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<<<< Freebies: a Hitch-Hikers Guide to the IP System (continued) _________________________________________________________________ Third Party Observations at the EPO Compared to the fees paid by the applicant/patentee, filing opposition against a European Patent is inexpensive (Official fee €800.-). However, the overall efforts and costs for managing an opposition can be high. Sometimes referred to as "poor man's opposition", the filing of observations at the EPO is allowed without payment of an official fee (Article 115EPC). The observations should introduce materials relevant to patentability along with an explanation of their relevance. The observations are transmitted to the applicant by the EPO, and the EPO Examiner can raise an objection based on the observations if he sees fit. The observing party does not take part in the proceedings, but with free on-line file inspection now available, it is easy to follow the procedure. Observations can be filed after publication of the EP application and, to be effective, ought be filed before acceptance. The PCT has no mechanism for filing observations, but observations should be placed in a Euro-PCT file even before the applicant has entered the regional phase. Observations can also be filed during a pending opposition or appeal at the EPO. In case a patent is granted despite the filing of observations, this is no bar to later filing an opposition. _________________________________________________________________ <<<< Previous © Cronin Intellectual Property Next >>>> 12 June 2004 | |||||||||||||||||||||||||||||||||
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