Home | Databases | WorldLII | Search | Feedback Edited Legal Collections Data

"Drafting and prosecution stage" [2020] ELECD 144; in Muller, O. Marcus; Mulder, A.M. Cees (eds), "Proceedings Before the European Patent Office" (Edward Elgar Publishing, 2020) 3

Book Title: Proceedings Before the European Patent Office

Editor(s): Müller, O. Marcus; Mulder, A.M. Cees

Publisher: Edward Elgar Publishing

Section: Chapter 2

Section Title: Drafting and prosecution stage

Number of pages: 18

Abstract/Description:

As set out in Chapter 1, numerous choices have to made even during the drafting and prosecution stage of a European patent application that influence, if not determine, the outcome of opposition and appeal proceedings. In the present chapter, these choices will be dealt with in more detail. This chapter should, however, not be considered to be a complete presentation of the drafting and prosecution stage before the European Patent Office. On the contrary, its sole purpose is to address those issues during drafting and prosecution that may have an impact on opposition and appeal. When intending to file a European patent application, the normal procedure is to first draft and file a priority application which within 12 months is followed by filing a European patent application or an international (PCT) application for which entry into the regional phase before the European Patent Office must be carried out within 31 months from the priority date. Having a valid priority claim may decide the life or death of a patent in opposition or appeal proceedings.