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News Updates |
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Welcome to our news update
section. We aim to include current
topics of interest as and when developments occur in Intellectual Property
matters. However, these brief notes
serve only as a general guide and are not designed to address any specific
issues that you may be concerned with. In consequence, Baron & Warren
cannot accept any liability or responsibility for any decisions or actions
taken on the basis of these notes. However, we would be happy to discuss any
particular matters of interest with you.
PATENTS §
The disclosure to the European Patent Office of results of
official searches. From January 2011, it will be necessary to
provide the EPO with the search report for any application from which a
European application claims priority. This applies to both European patent applications
and European regional phase entries of PCT applications, and the earlier
search report must be provided upon filing or regional entry. If it is not
available at that time it must be filed without delay once available. When such search results have not been
supplied to the EPO, the EPO will issue an invitation to do so within a
non-extendable two-month period. Failure to either provide such search
results or submit a statement that the search results are not available will
result in the application being deemed withdrawn. (Further processing is
available to counteract such deemed withdrawal, which involves performing the
omitted act and paying a fee within two months of notification of
withdrawal.) The above obligation continues while the application is pending. The EPO has stated that, as a consequence of
certain document exchange programs and for other reasons, the applicant will
be relived of the above responsibility in certain situations. The EPO will
provide details of such situations in due course, and we will inform you
accordingly. A copy of the actual search report document from
the office in question must be provided. The new requirement is not met by
merely filing a list of cited prior art. Copies of the prior art documents
will not need to be filed and there will be no requirement to file a translation
of the search report into an official EPO language if it is not in one.
Copies of search reports do not have to be filed again for divisional
applications if they have already been filed in respect of the parent
application. On a case-by-case basis, and not as a matter of
course, the EPO may also request information about prior art taken into
consideration in patent applications in other jurisdictions which relate to
the EPO application, but from which it does not claim priority. Again, any request must be responded to
within a non-extendable two month period. November 2010 |
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