Category: EPC
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EPC1973 Guidelines, especially for prior rights Unfortunately, the latest version of the EPC2000 guidelines does not contain all relevant infromation about the old law. Although the law as of 31 Dec 2009 will be tested in EQE2010, this does include any older provisions which continue to apply for applications which could be pending on that…
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Ancillary Regulations Unfortunately, according to the EPO, this book will not be updated before EQE 2010. In my earlier post, there was a slight mistake – although you may want to consult the old book online, you will need to print it out (or order it) and update it your self to take to the…
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So building on the REE list, we get the following EQE library: Legal texts in force on 31 Dec 2009 (probably in your reference books, but check they have all the protocols etc). This also includes provisions (and their transitional provisions) which have changed (such as on 1 April 2009), which may apply to EP…
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Recently, the EPO published a decision of the Examination Board here. Under the new REE, the Examination Board were given the power to decide books and reference materials that candidates are allowed to use in the exam. They have basically decided not to restrict it, but this doesn’t make life easier. Candidates have to decide…
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An interesting question: I have a question about A153 / R159(1) that mainly concerns fees, and calculation of the renewal fee. If I enter a PCT application into EP before expiry of 31 months e.g. at 25 months, I imagine the fees (e.g. filing fee R159(1)(c), designation fee R159(1)(d), search fee R159(1)(e), examination fee R159(1)(f),…
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One of the things that has changed in the new National Law table is in table VII with respect to conversion. A couple of the exceptions (always nice for EQE questions) are now gone. Prior to July 2008, there was an exception in Switzerland and Liechtenstein where a withdrawal or rejection on the basis of…
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I recently received the following question: I just answered question G3-10(d) [Basic Questions book] relating to failure to file a translation under R 40(3). According to Visser, a missing translation under Art 90(3), R 57 (a), R 40(3) and failure to provide this within the two month time limit under R.58 will lead to the…
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It has been a while since I looked at the EPO’s html version of the EPC. Today I noticed a couple of features which are useful for daily practice: A hyperlinked EPC2000 => EPC1973 cross-reference table. For example, for the Rules For each article and rule, an overview of recent changes to that provision, and hyperlinks to the…
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28 April 2010: Sorry, these documents are no longer available on our website. E-mail us if you need them. —- Being human, we sometimes miss updating answers based upon changes in the law. If we detect any errors, we put them on our website, here If anybody finds any other errors, let us know,and we…
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In principle, upon publication – Art.67 EPC and Art.69(2) – of a European application (assuming you comply with the national requirements – National Law Table III), you are granted provisional rights. Theoretically, you can then go to a judge and invoke the right against an infringer. However, the scope of your provisional protection can change…