欧洲专利授权程序.ppt

May 23-25, 2002 Lu Guoliang European Patent Granting Procedure Zhang Huifang Preliminary Examination and Flow management Department，SIPO Contents I. Overview of EPO II. Patentablility III. Filing An Application in EPO IV. The European Patent Procedure I. Overview of EPO Article 15- The departments charged with the procedure (a) a Receiving Section; (b) Search Division; (c) Examination Division; (d) Opposition Division; (e) a Legal Division; (f) Boards of Appeal; (g) an Enlarged Board of Appeal. Responsibility (a) a Receiving Section—Article 16 1.?examination on filing; 2.?examination as to formal requirements up to the time when a request for examination has been made; 3.?publication of the European patent application and of the European search report; Responsibility (b) Search Division —Article 16 Drawing up European search reports. (c) Examining Division —Article 18 Examination from the time when the Receiving Section ceases to be responsible. Responsibility (d) Opposition Division —Article 19 Examination of oppositions against any European patent. (f) Board of Appeal —Article 21 Examination of appeals from the decision of the Receiving Section, Examining Division, Opposition Division and of the Legal Division Responsibility (g) Enlarged Board of Appeal—Article 22 Deciding points of law referred to it by Board of Appeal; Giving opinions on points of law referred to it by the President of the EPO. II. Patentablility Aritical 52 and 53 of EPC European patents are granted for inventions that are new, involve an inventive step, and are susceptible of industrial application. II. Patentablility Subject matter not considered to be inventions: discoveries, scientific theories and mathematical methods aesthetic creations schemes, rules and methods for