European Patent Office

European Patent Office

The European Patent Office (EPO) is one of the two organs of the European Patent Organisation (EPOrg), the other being the Administrative Council. [EPC Article|4|2] The EPO acts as executive body for the OrganisationEPC Article|4|3] [http://www.hm-treasury.gov.uk/media/6/E/pbr06_gowers_report_755.pdf Gower's Report on Intellectual Property] , para 1.34] while the Administrative Council acts as the Organisation's legislative body.EPC Article|33]

tatus and location

The European Patent Office (EPO or, sometimes, EPOffEuropean Patent Office web site, [http://www.european-patent-office.org/legal/epc/e/ma9.html "European Patent Convention (EPC), Alphabetical keyword index."] Consulted on November 17, 2007. ] in order to distinguish it from the European Patent Organisation) grants European patents for the Member States of the European Patent Convention. The EPO provides a single patent grant procedure, but not yet a single patent from the point of view of enforcement. Hence the patents granted are not European Community patents or even Europe-wide patents, but a bundle of national patents.

The European Patent Office is not a legal entity as such, [ Decision [http://legal.european-patent-office.org/dg3/biblio/t031012eu1.htm T 1012/03] of December 1, 2006, Reasons 29.] but an organ of the European Patent Organisation,EPC Article|4|2|a] which has a legal personality. [EPC Article|5|1]

The EPO headquarters are located at Munich, Germany. The European Patent Office also includes a branch in Rijswijk (a suburb of The Hague, Netherlands), sub-offices in Berlin, Germany, and Vienna, Austria and a "liaison bureau" in Brussels, Belgium. At the end of 2007, the European Patent Office had a staff of 6499 (with 3514 based in Munich, 2579 in Rijswijk, 283 in Berlin, 119 in Vienna and 4 in Brussels). [European Patent Office, [http://www.epo.org/about-us/office/annual-reports/2007/staff-resources.html "Annual Report 2007. Staff and resources"] , Fig. 2 Analysis of staff in post on 31 Dec. 2007 by place of employment & grade. Consulted on July 8, 2008.]

President

The European Patent Office is directed by a president, who is responsible for its activities to the Administrative Council. [EPC Article|10] The president also represents the European Patent Organisation. [EPC Article|5|3] The president has therefore a dual role: representative of the European Patent Organisation and head of the European Patent Office. [Decision [http://legal.european-patent-office.org/dg3/biblio/t031012eu1.htm T 1012/03] of December 1, 2006, Reasons 35.]

Languages

are published in all three of those languages. [EPC Article|14|7]

Patent applications may be filed in any language [EPC Article|14|2] provided that a translation into one of the official languages is submitted within two months. [EPC Rule|6|1] The official language that the application is filed in or translated into is taken to be the language of the proceedings [EPC Article|14|3] and the application is published in that language. [EPC Article|14|5] Documentary evidence may also be submitted in any language, although the EPO may require a translation. [EPC Rule|3|3]

Several Contracting States to the European Patent Convention have an official language which is not an official language of the EPO, such as Dutch, Italian or Spanish and these languages are referred to as "admissible non-EPO languages". [ [http://www.epo.org/patents/law/legal-texts/html/guiex/e/a_xi_9_2_1.htm EPO Guidelines for Examination, A, XI-9.2.1] ] Residents or nationals of such States may submit any documents subject to a time limit in an official language of that State [EPC Article|14|4] and there is a shorter period of one month for filing a translation into an official language [EPC Rule|6|2] or the document is deemed not to have been filed. [EPC Article|14|4] Many EPO fees are reduced by 20% for people who file patent application or other documents in an admissible non-EPO language and subsequently file the necessary translation. [EPC Rule|6|2 and [http://www.epo.org/patents/law/legal-texts/html/epc/2000/e/articl14.html RFees 14(1)] ]

Departments and Directorates-General

The European Patent Office includes the following departments, pursuant to Art. 15 EPC: a Receiving Section, responsible for the examination on filing and the examination as to formal requirements of European patent applications, Examining Divisions, responsible for prior art searches and the examination of European patent applications, Opposition Divisions, responsible for the examination of oppositions against any European patent, a Legal Division, Boards of Appeal, responsible for the examination of appeals, and an Enlarged Board of Appeal (see also: Appeal procedure before the European Patent Office). In practice, the above departments of European Patent Office are organized into five "Directorates-General" (DG), each being directed by a Vice-President: DG 1 Operations, DG 2 Operational Support, DG 3 Appeals, DG 4 Administration, and DG 5 Legal/International Affairs.

The European Patent Office does not include any court which can take decisions on infringement matter. National jurisdictions are competent for infringement matter regarding European patents.

Activities under the Patent Cooperation Treaty

The European Patent Office acts as a Receiving Office, an International Searching Authority and an International Preliminary Examining Authority in the international procedure according to the Patent Cooperation Treaty (PCT). The Patent Cooperation Treaty provides an international procedure for dealing with patent applications, called international applications, during the first 30 months after their first filing in any country. The European Patent Office does not grant international patents - which do not exist. After 30 months an international application must be converted into national or regional patent applications, and then are subject to national/regional grant procedures.

Other activities

The EPO cooperates with the United States Patent and Trademark Office (USPTO) and the Japan Patent Office (JPO) as one of the Trilateral Patent Offices.

References

External links

* [http://www.epo.org European Patent Office web site]
* [http://www.patentepi.com/ Institute of Professional Representatives before the EPO] or "European Patent Institute (epi)"
* [http://www.suepo.org/ Staff Union of the European Patent Office] (SUEPO)
* [http://www.ffpe-epo.org FFPE-EPO] another staff union of the European Patent Office


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