The document summarizes a presentation given by the European Patent Office (EPO) about the European patent system and the EPO. It discusses the EPO grant procedure, quality initiatives, public patent information services, training programs, unitary patent plans, statistics on patent filings, and contact information. The presentation covered the EPO and European patent basics, examining patent applications and ensuring patent quality, making patents publicly accessible, and future developments like the unitary patent.

1. EPO @ TechHub Bucharest - 11 Sept. 2014
 The European Patent Office and the patent system
 The European (EP) grant procedure and the International (PCT) route
 Patentability and Interacting with a patent examiner: Granting and
Koen Lievens
Andrei Stefan
(September 2014)
refusing of patent applications
 File inspection examples

2. • Introducing the speakers
Koen Lievens
Telecom Director
Concetta Larcinese
Telecom Examiner
Andrei Stefan
Telecom Examiner
Radu Apostolescu
Telecom Examiner
Franck Adkhis
Telecom Examiner
Georgios Orfanos
Telecom Examiner

3. The European Patent Office
An introduction to the EPO and the European patent system
EPO @ Tech hub 11 September 2014

4. • The European Patent Office and the patent system
• The patent system
• Basics
• About us
• Granting and publishing patents
• Quality patents
• Patents for the public
• Training and awareness-raising events
• The unitary patent
• Statistics
• Contact

5. Exceptions to patentability as defined by the EPC1)
 Plant or animal varieties
 Inventions whose commercial exploitation would be contrary to
"ordre public" or morality (e.g. processes for cloning of
human beings)
 Methods for treatment of the human or animal body by surgery
or therapy and diagnostic methods
1) See Article 53 and Rule 28 EPC.

6. • One product = multiple patents and other IP rights
EPO @ Tech hub 11 September
13
2014

7. • The European Patent Office and the patent system
• The patent system
• Basics
• About us
• Granting and publishing patents
• Quality patents
• Patents for the public
• Training and awareness-raising events
• The unitary patent
• Statistics
• Contact

8. • The EPO
• As the patent office for Europe, we deliver the services defined under the
European Patent Convention (EPC). The EPC provides the legal framework
for the granting of European patents via a centralised procedure.
• We provide patent protection in up to 40 European countries based on a
single application in either English, French or German, our three official
languages.
• We are:
– the second largest intergovernmental institution in Europe
– not an EU institution
– self-financing, i.e. revenue from fees covers
operating and capital expenditure
• The EPO has offices at five different locations.
Its headquarters are in Munich.

9. • The European Patent Convention
• 1973 – Diplomatic Conference in Munich ► EPC signed by 16 countries
• 1977 – EPC enters into force in seven countries
• 2011 – 38 member states
Albania • 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 • Serbia • Slovakia • Slovenia • Spain • Sweden • Switzerland • Turkey • United Kingdom

10. European Union
28 members
European Patent Organisation
38 members + 2 extension states

11. • Structure of the European Patent Office
Directorates-General
Operations
DG 1
Guillaume
Minnoye
Administration
DG 4
Željko Topić
Legal/International
Affairs
DG 5
Raimund Lutz
President
Benoît Battistelli
Presidential area
DG 0
Patent Administration
Quality Management
Information Management
Human Resources
General Administration
Central Procurement
European
and
International Co-operation
Patent Law
and
Multilateral Affairs
Legal Services
Search
Substantive Examination
Opposition
Business Services
Operational
Support
DG 2
Alberto Casado
Cerviño
Appeals
DG 3
Wim van der
Eijk
Patent Information
and
European Patent Academy

12. • Our staff
Munich
The Hague
Berlin
Vienna
Brussels
Total
3 746
2 650
272
105
4
6 777
Around 60% are patent examiners
Source: EPO data 2013

13. • The European Patent Office and the patent system
• The patent system
• Basics
• About us
• Granting and publishing patents
• Quality patents
• Patents for the public
• Training and awareness-raising events
• The unitary patent
• Statistics
• Contact

14. • Three ways to start the European procedure
European
search and
examination
procedure
European route
Applicant files a direct European application
= 1st filing
National route
Applicant files a
national application
International route
Applicant files a
PCT application
Applicant files a
European application
= 2nd filing1)
Application enters
European phase
European route
National route
International route
1) By claiming priority of an earlier application filed with a national office within 12
months

15. • 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

16. • 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.

17. • Basic steps in the European grant procedure
Filing Search
Examination Grant Opposition Appeal
Publication
of the
application
and search
report
Publication
of the patent
specification

18. • The European Patent Office and the patent system
• The patent system
• Basics
• About us
• Granting and publishing patents
• Quality patents
• Patents for the public
• Training and awareness-raising events
• The unitary patent
• Statistics
• Contact

19. • Number one patent office for quality
Annual IP benchmarking survey 2012 conducted by IAM and
Thomson Reuters
• Sample:
700 patent attorneys working in private practice or industry
• Private practice:
For 68%, the EPO's quality is "very good" or "excellent"
• Industry:
For 92%, the EPO's quality is either "good", "very good" or
"excellent"

20. • Key components of the EPO's patent quality
policy
• Highly skilled examiners
• State-of-the-art searches
• Thorough procedures and review
processes
• Quality controls and an ongoing
commitment to improvement

21. • Highly skilled examiners
• Top-level engineers and scientists
– high degree of technical expertise and
personal responsibility
– knowledge of the EPO's three official languages
• Training during first two years
– extensive legal and procedural training
– individual coaching by experienced examiners
• Continuing professional development throughout career

22. • State-of-the-art searches
• World's largest collection of documents
– 800 million records of patent and non-patent
literature documents in over 120 databases
– more than 7 000 journals
– databases updated daily
• High-performance EPOQUE search tool
– used by examiners
– a worldwide benchmark
– used by over 40 patent offices, including Australia,
Brazil, Canada and China
• Machine translation to extend the range of easily
accessible information

23. • Thorough procedures and review processes
• Single procedure
– The EPC provides the legal framework for the
granting procedure.
• Systematic approach
– Each application is examined by a division of
three technically qualified examiners.
• Review processes
– Oppositions are examined by three technically
qualified examiners, at least two of whom will not
have been involved in the grant proceedings for
the patent.
– Appeals are heard by an independent second-instance
judiciary (boards of appeal).

24. • Quality controls and commitment to improvement
• Guidelines and instructions for examiners
• Spot-checks on search reports and examination quality
• Internal quality audits
• Preparation for ISO 9001 certification

25. • The European Patent Office and the patent system
• The patent system
• Basics
• About us
• Granting and publishing patents
• Quality patents
• Patents for the public
• Training and awareness-raising events
• The unitary patent
• Statistics
• Contact

26. • All patent documents are accessible free of
charge on www.epo.org
Espacenet
over 88 million
patent documents,
easily searchable
Patent Translate
Automatic translation
between English and
31 other languages,
including Chinese,
Japanese, Korean
and Russian.

27. Key facts about Espacenet
• Most visited area of our website
– around 20 million visits every year
• A worldwide collection of patent data
• For beginners and experts
– smart search using key words
– advanced search using combined search information,
classification, etc.
• Translation of documents in one click
– covers now translation between English and 31 other
languages, including Chinese, Japanese, Korean and
Russian.

28. • The European Patent Office and the patent system
• The patent system
• Basics
• About us
• Granting and publishing patents
• Quality patents
• Patents for the public
• Training and awareness-raising events
• The unitary patent
• Statistics
• Contact

29. • Training organised by the European Patent
Academy
• Training on IP and our services
and tools for
– applicants and attorneys
– judges
– patent office staff
– universities and research
centres
– businesses and SMEs
• An extensive collection of free
e-learning materials on
www.epo.org/learning

30. • The European Patent Office and the patent system
• The patent system
• Basics
• About us
• Granting and publishing patents
• Quality patents
• Patents for the public
• Training and awareness-raising events
• The unitary patent
• Statistics
• Contact

31. • Objectives of the unitary patent
A less expensive
and less cumbersome
patent system for Europe
 Facilitates access to patent protection
for SMEs and research centres
 Makes Europe more attractive for
innovation and investors
 Boosts Europe's competitiveness

32. • The unitary patent and the EPO member states
Unitary patent states
Austria • Belgium • Bulgaria • Cyprus •
Czech Republic • Denmark • Estonia •
Finland • France • Germany • Greece •
Hungary • Ireland • Latvia • Lithuania •
Luxembourg • Malta • Netherlands •
Poland • Portugal • Romania •
Slovakia • Slovenia • Sweden •
United Kingdom
Other EPO member states
Italy • Spain • Iceland • Switzerland •
Norway • Turkey • Monaco • San
Marino • Liechtenstein • Croatia •
Serbia • Albania • Former Yugoslav
Republic of Macedonia

33. • Basic principles of the unitary patent
• A European patent, granted by the EPO under the EPC
• Unitary effect extends to the 25 EU member states currently
participating, at the patent proprietor's request
• Registered by the EPO in one single administrative step
• An additional option for patent proprietors, alongside the existing
European and national patent systems
• Can be combined with the European patent to cover up to
40 European countries
• Uniform litigation system

34. • Concrete benefits
• Protection in one single step for the 25 states currently
participating
• Simplified registration procedure instead of 25 different
validations
• Simplified and cost-effective renewal fee payment
• No post-grant translation required (after initial transition period)
• Centralised register maintained by the EPO
• Uniform litigation system affording greater legal certainty

35. • Language arrangements for post-grant translations
• For a transitional period of up to 12 years:
– If the patent is granted in French or German,
a translation into English will be required
– If the patent is granted in English,
a translation into one of any of the EU languages will be
required
• At the end of the transitional period:
– No translation required anymore
– Patent Translate will provide free machine translation in
32 languages

36. • Language arrangements for applications
Translation costs will be reimbursed
 for SMEs, universities, public
research organisations from the EU
 if the application is filed in an EU
language other than English, French
or German

37. • The European patent with unitary effect
Same grant procedure as for classic European patent
European
patent
application
Filing and
formalities
examination
Search report
with preliminary
opinion on
patentability
Appeal
proceedings
Grant of
European
patent
Refusal or
withdrawal
of
application
Substantive
examination
At the
request
of the patent
proprietor
Limitation/
revocation/
opposition
proceedings
The unitary patent replaces
the individual effects of the European patent
in the 25 participating states
Unitary patent
for the territories of the
25 participating states

38. • The Unified Patent Court
with seat in Luxembourg
Court of First Instance
Court of Appeal
Appeals
Central Division
Seat
in
Paris
Office of
President
Section
in
Munich
Section
in
London
Local Divisions
LD
LD
LD
LD
LD
LD
set up in individual
member states
LD
Court of Justice
of the
European Union
Regional Divisions
set up by groups of
member states
RD
RD
RD
RD
Requests
for
preliminary
rulings
LD
Revocation actions Infringement actions

39. • When will it all start?
• European applications already "in the pipeline" today
might be given unitary effect if granted after the system
starts
• Minimum of 13 states − including GB, France, Germany
− must ratify the agreement on a Unified Patent Court
(expected 2015)
• First unitary patents will cover only the states which have
ratified the agreement, then more as states accede

40. • The European Patent Office and the patent system
• The patent system
• Basics
• About us
• Granting and publishing patents
• Quality patents
• Patents for the public
• Training and awareness-raising events
• The unitary patent
• Statistics
• Contact points

41. • Total European patent filings1)
1) Direct European filings under the EPC and international filings under the PCT.

42. • Origin of European patent filings (2013)1)
Others 6%
DE 12%
FR 5%
CH 3%
NL 3%
GB 2%
Other
EPO states
10%
US 24%
JP 20%
CN 8%
KR 6%
DE: Germany I FR: France I CH: Switzerland I NL: Netherlands I GB: United Kingdom
US: United States I JP: Japan I CN: P.R. China I KR: South Korea I EPO: European Patent Organisation
1) Direct European filings under the EPC and international filings under the PCT.

43. • Technical fields1) with the most applications
(2013)2)
1) Classified according to the IPC and technology concordance table as revised
in January 2013
2) Based on European patent applications filed with the EPO.

44. • The European Patent Office and the patent system
• The patent system
• Basics
• About us
• Granting and publishing patents
• Quality patents
• Patents for the public
• Training and awareness-raising events
• The unitary patent
• Statistics
• Contact

45. • Need more information?
• Visit www.epo.org
• Follow us on
www.facebook.com/europeanpatentoffice
twitter.com/EPOorg
www.youtube.com/EPOfilms
www.linkedin.com/company/european-patent-office
• Contact us via www.epo.org/contact

46. Thank you
slide
European
Patent Office
Thank you for your attention !