Search results
Results From The WOW.Com Content Network
There is no general obligation for a party to be represented by a professional representative to act in proceedings before the EPO. However, a person not having either their residence or place of business within the territory of one of the EPC Contracting States (a "non-European party") "must be represented by a professional representative and act through him in all proceedings", except for ...
The purpose of the EPO opposition proceedings is to give members of the public, such as competitors of the patent proprietor, the opportunity to challenge centrally before the EPO the validity of a granted European patent. [8] [notes 1] No commercial or any other interest whatsoever need be shown. [3]
The examination of whether the requirements for the accordance of a filing date [23] and other formal requirements are satisfied is carried out by the EPO in accordance with Article 90 EPC. If a date of filing cannot be accorded, the application is not dealt with as a European patent application. [24]
Until a decision of the Enlarged Board of Appeal of the EPO of 1994, namely G 9/93 (reverting earlier decision of the same instance of 1985, namely G 1/84), it was possible for the proprietor of a European patent to oppose its own patent with the aim of centrally limiting it.
The EPO exists by virtue of the European Patent Convention (EPC), and is not legally bound to the European Union. To legally represent clients (generally patent applicants, proprietors and opponents ) before the EPO, a patent attorney must first be registered to act in that capacity as a professional representative.
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.
All European patent attorneys, i.e. all persons entitled to act as professional representatives before the EPO (by virtue of either the European qualifying examination or the provisions of Article 163(7) EPC 1973), are members of the institute. [2] As of 2023, the institute has about 13,800 members across 39 member states. [3]
A characteristic of European patent law as it stands today is that European patents granted by the European Patent Office (EPO), and patents granted by national patent offices are available, [3] and may possibly –if permitted by national law and, if so, to the extent permitted by national law [4] – co-exist within a given jurisdiction.