EPC

Question 1

What happens if the translation of a European patent filed in the validation procedure is different from the original?

Answer 1

Article 70(1) and (2)
The text in the language of the proceedings is the authentic text. (If the application was filed in a non-official language, that text is the application as filed.)

BUT Article 70(3):

If the translation is NARROWER than the text in the language of the proceedings, then the contracting state can provide that only the translation’s scope is protected from infringement. (However, for revocation purposes it’s the text in the language of the proceedings that matters.)

Question 2

If you’re a person not living in a Contracting State, or if you’re an organisation not based in a Contracting State, which acts can you do before the EPO?

Answer 2

Art. 133 (2) - you can file a European Patent Application.

BUT for any other acts you must appoint a professional representative.

Question 3

If you’re an organisation based in a Contracting State, who can represent you before the EPO?

Answer 3

Art. 133(3) - you have the choice between

• A professional representative
• A regular employee, who needs to be authorized in accordance with the Implementing Regulations
• An employee of another organisation having economic connections with you, who needs to be authorized in accordance with the Implementing Regulations.

Question 4

What’s the difference between the European Patent Office and the European Patent Organisation?

Answer 4

Article 4 EPC: The EPOrg consists in the EPO and the Administrative Council. Its mission is to grant European Patents, by the EPO supervised by the Administrative Council.

Question 5

What do you need to do if you want to use a language other than the language of the proceedings in written or oral proceedings?

Answer 5

Rule 3 - For written proceedings, you can use any official language of the EPO, except for amendments which need to be filed in the language of the proceedings.

Rule 4 - For oral proceedings, you can use any official language of the EPO IF you give at least 1 month’s notice or provide for interpretation. You can use any official language of a Contracting State if you provide for interpretation.