Introduction to the materials required for EU patent application and the general process

A European patent is granted to an invention that has industrial applicability, absolute novelty, and an inventive step. To date, the EPO has 34 member states and 4 extension countries (Albania, Bosnia and Herzegovina, Republic of Macedonia and Serbia). With the accession of Norway and Croatia on January 1, 2008, EPO granted patents are valid in 38 European countries, including 34 Contracting States and 4 Extension States.

Then we will bring you an introduction to the materials required for EU patent application and the general process. Introduction to the materials required for EU patent application1. Request; 2. Claims; 3. Description, drawings (if any); 4. Abstract of the description and drawings of the abstract (if any); 5. Power of attorney (signed or stamped by all applicants); Introduction to the general process of EU patent application1. The applicant can file an application with the European Patent Office in one of the three official languages: English, French and German. Generally, most applications are filed in English in China; Thereafter, the European Patent Office will issue a Notice of Acceptance2 and publish the patent applicationThe European patent will be published 18 months from the filing date (if there is a priority right, it means the priority date).

A renewal fee is paid to the EPO every year from 2 years after the filing of the European patent application until it is granted. 3. European patent grant: When the examination is passed, the European Patent Office will issue a notice of grant. The applicant chooses to agree to the grant text and allow the application to enter into the grant procedure, or to modify the text or claims as he wishes, and at the same time pay the grant fee and submit the translation of the other two languages of the claims.

In addition, it is necessary to check whether a translation of the priority document has been submitted. Once the above work is completed, the European patent is officially granted and a certificate of grant is issued. If you have more questions about patents, you can continue to pay attention to Bajie intellectual property rights, or contact us.

1. The following materials are required to apply for an EU design patent:

1) Applicant's identification document;

2) The product information to be registered for the patent and **;

3) Patent category, the EU patent category is the same as China's, or the name of the product;

2. The process of applying for an EU design patent is as follows:

1) Prepare materials;

2) Submission of materials;

3) Patent Examination;

4) Patent Publications;

5) Postponement of publication (if the applicant is unwilling to publish the design immediately, he or she can request postponement of publication);

6) Authorization to issue certificates.

If you have any other questions, please contact August Gua Intellectual Property.

Legal analysis: You can apply for a patent either at the patent office of the State Intellectual Property Office (Beijing) or at the patent agency office of the State Intellectual Property Office in the provincial capital.

Legal basis: Article 6 of the Patent Law of the People's Republic of China is a service invention-creation that is completed by performing the tasks of the unit or mainly by using the material and technical conditions of the unit. The right to apply for a patent for a service invention-creation belongs to the employer, and after the application is approved, the unit is the patentee.

The unit may dispose of its right to apply for a patent for a service invention-creation and the patent right in accordance with the law, and promote the implementation and application of the relevant invention-creation. For non-service inventions and creations, the right to apply for a patent belongs to the inventor or designer; After the application is approved, the inventor or designer is the patentee. Where the unit has a contract with the inventor or designer for an invention-creation completed by using the material and technical conditions of the unit, and the right to apply for a patent and the ownership of the patent right are quietly agreed, the agreement shall prevail.

An EU design patent is filed directly with the European Union Trademark and Patent Office and is valid in 27 countries.

The 27 EU member states include: France, Germany, Italy, Belgium, the Netherlands, Luxembourg, Denmark, Ireland, Greece, Spain, Portugal, Austria, Finland, Sweden, Cyprus, the Czech Republic, Estonia, Hungary, Lithuania, Latvia, Malta, Poland, Slovakia, Slovenia, Bulgaria, Romania and Croatia.

It is worth noting that Brexit negotiations are underway and there is a serious debate on the official departure from the EU on March 29, 2019. Thereafter (from 30 March 2019) the EU law will no longer apply to the UK, the validity of previous EU patents will no longer continue to be valid in UK territory, and EU patent owners will need to re-file their applications with the UK Intellectual Property Office if they wish to continue to protect their patents in the UK.

The process of applying for an EU design patent is as follows:

The application process for an EU design patent: preparation of application documents, submission of documents, receipt of application acceptance, patent examination, notification of authorization, issuance of certificate.

EU design patents do not require substantive examination, only formal examination, so the grant is relatively fast, and the certificate can be obtained in 2-4 weeks.

The conditions for granting a European patent application are basically the same as those for a Chinese patent application. However, the application process is different from that of Chinese patents. Below Intellectual Property will introduce you to what is the European patent application process in 2020?

1. Apply for a patent.

Apply for a patent with the European Patent Office. The languages are (English, French, German). The content of the patent application documents is consistent with the Chinese patent application documents, including:

Description, claims, abstract and abstract drawings. If the application is filed through the Paris Convention, the application shall be filed with Europe within 12 months from the date of filing the application in China, and China shall be required to grant priority and submit priority documents.

II. Search by the European Patent Office.

The European Patent Auriser Office usually searches for prior art documents related to the patentability of the application, and after the search, notifies the European patent** owner of the search results. When a patent applicant receives this search report, it is usually necessary to evaluate the patentability and grant of the invention based on the content of the search.

3. Announcement of patent application.

The European Patent Office will publish the results of the patent application within 18 months from the filing date and publish the search report on offline** prior to publication, so that the applicant can choose whether to proceed with the application.

4. Requests for substantive closed-side examination.

The applicant shall file an application for substantive examination within six months from the filing date or from the date of publication of the search report before the European Patent Office. At the same time, specific member states are identified, and fixed membership and examination fees are paid. Substantive examination proceedings are entered after the filing of the substantive examination and an office action is usually received from the EPO within 1 to 3 years after the substantive examination is filed.

5. European patent grant.

After the examination is passed, the EPO will issue a notice of grant. The applicant chooses to agree to the authorization document and is allowed to proceed to the authorization stage. or modify the text and claims.

6. Patent validity.

In general, upon receipt of the notification of grant, the applicant must select the country in which the patent is valid in the list of countries identified and notify the European Patent Office to select the country of effect. According to the regulations of each country, the entire contents of this patent need to be translated into the language of the country in which the patent is valid and submitted to that country.

So that's it, what is the process of applying for an EU patent application? Answers to your questions. If you are ready to open a store on Tmall, you can refer to the above article for information preparation. For more questions about patents, please consult an intellectual property professional consultant!

EU Patent Application Patent Application Process.

The EU design design patent application needs to be filed directly with the EUIPO (Chinese applicants need to entrust the local ** agency).

The following information is required to register an EU design patent:

1. Applicant's information (name, address and nationality);

2. Designer's information (name, address and nationality);

3. Priority documents (if any);

4. ** or drawings of the product (different views).

Designs should be represented by at least one view, but each design can be submitted in a maximum of seven views, plus three additional unprotected views, but designs beyond the seven views will not be reflected in the EU appearance certificate. The same applies to multiple applications, each of which is designed to allow up to seven views. If more than seven submissions are submitted, the EUIPO will ignore any additional submissions for registration and publication purposes and will follow the sequential order of the applicant's holding number.

Applicants can submit one or more application documents, the only requirement is that each design belongs to the same product category. The classification can be judged according to the Locarno classification.