The European Patent Office
An introduction to the EPO and the European patent
system
Evangelia Spyropoulou
Brussels 13.03.13
12/03/13
Overview of intellectual property rights
Legal right
What for?
How?
Patents
New inventions
Application and
examination of
the application
Copyright
Original creative
or artistic forms
Exists
automatically
Trade marks
Distinctive
identification of
products or services
Use and/or
registration
Registered
designs
External appearance
Registration*
© The Coca-Cola
Company
Trade secrets
Valuable information
not known to the public
Reasonable efforts
to keep secret
Example: one mobile phone; several IP rights
Trade marks:
 Made by "Nokia"
 Product "N95"
 Software "Symbian", "Java"
Patents:
 Data-processing methods
 Semiconductor circuits
 Display
Trade secrets:
?
Copyrights:
 Software code
 Instruction manual
 Ringtones
Designs (some of them registered):
 overall shape of phone
 arrangement of buttons in an oval configuration
 three-dimensional waveform of buttons
© Nokia
What is a patent?
 A patent is a legal title granting its holder
the right to prevent third parties from
exploiting an invention for commercial
purposes without authorisation
 In return for this protection, the holder has
to disclose the invention to the public
 Protection is granted:
• for a limited period, generally 20 years
• for a specific geographic area
Reveal
inventio
n
Get
exclusivit
y
What can be patented at the European Patent Office?
Inventions that are…
• new to the world (no previous public notice)
• inventive (i.e. not an "obvious" solution)
• susceptible of industrial application
NOT:
• Mere ideas not reduced to practice
• Software as such
•
(but algorithms that achieve technical results)
• Business methods
• Medical therapies, plant varieties, etc.
• …
See Articles 52 and 53 EPC in
http://www.epo.org/patents/law/legal-texts/epc.html
Patent requisites
 What does a patent look like?
– Bibliographic information
 Inventor, proprietor, date of filing, technology class, etc.
– Description
 Summary of prior art (i.e. the known existing technology)
 The problem that the invention is supposed to solve
 An explanation and at least one way of carrying out the invention
– Claims
 Define the extent of patent protection
– Drawings
 Illustrate the claims and description
– Abstract
 Around 150 words as a search aid for other patent applications
Structure of the description
 Prior art
• Teapot with one spout
 Drawback of prior art
• Time-consuming
 Problem to solve
• Reduce filling time
 Solution
• Provide a second spout
 Advantage of the invention
• The time needed to fill multiple
cups is reduced
The first European patent
1980
The first European patent was
granted to German systems
manufacturer Scheidt &
Bachmann.
The invention related to a device
for the temporary storage of
coins for use in ticket machines.
What not to do when considering filing a patent application
• No publication prior to filing
e.g. no article, press release, conference
presentation/poster/proceedings or blog entry
• No sale of products incorporating the invention prior to
filing
• No lecture or presentation prior to filing
except under a non-disclosure agreement (NDA)
• Seek professional advice soon!
• File before others do!
Important: Secrecy until the date of filing!
Beware of
•
•
•
•
Company Journal
Samples
Prototypes
Displays
•
•
•
•
•
Trade Fairs
"Open Door" events
Publicity
Visitors
etc...
38 member states
Albania • Austria • Belgium • Bulgaria •
Croatia • Cyprus • Czech Republic •
Denmark • Estonia • Finland • France •
Germany • Greece • Hungary • Iceland •
Ireland • Italy • Latvia • Liechtenstein •
Lithuania • Luxembourg • Former
Yugoslav Republic of Macedonia •
Malta • Monaco • Netherlands • Norway •
Poland • Portugal • Romania • San
Marino • Serbia • Slovakia •
Slovenia • Spain • Sweden • Switzerland •
Turkey • United Kingdom
European patent applications and patents
can also be extended at the applicant's
request to the following states:
Bosnia-Herzegovina • Montenegro
Autonomy
 Second largest intergovernmental
institution in Europe
 Not an EU institution
 Self-financing, i.e. revenue
from fees covers operating
and capital expenditure
EPO Locations
The EPO has offices at
five different locations.
Its headquarters are in
Munich.
EPO Locations
Munich - Headquarters
Vienna
The Hague
Berlin
Brussels - Bureau
Highly skilled examiners
 Top-level engineers and scientists
• high degree of technical expertise
• knowledge of the EPO's
three official languages
 Training during first two years
• extensive legal and procedural training
• individual coaching by
experienced examiners
 Continuing professional
development throughout career
European Inventor Award
2006 - 2012
The annual European Inventor Award is
organised by the EPO in co-operation
with the EU Council Presidency and the
European Commission. The award
recognises inventors and their groundbreaking inventions for their
contribution to society and the economy.
Laureates include Peter Grünberg,
subsequent winner of the Nobel Prize in
Physics, and Eric de Clerq, developer of
some of the original drugs against HIV.
Need more information?
www.epo.org
info@epo.org
Tel. + 49 (0)89 2399 - 4636