Q&A regarding "Patent rights & specific law issues"
Posted: 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 However, the European patent application shall be deemed never to have had this effect when it was withdrawn, deemed to be withdrawn or finally refused (see Art. 67 and 64 EPC).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).
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).