The European Patent Office · 2013-12-06 · 2 Our mission As the patent office for Europe , we...
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1 15-11-2013 The European Patent Office An introduction to the EPO and the European patent system Marcus Rabe, Liaison Officer, European Patent Academy December 2013 Contents About the European Patent Office The role of the European Patent Office Statistics
Transcript of The European Patent Office · 2013-12-06 · 2 Our mission As the patent office for Europe , we...
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15-11-2013
The European Patent OfficeAn introduction to the EPO and the European patent system
Marcus Rabe, Liaison Officer, European Patent Academy December 2013
Contents
About the European Patent Office
The role of the European Patent Office
Statistics
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Our 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.
40 years of the European Patent Convention
1973 Diplomatic Conference in Munich
5 October Signature of the European Patent Convention (EPC)
1973 by 16 countries
1977 Entry into force of the EPC in 7 countries
Foundation of the European Patent Organisation
Foundation of the European Patent Office
2013 Celebration of 40 years of the EPC
More on www.epo.org
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Seven founding states in 1977
Belgium • Germany • France • Luxembourg • Netherlands • Switzerland • United Kingdom
... 17 member states in 1992 ...
Belgium • Germany • France • Luxembourg • Netherlands • Switzerland • United Kingdom •Sweden • Italy • Austria • Liechtenstein • Greece • Spain • Denmark • Monaco • Portugal •Ireland
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... 25 member states in 2002 ...
Belgium • Germany • France • Luxembourg • Netherlands • Switzerland • United Kingdom •Sweden • Italy • Austria • Liechtenstein • Greece • Spain • Denmark • Monaco • Portugal •Ireland • Finland • Cyprus •Turkey • Bulgaria • Czech Republic •Estonia • Slovakia • Slovenia
... 32 member states in 2007 ...
Belgium • Germany • France • Luxembourg • Netherlands • Switzerland • United Kingdom •Sweden • Italy • Austria • Liechtenstein • Greece • Spain • Denmark • Monaco • Portugal •Ireland • Finland • Cyprus •Turkey • Bulgaria • Czech Republic •Estonia • Slovakia • Slovenia •Hungary • Romania • Poland •Iceland • Lithuania • Latvia • Malta
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Today, 38 member states and 2 extension states
Belgium • Germany • France • Luxembourg • Netherlands • Switzerland • United Kingdom •Sweden • Italy • Austria • Liechtenstein • Greece • Spain • Denmark • Monaco • Portugal •Ireland • Finland • Cyprus •Turkey • Bulgaria • Czech Republic •Estonia • Slovakia • Slovenia •Hungary • Romania • Poland •Iceland • Lithuania • Latvia • Malta • Croatia • Norway • FormerYugoslav Rep. Macedonia •San Marino • Albania • Serbia
European patent applications and patents can also be extended at the applicant's request to Bosnia-Herzegovina and Montenegro.
Our status
Second-largest intergovernmental
institution in Europe
Not an EU institution
Self-financing, i.e. revenue from fees
covers operating and capital expenditure
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Structure of the European Patent Organisation
European Patent Organisation
Administrative Council European Patent Office
The executive body
is responsible for searching,
examining and publishing
patent applications
is responsible for holding
opposition proceedings
is responsible for appeal
proceedings before the
boards of appeal
The legislative body
is made up of delegates
from the member states
supervises the activities
of the Office
appoints the President
votes on the Office's
budget
Structure of the European Patent Office
Directorates-General
Operations
DG 1
Guillaume Minnoye
Operational
SupportDG 2
Alberto Casado Cerviño
Appeals
DG 3
Wim van der Eijk
Administration
DG 4
Željko Topić
Legal/International Affairs
DG 5
Raimund Lutz
President
Benoît Battistelli
Presidential area
DG 0
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Our five locations in Europe
Headquarters
Liaison officewith the EU
Our staff
Munich 3 703
Total
Source: EPO data 2012
2 617
277
107
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Around 60% are patent examiners
Munich
The Hague
Berlin
Vienna
Brussels
6 710
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A multicultural working environment
Over 30 different nationalities
Three languages for working in
and for communicating with
applicants:
– English
– French
– German
Contents
About the European Patent Office
The role of the European Patent Office
Statistics
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Three ways to start the European procedure
Applicant files a direct European application= 1st filing
Applicant files anational application
Applicant files aPCT application
Applicant files a European application= 2nd filing1
Application enters European phase
European
search and
examination
procedure
European route
National route
International route
1 By claiming priority of an earlier application filed with a national office within 12 months.
European route
National route
International route
The role of the EPO in the European grant procedure
We provide patent protection
– in up to 40 European countries
– based on a single application
– in one of the three official languages
(English, French, German)
We are also responsible for
– limitation and revocation proceedings by
patentees
– opposition proceedings by third parties
– appeal proceedings before the boards
of appeal
The EPO makes all patent documents available
to the public
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The EPO also processes international (PCT) applications
We act as a receiving office for
international applications (PCT)
We carry out approximately:
– 40% of all international search
procedures
– 48% of all international preliminary
examinations
The EPO delivers the international
search report within 3 months*
* From the date of receipt of the application by the International Searching Authority.
Europeanpatentapplication
Filing andformalitiesexamination
Search report with preliminaryopinion onpatentability
Grant ofEuropeanpatent
Refusal or withdrawal of application
Substantiveexamination
The European patent with unitary effect
Unitary patent
for the territories of the25 participating states
At the request
of the patent proprietor
Limitation/revocation/oppositionproceedings
Appealproceedings
Same grant procedure as for classic European patent
The unitary patent replaces the individual effects of the European patent
in the 25 participating states
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The Unified Patent Court
COURT OF APPEAL
with seat in Luxembourg
Court of First Instance
Central Division
Seat in
Paris
Office of President
Sectionin
Munich
Sectionin
London
Local Divisions
LD
LDLD
LD
LD
set up in individual member states
LD
Regional Divisionsset up by groups of member states
RD
RD
RD
RD
Court of Justiceof the
European Union
Requestsfor
preliminary rulings
Revocation actions Infringement actions
Appeals
LD
LD
Court of Appeal
with seat in Luxembourg
Contents
About the European Patent Office
The role of the European Patent Office
Statistics
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Total European patent filings1
257 744244 934
235 730
211 356225 977
2008 2009 2010 2011 2012
1 Direct European filings under the EPC and international filings under the PCT.
+5.2%
Origin of European patent filings (2012)1
1 Direct European filings under the EPC and international filings under the PCT.
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Technical fields1 with the most applications (2012)2
1 Classified according to the IPC and technology concordance table compiled by the Fraunhofer ISI for WIPO.2 Based on European patent applications filed with the EPO.
Top applicants seeking patent protection from the EPO in 20121
1 Based on European patent applications filed with the EPO.
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Granted patents (2012)1
1 Analysis based on granted patents in 2012. Patents have been allocated to the country of residence of the first-named patentee.
Thank you very much for your attention!
www.epo.org
