Information disclosure to be implemented by European patent office

I have posted in my wednesday blog about the EPO rule changes regarding the disclosure of prior art details from US applicant wiling to file patent application in europe. On the same line EPO has further announced about the rule change that require all the applicants to submit the information related to prior art from the previous application when they arefiling at EPO. That particular rule is further extended to all the applications and further it requires applicants of particular patent to provide the results of any searches carried out on an application from which an european application claims priority. It also give examiner right to to request that the applicant of particular patent provides total information on prior art taken into consideration in national or regional patent proceedings and concerning an invention to which the European patent application relates. It will be effective from 01 January 2011.
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European Patent Office implements new rules for U.S. applicants

The European Patent Office is planning to implement new rules for US applicants willing to file patent application in Europe. From January 1, 2011, the European Patent Office will require disclosure from applicant, of prior art identified in search results from the patent office of first filing. The new rules will apply to a all the U.S. applicant seeking a European patent based on a U.S. priority application. The purpose of the new rules is simply to improve efficiencies in search and examination of European patents.
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Virtual classroom seminar programme at European patent office

Here I am posting the mail I have received from european patent office training team. It is about their virtual classroom seminar schedule and information.

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Dear User,
The patent information virtual classroom seminar programme for the rest of 2010 has now been published. On top of our proven subjects we have added new and interesting topics such as
- Spotlight on ESPACE Bulletin
- Visualisation with the Patent Information Expert System
- The new Chinese Patent Law: possible impact, practical experiences and open questions
- Classifications: upcoming changes in the IPC

For the full list and registration please refer to http://www.epo.org/patents/updates/2010/20100916.html
Using the virtual classroom medium, we also offer the regular series of Monthly online patent information newsflash sessions on the last Thursday in September, October and November 2010. Participation in all online training events is free of charge.

We would also like to draw your attention to the EPO Patent Information Advanced Seminar (EPIAS) scheduled to take place at the EPO Vienna 8.-11. November 2010.

For an overview of all seminars, both e-learning and classroom training, please go to:

http://www.epo.org/topics/ip-events/patent-event-search.html

Please filter your selection for virtual classrooms by choosing 'online training' under Medium, and for classroom training by choosing 'Austria' under Location, and 'classroom training' under Medium. At the end of each seminar description you will find the registration link.

We look forward to be able to welcome you in one of our seminars.

Best regards,
EPO Patent Information Training Team

Double patenting in UK and EPO

The UK Patents Act provides that where two or more applications for a patent for the same invention having the same priority date are filed by the same applicant, the patent may be refused. An appeals board of the EPO has, in Boehringer Ingelheim Vetmedica GmbH, T 1423/07, held that this does not apply to applications for European patents.

The European Patent Convention does not deal with double patenting and the EPO Examination Guidelines have stated that where there are two or more European applications from the same applicant which have the same filing or priority date and relate to the same invention, the applicant should be told that he must either amend one or more of the applications in such a manner that they no longer claim the same invention, or choose which one of those applications he wishes to proceed to grant.

However, the appeals board held that as the European Patent Convention does not provide a basis for refusing a European application on the ground of double patenting, such an application cannot be refused on this basis. Note however that the EPO, which has been at war with divisional applications (applications which are split off an existing application, say to cover a different invention, or to obtain grant of clearly patentable subject matter while the office argues about the remainder), may not be so generous with double patenting divisionals.

EPO rule chanegs related to prior art disclosure

The European Patent Office (EPO) has recently published further information on Rule changes which come into force on 1 January 2011 and which introduce a limited duty of candour to the EPO.

The new Rules will apply to all European patent applications, including divisional applications, and ‘international’ Euro-PCT applications filed on or after 1 January 2011. Since the filing date of Euro-PCT applications is the PCT filing date, this means that it will only apply to Euro-PCT applications whose parent PCT filing date is on or after 1 January 2011.

1. Requirement to disclose search results on priority applications – Rule 141(1) EPC
The most substantial change is the introduction of a mandatory requirement to disclose search results on priority applications. Where multiple priorities are claimed, search results must be disclosed for each priority application.

2. No need to disclose search results if already "available to the European Patent Office" – Rule 141(2) EPC
This allows the above requirement to be fulfilled where search results are already available to the EPO. Currently this will apply only to priority applications filed with the EPO.

3. Disclosure of other prior art information – Rule 141(3) EPC
The examiner will also (at their discretion) be able to request the applicant to provide "... information on prior art taken into consideration in national or regional patent proceedings and concerning an invention to which the European patent application relates".

4. Failure to provide search results under Rule 141(1)/(2) – Rule 70b EPC
New Rule 70b EPC establishes the procedure where search results have not been provided under (1) and are not deemed to be available to the EPO under (2). A communication will issue setting a non-extendable two month period for reply in which the applicant must file either:
(a) a copy of the search results, or
(b) a statement of non-availability of search results (if they are not available to the applicant).
Failure to comply will result in the application being deemed withdrawn.
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