Abstract

Legal context

The European Patent Office (EPO) is the body responsible for granting European patents. For years, the EPO has struggled to cope with the number of patent applications it receives, leading to long delays between filing an application and a patent being granted on it. This has frustrated applicants. To address this, the EPO has made several changes to the way it works and makes use of a points system to encourage its examiners to be more productive. Many applicants complain however that the effects of these measures are far from applicant-friendly.

Key points

Applicants should now expect fewer opportunities for overcoming the EPO's objections to an application. Applicants should therefore make more of the opportunities they do have by considering: performing a pre-filing review, responding to extended European search reports, making use of auxiliary requests, and being more active in the run-up to oral proceedings.

Practical significance

By adopting these practices, the applicant increases his or her chances of obtaining a favourable outcome from the EPO, and may also gain cost savings.

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