European Patent
European Patent is a mechanism for the protection of intellectual
property rights in multiple signatory states on the basis
of a single application to the European Patent Office
(EPO) [link].
European Patent has the same legal effect as a national patent
in each of the designated states, so protection is not uniform.
A European patent application
may not contain more than one independent claim in the same
category (eg product and/or process) unless one of the exceptions
listed. You must keep the amount of claims reasonable in consideration
of the nature of the invention you wish to protect. You should
therefore avoid undue repetition resulting from the use of
independent claims in the same category or a proliferation
of dependent claims. You must number your claims consecutively
in Arabic numerals. It is essential to formulate your claims
clearly, as they define the matter that you want to protect.
The wording you use in European
Patent claims must leave no doubt as to their meaning and
scope, and you must avoid any inconsistencies between the
description and the claims. The area defined by the claims
must be as precise as the invention allows. As a general rule,
claims which attempt to define the invention in terms of the
result to be achieved are not allowed. Where the invention
relates to a chemical product, it may be defined by its chemical
formula or as a product of a process, or exceptionally in terms
of its parameters. Furthermore, references to the description
or drawings, particularly in the form of "as described in
part ... of the description" or "as illustrated in figure
... of the drawings", are not allowed unless they are absolutely
indispensable.
However, in a European patent
application containing drawings, reference signs linking the
claims to the drawings should be placed in brackets after
the technical features mentioned in the claims if this makes
the claims easier to understand. They must not be construed
as limiting the European Patent claims. The European Patent
Office (EPO) is the one that shoulders the responsibility
for the granting of European patents for the contracting states
to the European Patent Convention (EPC). European Patent Office
serves as the executive arm of the European Patent Organization,
an intergovernmental body set up under the EPC, whose members
are the EPC contracting states.
The mission of the European Patent
Office is to support innovation, competitiveness and economic
growth for the benefit of the citizens of Europe. European
Patent intends to continue its efforts to optimize the European
patent system by making it more efficient and cost-effective,
and better adapted to the applicant’s needs. Its task is to
grant European patents for inventions, on the basis of a centralized
procedure. By filing a single application in one of the three
official languages (English, French and German) it is possible
to obtain patent protection in some or all of the EPC contracting
states.
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