Subscribe to our RSS Feed

Latest Activities

Examination practice in the EPO

14 February 2011

The IP Federation has sent a paper to the President of the European Patent Office, saying the following

  1. An iterative examination process will often be the best way of ensuring that the examiner fully appreciates the invention and the applicant’s aims, while the applicant has an adequate opportunity to respond to the examiner’s objections. It is the way to ensure that a high quality patent is granted. 
  2. Telephone discussions are to be encouraged and training given to examiners to help them with this.
  3. In appropriate cases, it would be good practice for the examiner to schedule a preliminary technical conversation with the applicant, to ensure that there is a common understanding of the nature and objectives of the invention.
  4. Oral proceedings should be a matter of last resort. When they are necessary, they should be conducted by video, telephone or on-line conference if requested by the applicant.
  5. The summons to oral proceedings should clearly define the issues and new objections should, in general, not be raised in oral proceedings.

 We have made the following recommendation: 

  • Examiner training should take account of these points and the Guidelines to Examination should be amplified to give them proper emphasis.

Please advise if you would like to see a copy of our paper.

Previous Articles

  • IP Federation supports enhanced cooperation for the creation of unitary patent protection 

    The IP Federation has issued a statement in support of the Commission’s... 
    (February 01, 2011)
  • Enhanced cooperation for the creation of unitary patent protection 

    Plans to use the enhanced co-operation procedure to create a unitary patent... 
    (January 27, 2011)
  • Trends and Events 

    The annual newsletter in which the Federation reviews its previous twelve months’... 
    (December 14, 2010)
  • Panel of experts advising independent review into IP and growth announced 

    The Intellectual Property Office in the UK has announced in a press release... 
    (December 08, 2010)
  • IP Federation supports on-line file inspection 

    The President of the IP Federation has written to John Alty, Chief Executive... 
    (October 26, 2010)
  • IP Federation supports proposed Council Regulation on patent translations 

    The IP Federation has issued a statement in support of the principles expressed... 
    (September 24, 2010)
  • IP Federation elects new President, James Hayles, effective 9 July 2010. 

    The IP Federation is pleased to announce that Mr James Hayles has been elected... 
    (July 12, 2010)
  • IP Federation appoints new Secretary, David England 

    The IP Federation has appointed a new Secretary, David England, effective... 
    (June 03, 2010)