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Grant procedure before the European Patent Office


The grant procedure before the European Patent Office (EPO) is an ex parte, administrative procedure, which includes the filing of a European patent application, the examination of formalities, the establishment of a search report, the publication of the application, its substantive examination, and the grant of a patent, or the refusal of the application, in accordance with the legal provisions of the European Patent Convention (EPC). The grant procedure is carried out by the EPO under the supervision of the Administrative Council of the European Patent Organisation. The patents granted in accordance with the EPC are called European patents.

In other words, the grant procedure before the EPO is the procedure leading to the grant of a European patent or to the refusal to grant a European patent. The procedure starts with the filing of an application and ends with the grant of a European patent or the refusal of the patent application by the EPO, or the withdrawal of the application by the applicant, or its deemed withdrawal. The prosecution of European patent applications until grant typically takes several years.

European patent applications can be filed at the EPO at Munich, Germany, at The Hague, Netherlands, at Berlin, Germany, or "if the law of a Contracting State so permits, at the central industrial property office or other competent authority of that State". This latter provision is important in some countries. For example, in the United Kingdom, it used to be required to obtain clearance for all inventions but now it is only prohibited for a UK resident to file an overseas patent application for inventions in certain sensitive technical areas without obtaining clearance through the United Kingdom Intellectual Property Office first. European patent applications cannot be validly filed at the EPO in Vienna, Austria.


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