European Patent Office (EP)

From 01/02/2002, a regional phase entry for PCT applications for which the 21 month period has not expired on 02/01/2002 will be extended to 31 months from priority. From 02/01/2002, a divisional application may be filed at any time in which the European application is pending. A new procedure for acceptance and grant will be effective from 01/01/2002. New procedures for IPEA will take effect from 03/01/2002. From 06/01/2002 a European patent application may contain more than one independent claim in the same category with subject matter limitations.

From 01/03/2002, the EPO ceased to act as both ISA and IPEA for certain PCT applications filed by residents/nationals of the United States using either the USPTO or International Bureau (IB) as receiving Offices. Applications concerned are those which have one or more claims containing subject matter in the fields of biotechnology, business methods and telecommunications. The limitations apply to all demands received at the EPO from 01/03/2002 including applications filed before 01/03/2002 where the EPO was still the competent ISA.

The European Commission proposed on 05/07/2000 the creation of a Community Patent to give inventors the option of obtaining a single patent which is legally valid throughout the European Union. It was recommended that the Community Patent should be available by the end of 2001.

The EPC prohibits the grant of patents for "methods of treatment of the human or animal body by surgery or therapy and diagnostic methods practiced on the human body". As a result of a 1987 decision it was held that diagnostic methods whose results make it immediately possible to decide a particular course of medical treatment were excluded from patent protection. Further appeals have now concluded that "all methods practiced on the human or animal body which relate to the diagnosis or which are of value for the purposes of diagnosis" are prohibited from being patented.

07/04/2004 UPDATE: From 01/04/2004, it will be possible to extend European patent protection to the Republic of Croatia. Articles 99 to 109 of the Croatian Patents Act, in force since 01/01/2004, govern the extension of European Patents in Croatia.

28/02/2004 UPDATE: Poland will become bound by the European Patent Convention from 01/03/2004. Any international application filed after 01/03/2004 will include designation of Poland for both a European Patent and national patent.

05/05/2004 UPDATE: With regards to the registration of European Patents (UK) in overseas territories the Intellectual Property Policy Directorate of the UK Patent Office states that the owner of a European patent (UK) can apply for registration within three years from the grant of the European patent (UK) in the following countries: Anguilla, Belize, Bermuda, British Virgin Islands, Brunei Darussalam, Falkland Islands, Fiji, Gambia, Gibraltar, Grenada, Kiribati, Solomon Islands, St Vincent & the Grenadines, Tuvalu, Uganda and Vanuatu. Applications can be made at any time during the life of the European patent (UK) in the Cayman Islands and Guernsey. For Turks & Caicos applications must be made within five years of the grant of the European (UK) patent and in Western Samoa applications must be submitted within two years of grant. In each of these cases the term of the patent expires with that of the European (UK) patent.

Romania acceded to the European Patent Convention with effect 01/03/2003. As a result any international application filed on or after 01/03/2003 and containing a designation for a European Patent will automatically include the designation of Romania. The extension agreement between Romania and the EPO will terminate on 01/03/2003 but will continue to apply to all international applications filed prior to 01/03/2003. 

On 01/01/2003 Hungary became a member of the European Patent Convention (EPC). A European Patent may now be claimed and obtained for Hungary and European Patent applications may also be filed with the Hungarian Patent Office.

The Icelandic Government has indicated that it is likely that Iceland will accede to the European Patent Convention (EPC) in 2004.

European patents can be extended to the following countries as of the dates shown: Albania (01/02/1996), Latvia (01/05/21995), Lithuania (05/07/1994), Macedonia (01/11/1997), Romania (15/10/1996) and Slovenia (01/03/1994). 

In a Communication from the European Commission dated 05/02/1999 it is stated that the Commission will draft a Community Patent Regulation, as a main step towards introducing a unitary system of protection by patent, in order to maintain the competitiveness of innovative enterprises in the Community. The idea of filing a patent application "provisionally" - where a filing date would be allocated following simple formalities and without any fees - was raised and would appear to offer numerous advantages which meet concerns of both researchers and businessmen, especially in the field of basic genetic engineering research. The Administrative Council of the EPO wants a broad public consultation at European and National level on the introduction of a grace period in European Patent Law. The Commission also proposed a draft directive aimed at harmonising national applications and interpretation of rules on patentability of computer programs. 

Computer programs products are patentable if they result in additional technical effects which go beyond the "normal" physical interaction between software and hardware associated with running the program. The European Commission has issued a proposal for a directive to harmonise the law on patentability of computer-related inventions thoughout the EU. If this directive is adopted all member states of the EU will be required to amend their national laws in compliance.

Business methods are as such explicitly excluded from patentability. However, a product or a method which is of a technical nature may be patentable, even if the claimed subject matter defines or at least involves a business method.

Rules 23b to 23e concerning the patentability of biotechnological inventions, became effective on 01/09/1999. As a result, the EPO has now re-started processing applications and oppositions involving plants and animals which had been held up for several years. The proposal to delete Article 54(4) of the EPC has been endorsed which will result in published prior applications being considered as prior art for all contracting states whether, or not, they were designated in the prior application. A further proposal has been put forward concerning the re-establishment of rights under Articles 121 and 122 of the EPC.