Abstract
The alignment of the European Patent Convention (EPC) with the filing
date requirements of the Patent Law Treaty has resulted in a complex system of
procedural requirements, placing a burden on the European Patent Office (EPO) and
complicating the work of patent attorneys. In practice, this procedural framework
has little effect because applicants only rarely make use of the possibilities offered.
This article proposes to simplify the filing date requirements in the Implementing
Regulations of the EPC, such as by adding the compulsory presence of at least one
claim to the requirements for the accordance of a filing date.
date requirements of the Patent Law Treaty has resulted in a complex system of
procedural requirements, placing a burden on the European Patent Office (EPO) and
complicating the work of patent attorneys. In practice, this procedural framework
has little effect because applicants only rarely make use of the possibilities offered.
This article proposes to simplify the filing date requirements in the Implementing
Regulations of the EPC, such as by adding the compulsory presence of at least one
claim to the requirements for the accordance of a filing date.
| Original language | English |
|---|---|
| Pages (from-to) | 220-230 |
| Number of pages | 11 |
| Journal | IIC - International Review of Intellectual Property and Competition Law |
| Volume | 44 |
| DOIs | |
| Publication status | Published - 1 Jan 2013 |