USPTO has announced to change the rule related to appealing the patent before the Board of Patent Appeals and Interferences. This proposal will changes many things from the existing rules presently.
To read full article please click here
Showing posts with label Rule change. Show all posts
Showing posts with label Rule change. Show all posts
Tuesday, November 16, 2010
Friday, October 29, 2010
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.
For full detail click here
For full detail click here
Tuesday, August 31, 2010
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.
Full story available here
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.
Full story available here
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