IP Alert Brevet

Publications, press articles, rankings, awards

1102, 2026

EPO adjusts its fee schedule from April 1, 2026

IP Alert Brevet, Patent, Publications|

1. The EPO will adjust its fee schedule with effect from April 1, 2026. 2.1 Notably, the following fees increase: European Search fee (1520€ to 1595€); the Designation fee (685€ to 720€); Renewal fees; Examination fee (1915€ to 2010€); Grant fee (1080€ to 1135€); Fee for petition for review (3400€ to 3570€); Fee for further processing (300€ to 315€); Fee for re-establishment of rights (750€ to 790€); Claims fee (275€ and 685€ to 290€ and 720€ respectively). The increase of these fees is about 5%. 2.2 However, not all fees are concerned by the increase. In particular, the filing fee, the supplementary

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1310, 2022

National measures accompanying the implementation of the unitary patent

IP Alert Brevet, Patent, Publications, UPC|

It is expected that the Agreement on a Unified Patent Court (UPCA) will enter into force in spring 2023. At the same time the European Union regulation 1257/2012 and 1260/2012 will enter into force relating to the European patent with unitary effect (Unitary Patent) and the translation arrangements. The booklet "National measures accompanying the implementation of the Unitary Patent" is inspired by the online publication "National law relating to the EPC" and contains information regarding the most important national measures accompanying the implementation of the Unitary Patent. It is accessible on the website of the EPO. The booklet contains

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2909, 2022

Systematic top-up search for earlier national rights by the EPO

IP Alert Brevet, Patent, Publications|

The EPO will conduct additional searches to determine earlier national rights and further determine their prima facie relevance starting September 1, 2022. The EPO already carries out a search for prior European patent applications, which are filed before, and published after, the filing date of a European patent application in question. Such earlier European patent applications are relevant for novelty in the sense of Art. 54(3) EPC. As of September 1, 2022, the EPO will further conduct systematic searches to further identify prior national rights and assess their prima facie relevance free of charge. An earlier national right is

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908, 2022

EPO welcomes Montenegro as new member state

IP Alert Brevet, Patent, Publications|

Montenegro accomplished the final step towards acceding to the European Patent Convention on July 15, 2022, and will thus become the 39th member state of the European Patent Organisation from October 1st, 2022. 1. Until now, Montenegro had the status of Extension State and it was thus possible to extend to Montenegro the protection conferred by the European patent applications or patents by paying the corresponding extension fee within six months of the date on which the European Patent Bulletin mentions the publication of the European search report, or, where applicable, within the period for performing the acts required

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607, 2022

EPO survey on grace period

IP Alert Brevet, Patent, Publications|

1. The European Patent Office published recently the result of a survey regarding a grace period for novelty. The EPC requires to date strict novelty for the subject matter of EP patents, rendering publication of claimed subject matter before filing of the EP patent application opposable to the patent irrespective of the question whether the publication stems from the applicant. Other jurisdictions (e.g. US and JP) provide grace period systems that permit obtaining valid patents even if the claimed subject matter was published by the applicant before filing the patent application. The survey assesses the impact of the current strict

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2505, 2022

EPO publishes second edition of the Unitary Patent Guide

IP Alert Brevet, Patent, Publications, UPC|

Background It is expected that the Agreement on a Unified Patent Court (UPCA) will enter into force end of 2022 or beginning of 2023. At the same time the European Union regulation 1257/2012 and 1260/2012 will enter into force relating to the European patent with unitary effect (Unitary Patent) and the translation arrangements. The Select Committee of the Administrative Council of the European Patent Organisation has prepared the secondary legislation, in particular the Rules of procedure relating to Unitary Patent Protection and the Rules relating to the Fees for Unitary Patent Protection. Recently, some of the rules have been

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1205, 2022

Record Filings at the European Patent Office in 2021

IP Alert Brevet, Patent, Publications|

Despite the pandemic filings of European patent applications increased again. 188 600 patent applications were received by European Patent Office (EPO) in 2021, which is an increase of 4.5% in comparison to the previous year. This is the highest number of applications ever filed in one year. The EPO's Patent Index 2021 shows that patent filings rebounded significantly last year after a slight dip in 2020 (-0.6%). In general the number of patent applications is seen as an early indicator of how the budgets of research and development investments of companies worldwide evolve.  Source website of EPO For applications in 2021 the

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1603, 2022

National, regional and international offices to implement the standard WIPO ST.26 for the sequence listings as of july 1, 2022

IP Alert Brevet, Patent, Publications|

The Committee on WIPO Standards (CWS) adopted new WIPO Standard ST.26, which represents nucleotide and amino acid sequences listings in XML, replacing WIPO Standard ST.25. The representation of sequence listings in XML format rather than TXT format intends to improve access to international sequence databases. The new standard further harmonizes sequence listing practice among patent offices and requires mandatory annotation of additional sequence types (nucleotide analogues, D-amino acids, branched sequences), so that more sequence data will be searchable. The filing date (not the priority date) is the reference date that determines if the new ST.26 rules apply. Refiling a

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2102, 2022

UPC and opt-out: definition, advantages and drawbacks

IP Alert Brevet, OPT-OUT, Patent, Publications, UPC|

The present system of European (EP) patents granted by the European Patent Office, has the drawback that the same patent, validated in several states, may lead to several parallel disputes in these jurisdictions. The Unified Patent package creates a unitary effect for European patents encompassing the states that have ratified the Unified Patent Court Agreement (UPCA – to be found here). That is to say, an EP patent with unitary effect will have the same effects in all the states that ratified the UPCA and where said patent has been validated. It also creates a single court (the Unified Patent

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2102, 2022

Le protocole sur l’application provisoire de l’accord JUB

IP Alert Brevet, Patent, Publications, UPC|

Le Protocole à l’Accord relatif à une Juridiction unifiée du brevet sur l’application provisoire (le PAP‑Protocole) a été initialement signé le 1er octobre 2015 pour établir une phase d’application provisoire (PAP) afin d’assurer « une transition en douceur vers la phase opérationnelle et garantir le bon fonctionnement de la Juridiction unifiée du brevet avant l’entrée en vigueur de l’Accord ».

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2102, 2022

German Federal Constitutionnal Court’s decision

IP Alert Brevet, Patent, Publications|

By order of June 23, 2021, the German Federal Constitutional Court (FCC) rejected two applications for preliminary injunction against the Act of Approval that was adopted on December 18, 2020, for the purposes of ratifying the Agreement of 19 February 2013 on a Unified Patent Court (UPC Act of Approval). This decision was highly expected because the process of ratification of the UPC Act of Approval and thus, the establishment of the UPC has been delayed until the ruling of the Court. The violation of fundamental rights alleged by the plaintiffs is considered by the FFC insufficiently asserted and

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2102, 2022

How to select the european patent with the unitary effect (Unitary Patent)

IP Alert Brevet, Patent, Publications, UPC|

Unitary Patent a unique protection for 17 states in Europe With the recent ratification of Austria, the European Patent with unitary effect (“Unitary Patent”) will be introduced soon. This title enables to get a patent protection by many European states. Presently 17 states have ratified the agreement and will participate with the Unitary Patent, namely Austria, Belgium, Bulgaria, Denmark, Estonia, Finland, France, Germany, Italy, Latvia, Lithuania, Luxembourg, Malta, the Netherlands, Portugal, Slovenia, Sweden, see https://www.epo.org/law-practice/unitary/unitary-patent.html. The Council Regulation No 1257/2012 (hereafter “Unitary Patent Regulation”) sets out the details of the unitary patent. In particular it states that only a European patents having the

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2102, 2022

Le gouvernement fédéral allemand a officiellement ratifié la loi d’approbation de la JUB le 13 août

IP Alert Brevet, Patent, Publications, UPC|

La publication de la loi au Journal officiel fédéral met enfin un terme aux complications juridiques qui bloquaient le processus de ratification allemand et, par conséquent, l’établissement de la Juridiction unifiée du brevet (JUB). Mais cela ne signifie pas que la JUB peut enfin commencer à fonctionner. Avant que la JUB ne puisse réellement ouvrir ses portes, la phase préparatoire doit débuter. L’Allemagne prévoit de ratifier le Protocole sur l’application provisoire au début de l’automne. Selon ce Protocole, certaines parties de l’Accord JUB seront appliquées provisoirement avant son entrée pleinement en vigueur. Pour que ce Protocole entre en vigueur,

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2102, 2022

The current state of play towards the set up of the Unified Patent Court

IP Alert Brevet, Patent, Publications, UPC|

The Unified Patent Court Agreement will enter into a provisional preparatory stage once 13 signatory states of the Agreement including Germany, France and the United Kingdom and having ratified said Agreement have ratified or expressed their consent to be bound by the Protocol on Provisional Application (A.3(1) of the Protocol). France ratified the Agreement and also ratified the Protocol on 23 May 2017. Lately (27th September 2021), Germany deposited its instrument of ratification of the Protocol and is expected to ratify the Agreement once the preparatory work has progressed sufficiently and the participating Member States are confident that the

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1702, 2022

EPO announces raise of fees from 1 april 2022

IP Alert Brevet, Patent, Publications|

The EPO’s Rules relating to Fees have been amended by decision of the Administrative Council of 15 December 2021. The amended version of the Rules relating to Fees is applicable as from 1 April 2022. An evaluation of the fee adjustments indicates a general increase of about 2.5% for most fees. Raised fees concern in particular the fees for: - Filing fee (EP regional phase) : 130 EUR (increased by 5 EUR), - Filing fee (direct EP application) : 130 EURO (increased by 5 EUR), - Search fee : 1390 EUR (increased by 40 EUR), - Designation fee: 630 EUR (increased by 20 EUR),

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802, 2022

Preparation for the european patent with unitary effect at the EPO

IP Alert Brevet, Patent, Publications|

The European Patent with unitary effect (“Unified Patent”) will be introduced soon. The final stage of the preparatory work will be accomplished by the end of this summer and the final missing ratification will then be deposited by Germany. In order to give applicants the possibility to obtain Unitary patent protection for EP applications that are scheduled for grant between the deposit of the final ratification and the entering into effect of the Unified Patent, the EPO announced the following measure for deferring grant. For applications for which a notification under Rule 71(3)EPC has been issued, the applicant may

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1301, 2022

Artificial intelligence system DABUS

IP Alert Brevet, Patent, Publications|

Artificial intelligence system called DABUS cannot be named as inventor according to Decisions J 8/20 and J 9/20 of the Board of Appeal of the EPO Legal background Article 81 EPC stipulates that the European patent application shall designate the inventor. Article 60 defines that the right to a European patent shall belong to the inventor or his successor in title. Rule 19(1) EPC defines that the request for grant of a European patent shall contain the designation of the inventor. Present case An applicant has filed two patent applications in which an artificial intelligence system called DABUS was

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1312, 2021

European Patent Office rated top for patent and service quality

IP Alert Brevet, Patent, Publications|

The Intellectual Asset Management (IAM) once again initiated a benchmarking survey and let users vote among the world's five largest patent offices for the quality of its patents and services. Again, the EPO has topped the survey this year in both categories like it has ever since this annual survey was started by IAM in 2010. The survey’s results showed that 26 % of the participants rate patents of the EPO as "excellent". This is in increase from 23% last year and places the EPO well ahead of the other IP5 offices. The respondents also agreed that the EPO

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