The European Patent Office and the patent granting procedure

1. The European Patent Office and the patent granting procedure Heli Pihlajamaa European Patent Office Directorate Patent Law (5.2.1) 10.12.2009

2. European Patent Office - Mission As the patent office for Europe, we support innovation, competitiveness and economic growth across Europe through a commitment to high quality and efficient services delivered under the European Patent Convention. The European Patent Office

3. The European Patent Convention • Establishes the European Patent Organisation • Provides a system of law for the granting of European patents via a centralised procedure - one language, one procedure • European patents have the effect and are subject to the same conditions as a national patent • Validation after the grant of the European patent - postponing and avoiding costs for translation • Centralized opposition, limitation and revocation procedure The European Patent Office

4. European Patent Organisation Administrative Council European Patent Office • The executive body • responsible for examining European patent applications • On the basis of bilateral agreements acting as RO, ISA and IPEA under the Patent Co-operation Treaty (PCT) • The legislative body • made up of delegates from themember states • supervises the activities of the Office • has a specific legislative function Structure of the European Patent Organisation The European Patent Office

5. 36 member states Austria • Belgium • Bulgaria • Croatia • Cyprus • Czech Republic • Denmark • Estonia • Finland • France • Germany •Greece • Hungary • Iceland • Ireland • Italy • Latvia • Liechtenstein • Lithuania •Luxembourg • Former Yugoslav Republic of Macedonia • Malta • Monaco • Netherlands • Norway • Poland • Portugal • Romania • San Marino •Slovakia • Slovenia • Spain • Sweden • Switzerland • Turkey • United Kingdom European patent applications and patents can also be extended at the applicant's request to the following states: Albania • Bosnia-Herzegovina • Serbia Status: July 2009 The European Patent Office

6. Locations Munich headquarters Brussels Relations with the European institutions and other organisations/ associations Munich Patent grant procedure Appeals Quality management Administration Legal services International affairs The Hague Patent grant procedure Information management Administration Legal services Vienna Patent information Administration European affairs Berlin Patent grant procedure Administration The European Patent Office

7. Number of staff Munich 3 629 The Haag 2 659 Berlin 276 Vienna 117 Brussels 4 Total 6 685 Around 60 % are patent examiners. Stand: December 2008 The European Patent Office

8. The European patentAdvantagesPatentability criteriaGrant procedureKey figuresCost The European patent

9. What advantages does a European patent have? Unitary protection standards in the contracting states • One application, one language, one procedure • “A la carte” market by possibility of excluding countries from designation Cost effective Cost effective when protection is sought in at least four contracting states Strong • Thorough search – 169 million documents • Substantive examination = sound legal protection The European patent

10. What is patentable? • To be patentable, an invention must: • have a technical character (e.g. comprise a product, process or apparatus) • be new • involve an inventive step • be industrially applicable • Some innovations are not patentable under the EPC: • for example, mathematical methods or formulae, computer programs and business methods as such are not regarded as inventions • new plant or animal varieties and inventions whose commercial exploitation would be contrary to "ordre public" or morality (e.g. the cloning of human life) are examples of inventions excluded from patentability The European Patent

11. The grant procedure at a glance European patent application Refusal of the application Validation in the designated states Applicant Limitation or revocation proceedings Filing and formalities examination Substantive examination Grant of a European patent Appeal proceedings Search and search report together with a preliminary opinion on patentability European Patent Office Opposition proceedings Publication of the application and search report Publication of the patent specification Public domain Observations by third parties possible The European Patent

12. EPO Fees Filing phase EUR 1230 Online applications EUR 1150 Examination phase EUR 2 305 Grant phase EUR 1 290 Total procedural fees EUR 4 825 Online applications EUR 4 745 The European Patent

13. Fees and some reductions • Filing fee (€180 or online filing €100) including additional fee (€12 for the 36th and each subsequent page) • Search fee (€1050) (Reduction of the search fee in certain cases, for example when the earlier application was searched by the EPO as a national application) • Where appropriate, claims fees (€200 for the sixteenth and each subsequent claim and €500 for the 51st and each subsequent claim) • Translation - 20% reduction of filing, search and examination fees, when non-official languages of the EPO being official languages of the Contracting States are used (Art. 14 EPC) • Designation fee for one or more contracting states (€500) The European patent

14. Applications filed Direct European filings Euro-PCT applications entering the regional phase

15. Applications by residence of applicant (2008)

16. European patents granted

17. Oppositions in 2008 Oppositions were filed against 5% of granted European patents. Over one third of all opposed patents were revoked. Opposition rejected Patent revoked 28.6% 39.8% 5% Oppositions 31.6% Granted patents Patent maintained in amended form

18. Relating to EP or PCT patent granting procedure:EPO Information Office Munichinfomunich@epo.orgTel +49-89-23994512EPO Customer Servicesinfo@epo.orgTel +49-89-2399INFO (2399 -4636)Thank you for your attention !