The European Patent Grant Procedure Cover Image

Правни поступак за признање европског патента
The European Patent Grant Procedure

Author(s): Svjetlana Ivanović
Subject(s): International relations/trade, EU-Accession / EU-DEvelopment, EU-Legislation
Published by: Правни факултет Универзитета у Источном Сарајеву
Keywords: European patent; European patent convention; European patent application;

Summary/Abstract: The paper deals with European patent granting procedure under the provisions of the European patent convention. The European patent convention has established a single European procedure for granting of patents in the contracting states on the basis of one single application. European patent granting procedure begins by filing European patent application to the European Patent Office. If the application satisfies the requirements for the accordance of a date of filing and other formal requirements, it will be published by the European Patent Office. After European search report has been drawn up and published, the applicant may request substantive examination on the European patent application and invention to which it relates. The substantive examination stage ends with granting European patent if the application and invention to which it relates meet the requirements of European patent convention, or else, with refusing European patent application. Any person may contest the patent within nine months of the publication of the announcement on the grant of the European patent in the European Patent Bulletin. In each designated state for which it is granted, European patent gives its holder the same rights as would be conferred by a national patent granted in that state.

  • Issue Year: 2/2011
  • Issue No: 2
  • Page Range: 103-128
  • Page Count: 26
  • Language: Serbian