Category: EPC


  • In April last year, the Rules relating to Fees (RFees) Art.2 was updated – it now has a (1) paragraph for current fees and a (2) paragraph for fees that apply to applications filed before 1 April 2009. The latest version is here: http://www.epo.org/patents/law/legal-texts/html/epc/2010/e/articl2.html#2 or here: http://archive.epo.org/epo/pubs/oj009/12_09/12_5879.pdf Although I do not expect the examination committee…

  • Updates are available for the reference books. 18th Edition Visser: An update is available here: http://www.htelpublisher.com/update/ Note that the text for R.36(1) in this update is incorrect. It should be: (a) the divisional application is filed before the expiry of a time limit of twenty-four months from the Examining Division’s first communication under Article 94, paragraph 3,…

  • A very welcome additiion to the reference materials is an index for the Guidelines, now provided on the EQE Forum: http://www.eqe-online.org/forum/showthread.php?t=8094 It is currently only part A, but you can subscribe to receive the rest at the beginning of the year

  • The 2010 version of the Ancillary Regulations is now available here This book replaces the Special Edition 3 from 2007 and the old EPC1973Ancillary Regulations book. The only thing that you need from the old EPC1973 book are the Legal Advices

  • The EPO has a decision on its website amending R.36 to included the references to R.71(1) & R.71(3) ans the only communications from the Examining Division that trigger the 24m time limit for voluntary divisionals. No change in meaning has occurred – they have simply added to the Rule what the interpretation already was.

  • The short answer is: yes. The syllabus states that you need to know the law as of 31/12/2010 and EQE 2011 will certainly have a number of questions on divisionals. Your answer to a simple question like: “you anticipate a refusal in oral proceedings next week – what is the last possible moment to file…

  • Always important on the EQE are the EPC member states. For any filings on or after 1 Oct 2010, Serbia will be designated. For filings < 1 Oct 2010, Serbia can only be approached via the extension system from an EP filing. More details here

  • The EPO is now running into some practical problems with the new rules. It can happen that you get a communication stamped “Examining Division” on EP entry. However, this is not the “first communication fro the Examining Division: for filing divisionals. You may also be asked to respond to the first office action even if…

  • Two new courses – these are not EQE courses, but beginners courses, found here. For these courses, I tried to include a lot of the things that I wish I has learned when I started out.They will be offer back-to-back in the same week as the first is the ideal preparation for the second. The…

  • Another new course, for practicing patent attorneys and IP lawyers who want to go beyond the “EQE-level” of knowledge to get more confidence when dealing with these cases. Although in-depth legal knowledge of novelty and inventive step, practicals aspects are also dealt with such as auxiliary requests, oral proceedings, anticipating the next procedural stage.A lot…