EQE Paper F flashcards

32 cards. Read the term and the definition here. The deck at the top of this page is optional.

Art. 60(1) EPC

The right to a European patent belongs to the inventor or the inventor's successor in title. Employee inventions are governed by the national law of the state where the employee is mainly employed.

Art. 61(1) EPC

A final national decision that the applicant is not entitled allows the true proprietor to prosecute the application or file a new European application within three months, retaining the original filing date and priority.

Art. 61(1) time limit

Three months from the date the national decision becomes final. The period is non-extendable and cannot be restored under Art. 122 or extended under Rule 132.

Partial priority (G 1/15)

A generic claim may enjoy partial priority for alternatives disclosed in the priority document; entitlement is assessed per claim and per subject-matter actually disclosed.

Priority period

Twelve months from the first filing (Art. 87(1)). Restoration is possible under Rule 136 within two months of expiry, with a fee and a request.

Burden of proof in derivation

The party alleging derivation must show prior possession of the invention by the true owner and that the applicant obtained it from that person; the burden lies on the claimant.

Art. 81 EPC inventor designation

The application must designate the inventor. The inventor may waive mention. Wrong designation is correctable and is not, by itself, a ground of invalidity.

Art. 72 EPC assignment

A transfer of the application must be in writing and signed by both parties to be effective before the EPO; a mere declaration of transfer is insufficient.

Art. 71 EPC pre-filing transfer

A transfer of the right to the patent before filing must be in writing and signed by both parties; it affects who may validly file the application.

Art. 138(1)(e) EPC

A European patent may be revoked in national proceedings if the proprietor was not entitled under Art. 60(1); this is the post-grant counterpart to Art. 61(1).

Art. 100 EPC grounds

Opposition grounds are exhaustive: lack of novelty or inventive step, insufficient disclosure, added matter, and excluded subject-matter. Entitlement is not an opposition ground.

Art. 99(1) opposition period

Nine months from the date of grant. Oppositions filed after this period are inadmissible and cannot be restored.

Art. 108 appeal period

Two months from the decision to file the appeal, and four months to file the statement of grounds. The appeal fee is refunded only on interlocutory revision.

Art. 122 re-establishment

Available for most missed EPO time limits, but not for the priority year, the appeal period, or the Art. 61(1) period. Two months from removal of the cause, four months from expiry.

Art. 121 further processing

Available for most missed time limits before the EPO with a fee; not available for the appeal period or the Art. 61(1) period.

Art. 114(2) late evidence

The EPO may disregard evidence not filed in due time; the criterion is relevance and procedural economy, not mere lateness. Counter-evidence to a new point is normally admitted.

Problem-solution approach

Three steps: identify the closest prior art, determine the objective technical problem from the distinguishing features, and assess whether the claimed solution was obvious.

Art. 123(2) added matter

Amendments may not add subject-matter beyond the content of the application as filed; the test is whether the amendment is directly and unambiguously derivable.

Art. 123(3) extension

In opposition, claims may not be amended to extend the scope of protection; the comparison is between the granted claims and the amended claims.

G 1/03 disclaimers

Disclaimers are allowed only if they do not add subject-matter and are not the sole basis for novelty; a disclaimer removing a specific disclosed embodiment is normally allowable.

Product-by-process claims

A claim to a product defined by a process is novel only if the product itself is novel; the process features do not confer novelty on an otherwise known product.

Art. 64(2) process protection

A process claim is infringed by importing a product directly obtained by the process; the protection extends to products directly obtained by the claimed process.

Art. 112 EPC referral

The Boards of Appeal or the President may refer questions of law to the Enlarged Board to ensure uniform application of the law or to resolve a point of law.

Art. 112a EPC review

The Enlarged Board may review a Board decision for fundamental procedural defects; the request must be filed within two months of the decision.

Art. 116 oral proceedings

Oral proceedings are ordered on request or if the EPO considers it expedient; a request is a procedural right, not an entitlement to a particular date.

Brussels I Art. 22(4)

Exclusive jurisdiction over proceedings concerning registration or validity of patents lies with the courts of the state of registration or deposit, regardless of domicile.

Art. 60(1) employee law

The applicable law is that of the state where the employee is mainly employed, or the state of the employer's place of business if the place of employment cannot be determined.

Inventor status

A question of fact: the person who contributed to the inventive concept, not merely the person who executed the work, is the inventor.

Joint inventors

Each joint inventor owns a share; the share and the right to exploit are governed by national law and by contract between the parties.

Art. 64(3) infringement

Infringement of a European patent is decided by national courts; the EPO has no jurisdiction over infringement or entitlement disputes between private parties.

Rule 136 priority restoration

A missed priority claim can be restored within two months of the expiry of the twelve-month period, with a fee and a request; the priority year itself cannot be restored under Art. 122.

Auxiliary requests

In opposition, auxiliary requests must be filed with the statement of grounds or within the time limit set by the Board; late-filed requests may be inadmissible under Art. 12(4) RPBA.