Treaty ◽  
Patent Quality ◽  
European Patent Convention ◽  
International Patent

This chapter considers the procedure for obtaining a European patent directly from the European Patent Office (EPO) and indirectly from a competent patent office of a European Patent Convention (EPC) Contracting State or by international patent application under the Patent Cooperation Treaty 1970. It also considers the result of each procedure, and the focus within the European patent community on reducing the burden on patent applicants and improving patent quality with a view to minimizing the risk of a patent's revocation post-grant.

7. Secondary Patentability Requirements

2019 ◽  
pp. 162-177
Author(s):  
Justine Pila ◽  
Paul L.C. Torremans
Keyword(s):  
Subject Matter ◽  
Industrial Application ◽  
European Patent ◽  
Inventive Step ◽  
European Patent Convention ◽  
Biotechnological Inventions ◽  
The Eu

This chapter considers the secondary patentability requirements of the European Patent Convention (EPC). It assumes the existence of a subject matter for which a European patent may validly be granted, and focuses on the legal tests for determining its novelty, inventive step, and susceptibility of industrial application in accordance with Articles 54 to 57 EPC and the corresponding provisions of the EU Biotech Directive for biotechnological inventions.

16. Procedure for grant of a patent

2018 ◽  
Author(s):  
L. Bently ◽  
B. Sherman ◽  
D. Gangjee ◽  
P. Johnson
Keyword(s):  
Patent Application ◽  
European Patent Office ◽  
European Patent ◽  
Patent Office ◽  
Patent Cooperation Treaty ◽  
Key Features ◽  
The Uk

This chapter explains the processes involved in granting patents as well as the factors that applicants must take into account when deciding whether to patent an invention in the UK. The role of patent agents and the choice of route to take to secure grant of the patent are considered. The chapter then documents the procedures in the application for a patent, paying particular attention to some of the key features of the UK and European Patent Office patent application processes together with the Patent Cooperation Treaty. It also describes situations in which applicants and patentees are able to amend their applications and the restrictions under which such amendments operate. Finally, it looks at a number of proposals to reform the patent procedure.

Patents for plants and genes under the European Patent Convention

1992 ◽  
Vol 99 (3-4) ◽  
pp. 141-152
Author(s):  
Noel Byrne
Keyword(s):  
Western Europe ◽  
Patent Application ◽  
Plant Biotechnology ◽  
European Patent ◽  
European Patent Convention ◽  
National Patent ◽  
The Cost ◽  
Biotechnological Invention ◽  
Written Description ◽  
Skilled Person

SynopsisThe cost of patenting an invention should be incurred only where the patent is likely to give the inventor an economic or a tactical advantage. Where it is practicable, secrecy may be preferable to patenting. If an advantage from patenting can be envisaged, then in Western Europe the inventor can apply either for a European patent under the European Patent Convention or for a national patent. The inventor in plant biotechnology faces a ban on patenting certain inventions, including plant varieties and essentially biological processes for the production of plants. But since this ban is interpreted strictly, there are opportunities for patenting what at first glance might seem not patentable. A patent application must give a written description of the invention that is complete enough for a skilled person to reproduce it. The inventor may be required to supplement the description in a patent specification for a biotechnological invention, by depositing a sample of relevant biological materials. A European patent is treated as a national patent in the country for which it was granted. Since a patent may be invalidated in enforcement proceedings, patenting may turn out to have been a costly mistake.

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