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Renewal fees are payable to the EPO in respect of pending European patent applications in respect of the third year from the date of filing. [1] These fees are paid in advance of the year in which they are due (such that the renewal fee for the third year falls due two years from the date of filing) and fall due on the last day of the month containing the anniversary of the date of filing. [2]
The grant procedure before the European Patent Office (EPO) is an ex parte, administrative procedure, which includes the filing of a European patent application, [1] the examination of formalities, [2] the establishment of a search report, [3] the publication of the application, [4] its substantive examination, [5] and the grant of a patent, [6 ...
The European Patent Office (EPO) [notes 1] is one of the two organs of the European Patent Organisation (EPOrg), the other being the Administrative Council. [4] The EPO acts as executive body for the organisation [ 5 ] [ 6 ] while the Administrative Council acts as its supervisory body [ 5 ] as well as, to a limited extent, its legislative body.
Overall, about 5.5-6% of the European patents granted by the European Patent Office are opposed. [ 45 ] [ 51 ] [ 78 ] Of those, over the course of 1980–2005, about 1/3 were revoked, 1/3 were maintained in an amended form, which generally means "reduced in scope", and 1/3 were maintained as granted, that is, the opposition was rejected.
The Boards of Appeal, the Enlarged Board of Appeal, as well as their registries and support services, form a separate unit within the European Patent Office, the so-called "Boards of Appeal Unit". [13] [14] It is directed by the President of the Boards of Appeal, [13] a position held as of 2018 by former Swedish Judge Carl Josefsson. [14]
Before the European Patent Office (EPO), divisional applications can be filed under Article 76 EPC.A European divisional application is a new application which is separate and independent from the parent application unless specific provisions in the European Patent Convention (EPC) require something different.
The new Articles 105a, 105b and 105c EPC (of the EPC 2000) form the legal basis of the limitation and revocation procedures. These procedures are applicable since 13 December 2007 to all European patents, whether already granted or granted after that date.
Database of professional representatives on the European Patent Office (EPO) web site; Guidelines for Examination in the EPO, section a-viii, 1 : "Representation" Legal Research Service for the Boards of Appeal, European Patent Office, Case Law of the Boards of Appeal of the EPO (9th edition, July 2019), iii. v : "Representation"