claims with equivalents

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ArnauC
Posts: 13
Joined: Wed Jun 09, 2021 1:38 pm

claims with equivalents

Post by ArnauC » Wed May 11, 2022 10:03 am

Hi, for some patents (EP3468996 as an example), the claims are not avaiable: In espacenet the patent site refers you back to the pct application claims, and in the API they are not found when queried.
My question is: Is there an option for these patents to retrieve the equivalents family as I do for example when looking for abstracts?
I mean, if I don't find the abstract of a patent using the API, I can always change the endpoint to equivalents/abstract and then the data for the whole simple family is retrieved. Is there such an option for claims?
Thank you very much,

Arnau


EPO / OPS Support
Posts: 1298
Joined: Thu Feb 22, 2007 5:32 pm

Re: claims with equivalents

Post by EPO / OPS Support » Wed May 11, 2022 4:56 pm

Hi

Yes, EURO-PCT's EPC article 153/3 do not have full text, they have biblio and EP publication number, but are replaced in its entirety with full text of WO document - if WO was EN, FR or DE publication languages. And this is why raw data services like OPS are a bit difficult to identify if claims are missing by mistake or because the publication is 153/3 EURO PCT filling.

Example you gave me actually has its own set of claims/descriptions: ..3.2/rest-services/published-data/publication/docdb/EP3432505.a1/claims

But in case you have EP and you don't get any result by doing:
...3.2/rest-services/published-data/publication/docdb/EP.3532772.a1/claim
s

then try OPS family (extended family) ;
.../3.2/rest-services/family/publication/epodoc/EP3532772/
Extended family will give you reference that there is a WO publication present as well as priority linkage type W (reference to PCT) on your referenced EP record.

Now you have WO number and with that WO you can now get claims/descriptions of that EURO-PCT
...3.2/rest-services/published-data/publication/docdb/WO.2018077359.a1/claims
(or description)
Similar workaround would be if you do image search:
..../3.2/rest-services/published-data/publication/epodoc/EP3532772/images
I mention this one because in case there would be few divisional fillings i a family you might again have issues not knowing which one is the correct replacement publication. Image service gives you direct indication by providing A0 reference and matches EP biblio with image of exact WO that replaces republication of any such EP biblio due to already mentioned EPC 153/3 rule: https://www.epo.org/law-practice/legal- ... ar153.html

Its not straightforward, it takes few calls to get there, but its doable via either OPS Family or OPS Published with Image constituent.

Since I don't know your search strategy or business case, I just want to point your attention to data that we publish every week here: https://www.epo.org/searching-for-paten ... ences.html . This is EURO PCT cross reference list "The files available for download are lists of PCT applications as referred to in Article 153(3) (not republished by the EPO) and (4) EPC (republished by the EPO) and are updated on the EPO's official publication day." So, it cross-references EP biblio no. with WO publication no.

So, depending how you use OPS, you might find such tables useful instead of doing searches with just EP publication numbers that might or might not be EURO-PCT. The choices are yours all 3 options are usable.

Let me know if something wasn't clear enough

Regards
Vesna for OPS support


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