Acquiring Patent through a European Procedure
European patent is a patent granted on the basis of the Munich
Convention concerning the granting of the European patent protection
of October 5, 1973 (hereinafter referred to as the "Convention").
A European Patent Application can
be filed either with the European Patent Office (hereinafter referred
to as "EPO") or the Hungarian Intellectual Property Office.
The application will be published by EPO after the expiration of a period of
eighteen months from the date of priority. Before publication EPO carries
out the formal examination of the application and if possible, the novelty
search. The search report, if completed, is published together with the
application; if not, it will be published later.
The applicant may decide in light of the search report whether he or
she would like to request the substantive examination of the application.
The EPO decides on the patentability conditions of the application in
the framework of the substantive examination. In case of a positive outcome
the EPO grants a European patent on the subject matter of the application,
the scope of which extends to the territories of all countries indicated
in the application.
Within nine months from the publication of the grant of the European
patent, any person may give notice to the European Patent Office of opposition
to the European patent granted. Depending on whether the opposition is
established or not, the EPO may in the opposition procedure revoke the
European patent or maintain it with or without limitations.
Against the individual decisions of the EPO appeal may be filed to the
boards of appeal.
In countries indicated in the application, a provisional protection will
only be established, or the granted European patent will only become effective,
if the conditions prescribed by national
legal regulations have been satisfied within a certain period of time
in relation to them. The further agenda of the European patents becoming
effective in the individual countries, is essentially similar to the patents
granted by the national offices.
Taking the costs
and legal effects of the European application into consideration, it is
advisable to resort to the help of patent