Author: Mónica Arizti
Can the grant of a European patent be obtained by providing technical evidence that is not contained in the application?
The Enlarged Board of Appeal of the European Patent Office (EPO) has accepted the possibility of submitting new evidence of the inventive step of a patent application or patent that has been granted during the grant and opposition procedures. Article 52(1) of the European Patent Convention (EPC) provides that European patents shall be granted for […]
Grace period in the patent system: a commercial advantage?
The fact that some jurisdictions provide a grace period during which, before the patent application is filed, the inventor can disclose the invention without any limitation with respect to the form or purpose of the disclosure and without this preventing the registration of the patent, as opposed to jurisdictions in the EPC system that do […]
“Prior public use”: an effective ground for opposition against the grant of a European patent
The opposition procedure for European patents, enables third parties, within nine months of the publication of the mention of the grant of the patent, to oppose that patent at the European Patent Office (EPO). This opposition procedure for European patents is particularly useful when the patent in question is hindering our commercial interests and we […]
Inventions ‘made in Spain’: How can you protect them properly?
In accordance with the Spanish Patent Law, the first application for a patent made in Spain must be filed at the Spanish Patents and Trademarks Office and penalties can be imposed in the event of the breach of this requirement. This is why it is important to be able to justify the registration of […]
Further setback for the cosmetic industry regarding protection of personal hygiene products
A recent decision of the Examination Division of the European Patent Office has highlighted the importance of the need for creativity when drafting patents in the cosmetic sector in order to circumvent the prohibition on patenting methods of use for this type of product. The cosmetic industry, which includes personal hygiene products, is one of […]