New scheme to improve legal certainty on pending applications

2014/07/07

Starting this month the EPO is introducing a new scheme to improve legal certainty on pending patent applications.


Under the "Early Certainty from Search" scheme, the EPO will aim to issue all search reports and written opinions on patentability within six months of filing; prioritise completing already started examination files over beginning new files; and expedite grants after a positive search opinion has been issued.


The Office will seek to prioritise processing on those cases where substantiated observations are filed by third parties who identify themselves. Handling of oppositions, limitations and revocations is also to be prioritised.


The new scheme will benefit companies and inventors seeking patent protection in Europe by ensuring the timely delivery of all search reports and opinions for patent applications, giving them a sound basis for their patenting strategies early on. It will also benefit the general public by enhancing the transparency of pending patent rights in Europe, providing an overview of prior art and patentability early on in the procedure.


The implementation of the scheme enjoys support from users of the patent system expressed in consultation throughout 2014.


(Source: EPO News)