Q&A regarding "Patent rights & specific law issues"

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EPO / Patent Information
Posts: 614
Joined: Wed Nov 12, 2014 3:36 pm

Q&A regarding "Patent rights & specific law issues"

Post by EPO / Patent Information » Wed Oct 07, 2020 5:01 pm

:?: QUESTION:

Under assumption:
1. We applied to any patent office/institute for a product we invented
2. This application/filing passed for first phase and moved to search phase

> at this time assume please we give license to some companies and the product is being produced and used by folks.

3. Assume please after searching, the report says that this product was previously invented by someone else

WHAT HAPPENS NEXT?
____________________________________________________________________
:!: ANSWER:

Dear Customer,
Please be advised that the provided information is without prejudice to decisions of the competent departments before which any given application may be pending.

With this proviso, please note that after its publication the European patent application confers provisional protection upon the applicant in any designated Contracting State. However, the European patent application shall be deemed never to have had this effect when it was withdrawn, deemed to be withdrawn or finally refused (see Art. 67 and 64 EPC).

If the European search report and the written opinion are negative, the applicant has different opportunities during the grant procedure to amend the application in such a way as to overcome these objections (for more information on the grant procedure see European Patent Guide "How to get a European Patent").

The terms and conditions of the licences are governed by the national law applicable in each case (see European Patent Guide, Chapter 5, part 5.11).
Kind regards,

The Patent Information User Support Team


blue & green
Posts: 16
Joined: Sun Dec 03, 2017 7:12 pm

Re: Q&A regarding "Patent rights & specific law issues"

Post by blue & green » Sat Oct 31, 2020 10:04 pm

hi,

could you underline please more clearly whether the applicant/inventor/nominator would have any sanction in such cases?

note please as agents are requesting much more money in the process, and in some cases this selection is not a reliable way, we generally prefer all the application operations to be carried out by us however possible is. This means although we feel us as a strong nominator/inventor we generally forward the application without any search at the background of invention in the current status.

And normally this causes not to be sure whether the relevant invention was novel (i.e. to satisfy the criteria to be accepted as invention) or not

therefore, while that is an assumption,the novelty issue is also a potential case.


EPO / Patent Information
Posts: 614
Joined: Wed Nov 12, 2014 3:36 pm

Re: Q&A regarding "Patent rights & specific law issues"

Post by EPO / Patent Information » Mon Nov 16, 2020 8:47 am

Dear Customer,

Please understand that the task of the European Patent Office is to examine and grant European patents. Where possible, Directorate Patent law provides general legal advice on new or more complicated legal provisions. However, we are not in a position and it is not our task to guide individual applicants through the application and granting process or to advise on any legal questions related thereto.

It is up to the applicants to ensure that they are familiar with the applicable provisions and proceedings or, if not, to seek legal advice from a professional representative and/or a lawyer. The same applies in respect of questions concerning licensing agreements and other contracts, which are governed by the applicable national (private) law.

Kind regards,
Directorate Patent Law


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