- Patent
- Europe Patent
- Invention (EU)
Invention (EU)
Contents
1. What can and cannot be patented in Europe?
2. What is the procedure for filing a patent for invention in Europe?
3. What documents do I need to apply for an invention patent in Europe?
4. Is the fee for filing an invention patent in Europe?
5. Conclusion
1. What can and cannot be patented in Europe?
(1) The patentable person must be an "invention". The European Patent Convention (EPC) does not define an "invention", but does provide a list of inventions that are not considered inventions and excludes them from the scope of inventions, as follows:
- Discoveries, scientific theories and mathematical methods;
- Art Creation;
- Plans, rules, methods of human mental activity, games or businesses, and computer programs;
- Expression of information.
To the extent that the above does not correspond to the meaning of the invention, the subject matter of the European patent application or the European patent for which the subject matter of the application for the patent is contained in the European patent relates to the said subject matter or activity itself.
In addition, the European Patent Convention provides for the following three types of inventions that are not legally patentable:
- Offences against public order or good morals;
- Species of plants or animals, or the primary biological method of producing plants or animals, but not microbiological methods;
- Surgical or therapeutic methods for humans or animals, and diagnostic methods for humans or animals.
(2) "Novelty" is required- Absolute novelty: If an invention does not form part of the prior art, the invention is considered to be novel. The principle of absolute novelty is applied in the European Patent Convention: all content that constitutes the prior art of the European patent application before the filing date or priority of the European patent application, including by written or oral description, use or any other means made available to the public anywhere in the world.
- International priority : The European Patent Convention stipulates that if an applicant has formally filed a patent application in a member state of the Paris Convention or a member of the World Trade Organization, he or she can enjoy international priority when applying for a European patent for the same invention within 12 months from the date of the first application.
- Loss of novelty of fiction: If another European patent application has been filed before the filing date or priority date of the European patent application, and the other European patent application is published after the filing date or priority date of the European patent application, the contents of the other European patent application also constitute the prior art of the European patent application.
- Exceptions do not lose the cause of novelty (period of preference):
If there is one within six months before the filing date or priority date of the European patent application
A. Disclosure of the contents of the invention that has been learned from the applicant against the will of the applicant, or
B. The fact that the applicant or his predecessor has presented the invention in an official international exhibition within the scope of the Convention on International Exhibitions signed in Paris on November 12, 1928 (as amended on November 30, 1972).
These two disclosures do not deprive the European patent application of novelty (also known as the preferential period).
(3) It needs to be progressive
Considering the state of the art, the invention is progressive if it is not obvious to a person skilled in the art.
(4) It must be "industrial utilization".
An invention is considered to be industrially applicable if it can be manufactured or used in any type of industry, including agriculture.
The applicant may request early disclosure of a European patent application 18 months after the filing date or priority date (to avoid the waste of repeated R&D and investment by enterprises, and to enable third parties to obtain relevant technical information and engage in further research and development due to the disclosure of the technical content of the invention).
2. What is the procedure for filing a patent for invention in Europe?
3. What documents do I need to apply for an invention patent in Europe?
(1) Application form
(2) Patent specification
(3) Scope of patent application
(4) Abstract
(5) Necessary schemas
(6) If the priority is claimed, the priority information and documents must be prepared.
(7) Other prescribed documents
In addition to the documents required for the application, the application is also subject to an official fee, which includes 15 claims and a 35-page application within the scope of the patent, and if the application exceeds the above scope, an additional official fee will be paid.
Upon receipt of the application, the European Patent Office (EPO) will conduct a formal examination of the information submitted by the applicant to check whether the patent application meets the procedural requirements.
The EU invention patent registration process is a multifaceted journey that demands careful planning, thorough research, and strategic decision-making. By understanding the intricacies of the process and leveraging professional guidance when necessary, businesses can effectively protect their brand identity and capitalize on growth opportunities in the EU market. With its efficient registration system, robust legal framework, and strategic positioning in the Asia-Pacific region, EU remains an attractive destination for businesses seeking to establish and safeguard their invention patent.
In the team of our law firm, each of attorneys, agents and experts is experienced in obtaining and protecting an invention patent, from invention patent prosecution to handling infringements, appeals and litigations before the courts. We, Lewis & Davis Patent Attorneys Office, are capable to give you the most secure protection on your invention patent and intellectual property rights.
Contact us if you wish to find out more about IP protection.