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ARTICLE · 05 JULY 2017

Streamlining Of EPO Procedure

The European Patent Office (EPO) is making significant inroads into its notorious patent examination and opposition backlogs.

European UnionIntellectual Property

The European Patent Office (EPO) is making significant inroads into its notorious patent examination and opposition backlogs. This has brought its own issues, but applicants can still obtain the patent protection they deserve.

Background

The patent prosecution process at the EPO has traditionally been relatively slow. Some applications would not be searched and examined for several years and it was not unusual for responses to examination reports (Office Actions) to go unexamined for a year or more. Three or four examination reports would be issued before proceedings were brought to a head, either by allowance of the application or by being called to Oral Proceedings (a hearing). Post-grant opposition proceedings were also very slow and could take many years. Such delays led to uncertainty for all parties involved.

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