European Patent Office

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EPO headquarters in Munich, Germany

The European Patent Office (EPO)[notes 1] is one of the two organs of the European Patent Organisation (EPOrg), the other being the Administrative Council.[1] The EPO acts as executive body for the Organisation[2][3] while the Administrative Council acts as its supervisory body[2] as well as, to a limited extent, its legislative body.[3][4] The actual legislative power to revise the European Patent Convention lies with the Contracting States themselves when meeting at a Conference of the Contracting States.[5]

Within the European Patent Office, examiners are in charge of studying European patent applications, filed by applicants, in order to decide whether to grant a patent for an invention. The patents granted by the European Patent Office are called European patents.

Function, status and location[edit]

EPO sub-office in Berlin

The European Patent Office (EPO) grants European patents for the Contracting States to the European Patent Convention. The EPO provides a single patent grant procedure, but not a single patent from the point of view of enforcement. Hence the patents granted are not European Union patents or even Europe-wide patents, but a bundle of national patents.[3] Besides granting European patents, the EPO is also in charge of establishing search reports for national patent applications on behalf of the patent offices of Belgium, Cyprus, France, Greece, Italy, Luxembourg, Malta, Netherlands, and Turkey.[6]

The European Patent Office is not a legal entity as such,[7] but an organ of the European Patent Organisation,[8] which has a legal personality.[9]

The EPO headquarters are located at Munich, Germany. The European Patent Office also includes a branch in Rijswijk (a suburb of The Hague, Netherlands), sub-offices in Berlin, Germany, and Vienna, Austria and a "liaison bureau" in Brussels, Belgium. At the end of 2009, the European Patent Office had a staff of 6818 (with 3718 based in Munich, 2710 in Rijswijk, 274 in Berlin, 112 in Vienna and 4 in Brussels).[10] The predecessor of the European Patent Office was the Institut International des Brevets or IIB.

The premises of the European Patent Office enjoy a form of extraterritoriality. In accordance with the Protocol on Privileges and Immunities,[11] which forms an integral part of the European Patent Convention under Article 164(1) EPC, the premises of the European Patent Organisation, and therefore those of the European Patent Office, are inviolable.[12] The authorities of the States in which the Organisation has its premises are not authorized to enter those premises, except with the consent of the President of the European Patent Office.[13] Such consent is however "assumed in case of fire or other disaster requiring prompt protective action".[13]

Management[edit]

Presidents of the European Patent Office
1. Johannes Bob van Benthem (1 November 1977 - 30 April 1985), Dutch.
2. Paul Braendli (1 May 1985 - 31 December 1995), Swiss.
3. Ingo Kober (1 January 1996 - 30 June 2004), German.
4. Alain Pompidou (1 July 2004 - 30 June 2007), French.
5. Alison Brimelow (1 July 2007 - 30 June 2010), British.
6. Benoît Battistelli (from 1 July 2010), French.[14]

The European Patent Office is directed by a president, who is responsible for its activities to the Administrative Council.[15] The president also represents the European Patent Organisation.[16] The president has therefore a dual role: representative of the European Patent Organisation and head of the European Patent Office.[17] The President of the European Patent Office is appointed by the Administrative Council.[18] A majority of three-quarters of the votes of the Contracting States represented and voting in the Administrative Council is required for the appointment of the President.[19][20]

More generally, the "management of the EPO is dominated by the delegates of the contracting States in the Administrative Council," these delegates being, according to Otto Bossung, primarily guided by their national interests rather than by supranational interests such as for instance the implementation of the EU internal market.[21]

Languages[edit]

Signage at the Munich office of the European Patent Office, in its three official languages, German, English and French.

The official languages of the European Patent Office are English, French and German[22] and publications including the European Patent Bulletin and Official Journal of the European Patent Office are published in all three of those languages.[23]

Patent applications may be filed in any language[24] provided that a translation into one of the official languages is submitted within two months.[25] The official language that the application is filed in or translated into is taken to be the language of the proceedings[26] and the application is published in that language.[27] Documentary evidence may also be submitted in any language, although the EPO may require a translation.[28]

Several Contracting States to the European Patent Convention have an official language which is not an official language of the EPO, such as Dutch, Italian or Spanish and these languages are referred to as "admissible non-EPO languages".[29] Residents or nationals of such States may submit any documents subject to a time limit in an official language of that State[30] and there is a shorter period of one month for filing a translation into an official language[31] or the document is deemed not to have been filed.[30] Many EPO fees are reduced by 20% for people who file patent application or other documents in an admissible non-EPO language and subsequently file the necessary translation.[32]

Departments and Directorates-General[edit]

Branch of the EPO at The Hague, Netherlands[33] (more precisely at Rijswijk, a suburb of The Hague).

The European Patent Office includes the following departments:[34]

  • A Receiving Section, responsible for the examination on filing and the examination as to formal requirements of European patent applications
  • Examining Divisions, responsible for prior art searches and the examination of European patent applications
  • Opposition Divisions, responsible for the examination of oppositions against any European patent
  • A Legal Division
  • Boards of Appeal, responsible for the examination of appeals,
  • An Enlarged Board of Appeal.

In practice, the above departments of European Patent Office are organized into five "Directorates-General" (DG), each being directed by a Vice-President: DG 1 Operations, DG 2 Operational Support, DG 3 Appeals, DG 4 Administration, and DG 5 Legal/International Affairs.

The European Patent Office does not make decisions on infringement matters. National courts have jurisdiction over infringement matters regarding European patents. Regarding the validity of European patents however, both the European Patent Office during opposition proceedings (Article 99 EPC) and national courts during nullity proceedings (Article 138 EPC) may decide to revoke a European patent. According to Sir Robin Jacob, the members of the EPO Boards of Appeal are "judges in all but name".[35]

Activities under the Patent Cooperation Treaty[edit]

In the international procedure according to the Patent Cooperation Treaty (PCT), the European Patent Office acts as a Receiving Office, an International Searching Authority (ISA), an International Preliminary Examining Authority (IPEA) and, with effect from 1 July 2010, as a so-called Supplementary International Searching Authority (SISA).[36] The Patent Cooperation Treaty (PCT) provides an international procedure for handling patent applications, called international applications, during the first 30 months after their first filing in any country party to the PCT. The European Patent Office does not grant "international patents," as such patents do not exist. After 30 months (or, for a few countries, after 20 months)[37] an international application must be converted into national or regional patent applications, and then are subject to national/regional grant procedures.

As Supplementary International Searching Authority (SISA), the European Patent Office has announced that it will conduct no more than 700 supplementary international searches per year.[38]

Online services[edit]

The EPO offers on its web site several free services, including Espacenet and Open Patent Services (OPS) for searching within its collection of patent documents, the legal texts published in its Official Journal, the European Patent Register for monitoring European patent applications, and a publication server of the European patent applications and specifications. There is also the epoline software for filing European patent applications online.

Cooperations[edit]

Patents granted by EPO in 2013 per country of residence of the first named patentee.

The EPO cooperates with the United States Patent and Trademark Office (USPTO) and the Japan Patent Office (JPO) as one of the Trilateral Patent Offices. It also works with the Japan Patent Office (JPO), the Korean Intellectual Property Office (KIPO), the State Intellectual Property Office of the People's Republic of China (SIPO) and the United States Patent and Trademark Office (USPTO) in a co-operation known as the "five IP offices" or IP5.[39]

Staff unions[edit]

Staff unions active within the EPO include the Staff Union of the European Patent Office (SUEPO) and the Fédération de la Fonction Publique Européenne - European Patent Office (FFPE-EPO).

SUEPO[40] was born in 1979 out of the Syndicat du Personnel de l'Institut International des Brevets (SP-IIB) which was founded in 1969. SUEPO is made up of four local sections in Berlin, Munich, The Hague and Vienna and claims to have consistently about 50% of the staff of the respective sites as member.[41]

FFPE-EPO[42] is a staff union at the EPO, The Hague section. It was registered under Dutch law[43] on March 7, 2008, and is affiliated with the European Civil Service Federation (French: Fédération de la Fonction Publique Européenne or FFPE), founded in 1962.[44] The FFPE-EPO was set up in spite of the fact that there already was a staff union in place in EPO, The Hague, the SUEPO, because -in the words of FFPE-EPO- a need was felt for new representation with new visions, developing new ways of representing everyone's interests, including that of the EPO. An unofficial English translation of the statutes can be found on-line.[45]

Notes[edit]

  1. ^ The abbreviation "EPOff" has been also used to refer to the European Patent Office, in order to distinguish it from the European Patent Organisation, see European Patent Office web site, European Patent Convention (EPC), Alphabetical keyword index. Consulted on November 17, 2007.

References[edit]

  1. ^ Article 4(2) EPC
  2. ^ a b Article 4(3) EPC
  3. ^ a b c Gower's Report on Intellectual Property, para 1.34
  4. ^ Article 33 EPC
  5. ^ Article 172 EPC
  6. ^ See Article 1 of Decision of the President of the European Patent Office dated 5 October 2010 on the filing of copies of search results under Rule 141(1) EPC - utilisation scheme, EPO web site, Notices and decisions of the President, October 20, 2010. Consulted on October 22, 2010.
  7. ^ Decision T 1012/03 of December 1, 2006, Reasons 29.
  8. ^ Article 4(2)(a) EPC
  9. ^ Article 5(1) EPC
  10. ^ European Patent Office, Annual Report 2009. Staff and resources, Fig. 2 Analysis of staff in post on 31 December 2009 by place of employment & grade. Consulted on 1 June 2010.
  11. ^ Protocol on Privileges and Immunities of the European Patent Organisation (Protocol on Privileges and Immunities) of 5 October 1973.
  12. ^ Protocol on Privileges and Immunities, Article 1(1).
  13. ^ a b Protocol on Privileges and Immunities, Article 1(2).
  14. ^ EPO web site, Benoît Battistelli elected EPO President, News, 1 March 2010. Consulted on 2 March 2010.
  15. ^ Article 10(1) EPC
  16. ^ Article 5(3) EPC
  17. ^ Decision T 1012/03 of December 1, 2006, Reasons 35.
  18. ^ Article 11(1) EPC
  19. ^ Article 35(2) EPC, which refers to "Article 11, paragraph 1".
  20. ^ See for instance: EPO web site, Decision on next EPO President deferred, News, 30 October 2009. Consulted on 31 October 2009.
  21. ^ Bossung, Otto. "The Return of European Patent Law in the European Union". IIC 27 (3/1996). Retrieved June 30, 2012. "Thus the management of the EPO is dominated by the delegates of the contracting States in the Administrative Council. It is entirely natural that their thoughts and actions are primarily guided by their responsibilities in the national sector. Hence it is national interests, the interests of the national patent offices, national patent attorneys, national lobbies, national business sectors and other national interests, that are the decisive forces within the Administrative Council of the EPO." 
  22. ^ Article 14(1) EPC
  23. ^ Article 14(7) EPC
  24. ^ Article 14(2) EPC
  25. ^ Rule 6(1) EPC
  26. ^ Article 14(3) EPC
  27. ^ Article 14(5) EPC
  28. ^ Rule 3(3) EPC
  29. ^ Guidelines for Examination in the EPO, section a.x.9.2.1
  30. ^ a b Article 14(4) EPC
  31. ^ Rule 6(2) EPC
  32. ^ Rule 6(2) EPC and RFees 14(1)
  33. ^ Under Article 6(2) EPC.
  34. ^ Article 15 EPC
  35. ^ Sir Robin Jacob, National Courts and the EPO Litigation System, GRUR Int. 2008, Vol. 8-9, pages 658-662, referring to what he said in Lenzing's Appn. [1997] RPC 245 at p. 277 and repeated in Unilin v. Berry [2007] EWCA Civ. 364.
  36. ^ PCT Newsletter No. 04/2010, page 1, "European Patent Office to Offer Supplementary International Search", and page 7, "Notification under PCT Rule 90.4(d) and 90.5(c) (European Patent Office)" ("... to include its capacity as Supplementary International Searching Authority (SISA).")
  37. ^ As of October 2009, three countries: Luxembourg, Uganda, United Republic of Tanzania, see PCT Reservations, Declarations, Notifications and Incompatibilities (status on 29 September 2009) (PCT Articles, 22(1)) and Article 22(1) PCT (See "Editor's Note").
  38. ^ PCT Applicant’s Guide – International Phase – Annex SISA, SISA International Searching Authorities (Supplementary Search) EP European Patent Office (EPO), 3 June 2010, page 2. Consulted on June 6, 2010.
  39. ^ See Five IP offices website.
  40. ^ SUEPO web site
  41. ^ SUEPO web site, About us. Consulted on March 14, 2009.
  42. ^ FFPE-EPO web site
  43. ^ (Dutch) Entry for "Fédération de la Fonction Publique Européene (sic) - European Patent Office" (KvK-nummer: 27315188) in the trade register maintained by the Netherlands Chamber of Commerce (Kamer van Koophandel or KvK).
  44. ^ FFPE web site, Presentation of the FFPE, Welcome. Consulted on March 14, 2009.
  45. ^ Fédération de la Fonction Publique Européenne, European Patent Office, The Hague, Non-official translation of the statutes, 27.03.2008. Consulted on March 14, 2009.

External links[edit]