PowerPoint-Pr

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European Patent Office
The European Patent System serving innovation
Paul Schwander EPO, The Hague
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Roadmap

• History
• Practical issues
• Facts and figures
• Conclusion

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Patent lawstriving for harmonisation

• An invention is universal

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Paris Convention 1883

• Before simultaneous filings

After 1883
12 Months
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A bit of history a European idea

• 1958 Treaty of Rome
• 1960 Idea of a European Patent
• 1968 Splitted into 2 projects a European
  Convention the Community Patent
• 1973 Convention signed
• 1977 European Patent Office

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Example of an international patent procedure when
the EPO did not exist
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The Patent filed in 1975

• SYSTEMS FOR STORING AND TRANSFERRING DATA

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First filing followed by geographic extensions
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The Smart Card Patent procedure
National patents
12 monthsPriority
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The European Patent System

• (National European) or European Direct

Priority period
Common grant procedure
National Patents
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Grant procedure Search and Examination

• EP822788 Drug Release Coated Stent
• A stent for implantation in a body comprising a
  tubular metal body (10) having open ends and an
  open lattice sidewall structure and a layer on
  the surface of said sidewall structure, said
  layer comprising a hydrophobic elastomeric
  material incorporating an amount of biologically
  active material therein for timed delivery
  therefrom.

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Prior art search closest prior art documents

• WO9112779
• A prosthesis for insertion into a lumen to limit
  restenosis of the lumen. The prosthesis carries
  restenosis-limiting drugs which elute after the
  device is positioned in the lumen.

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Examination
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Granted patent vs. Application

• A stent for implantation in a body comprising a
  tubular metal body (10) having open ends and an
  open lattice sidewall structure and a layer on
  the surface of said sidewall structure, said
  layer comprising a hydrophobic elastomeric
  material incorporating an amount of biologically
  active material therein for timed delivery
  therefrom.

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What advantages doesa European patent have?

• Unitary protection standards in the contracting
  states
• One application/one language
• A la carte market by designation of countries
• Cost-effective
• Costs less than 3 separate national patents
• Strong
• Thorough search 50 million documents
• Substantive examination sound legal protection

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Average costs EP Patent 8 countries 10 years
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Facts and Figures

• In 2004 178 000 filings
• 6 000 staff members 3 500 examiners
• Munich-The Hague-Berlin-Vienna-Brussels
• 55 million patent documents in its database

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Applicants origin
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European Patent Organisation Member States
The European patent system
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The European PatentOrganisation
European Patent Organisation
European Patent Office
Administrative Council
The executive body The Office's task is to grant
European patents.
The legislative body Important functions to
adopt the budget to approve the Presidents
actions in implementing the budget to amend
the Implementing Regulations and Rules relating
to Fees The Administrative Council consists of
delegates from the member states.
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EPO and PCT

• Different Granted Patent vs. Common file
• Linked EPO can be an International Searching
  Authority and an International Preliminary
  Examining Authority
• If you want to delay decisions on geographic
  coverage PCT usually preferred.

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To conclude

• A unexpected success 5 times more applications
  than initially expected
• A continuous harmonisation process
• An application of the subsidiarity principle

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Thank you for your attention
European Patent Office

• www.european-patent-office.org

Paul Schwander EPO, The Hague 11 May 2005