EuropeanPatent Office

The European Patent System serving innovation

Paul SchwanderEPO, The Hague

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Roadmap

• History

• Practical issues

• Facts and figures

• Conclusion

3

Patent law:striving for harmonisation

An invention is universal

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Paris Convention 1883

Before: simultaneous filings

After 1883

12 Months

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A bit of history: a European idea

• 1958 Treaty of Rome• 1960 Idea of a European Patent • 1968 Splitted into 2 projects: a European

Convention – the Community Patent• 1973 Convention signed• 1977 European Patent Office

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Example of an international patent procedure when the EPO did not exist

       

                       

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The Patent filed in 1975

SYSTEMS FOR STORING AND TRANSFERRING DATA

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First filing followed by geographic extensions

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The Smart Card Patent procedure

12 monthsPriority

National patents

10

The European Patent System

(National & European) or European Direct

National Patents

Common grant procedure

Priority period

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Grant procedure: Search and Examination

EP822788 Drug Release Coated StentA stent for implantation in a body comprising a tubular metal body (10) having open ends and an open lattice sidewall structure and a layer on the surface of said sidewall structure, said layer comprising a hydrophobic elastomeric material incorporating an amount of biologically active material therein for timed delivery therefrom.

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Prior art search: closest prior art documents

WO9112779

A prosthesis for insertion into a lumen to limit

restenosis of the lumen. The prosthesis carries

restenosis-limiting drugs which elute after the

device is positioned in the lumen.

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Examination

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Granted patent vs. Application

1. A stent for implantation in a body comprising a tubular metal body (10) having open ends and an open lattice sidewall structure and a layer on the surface of said sidewall structure, said layer comprising a hydrophobic elastomeric material incorporating an amount of biologically active material therein for timed delivery therefrom.

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What advantages doesa European patent have?

Unitary protection standards in the contracting states

• One application/one language

• “A la carte” market by designation of countries

Cost-effective

• Costs less than 3 separate national patents

Strong

• Thorough search – 50 million documents

• Substantive examination = sound legal protection

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Average costs: EP Patent 8 countries 10 years

Patent Office 4 300 € 14%

Attorney 6 100 € 20%

Renewal fees 8 900 € 28%

Translation 11 800 € 38%

Total 31 100 €

8.5 € day

100%

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Facts and Figures

•In 2004: 178 000 filings•6 000 staff members – 3 500 examiners•Munich-The Hague-Berlin-Vienna-Brussels•55 million patent documents in its database

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Applicant’s origin

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European Patent Organisation: Member States

The European patent system

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The European PatentOrganisation

European Patent Organisation

European

Patent Office

Administrative

Council

The executive body

The Office's task is to grant European patents.

The legislative body

Important functions:

• to adopt the budget• to approve the President´s actions

in implementing the budget• to amend the Implementing

Regulations and Rules relating to Fees

The Administrative Council consists of delegates from the member states.

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EPO and PCT

• Different: Granted Patent vs. Common file

• Linked: EPO can be an International

Searching Authority and an International

Preliminary Examining Authority

• If you want to delay decisions on geographic

coverage: PCT usually preferred.

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To conclude

• A unexpected success: 5 times more

applications than initially expected

• A continuous harmonisation process

• An application of the subsidiarity

principle

EuropeanPatent Office

Thank you for your attention

www.european-patent-office.org

Paul SchwanderEPO, The Hague11 May 2005