Driver 3: High-quality products and services

Over the last 50 years, the EPO has earned a global reputation for the high quality of its products and services – a reputation that is built on the solid foundation of the European Patent Convention, the dedication of our highly skilled staff and co-operation with our users and member states. This quality is attested to by the fact that out of approximately 100 000 yearly grants, only 180 will result in the full revocation of the patent by decision of the Boards of Appeal. 

In the face of the rising number of patent applications, increasing complexity in cases and the rise of computer implemented inventions and artificial intelligence, the EPO will continue to delivering excellence throughout the Patent Granting Process (PGP) and improving on the high-quality and timeliness of our products and services. 

Read Driver 3 in full

Digitalise our process, improve our digital tools and use AI

With SP2028, the EPO will replace older tools in examination and opposition so that they support a more collaborative, interactive and less sequential process. The MyEPO platform will transition away from the legacy Mailbox and users will be supported in that move. MyEPO will be enhanced with the availability of more services and with developments to help spot and prevent errors through on-screen guidance before applications or requests are submitted. Similarly, users will be encouraged to move from the legacy filing tool eOLF to the new Online Filing 2.0, which will be integrated into MyEPO. This will allow eOLF to be decommissioned along with incoming faxes.  

In the context of the user-centric approach, the User Satisfaction Surveys carried out every two years by an independent contractor will continue to track the views of users on online services. 

KPI targets

Decommission legacy Mailbox and My Files by 30 June 2024

Decommission incoming faxes in the PGP by 30 June 2024

Decommission smart cards by 31 December 2024

Decommission of internal legacy search tools by end of Q1 2025

90% or more User Satisfaction surveys respondents rate our online services as good or very good

Simplify our processes and procedures

The EPO will continue to engage with the external user community to promote exchanges in the electronic environment.  

In SP2028, early interactions in examination will continue to be promoted through the MyEPO tool. The EPO believes this offers significant opportunities for improving the quality of the end product and increasing efficiency for the applicant, their representative and the Office. 

Reskill and train

Under SP2028, the EPO will ensure the full use of individual development plans, with staff working with their manager to identify the most suitable training development opportunities. Examiners will also receive support in sitting relevant – or all – modules of the new European qualifying examination (EQE) and our formalities officers the new European patent administration certification (EPAC). The EPAC will also be improved to include a broader range of skills necessary to support the patent granting process (PGP) as the nature of the formalities work changes in the increasingly digital environment. 

Maintain timeliness: bringing certainty to the market

Under SP2028, the EPO will implement and track key performance indicators related to timeliness in search, grant and opposition, as well as divisionals and end-to-end timeliness. The programme for accelerated prosecution of European patent applications will be updated to fit the digital age and relaunched as a new service, while together with users the EPO will explore options for an enhanced third-party observation process.  

KPI targets

Search timeliness – 90% of all standard¹ search reports to be completed within six months by the end of SP2028

Examination timeliness – 70% of standard² examination files to be granted within 36 months of examination request throughout SP2028

Opposition timeliness – 75% of standard³ oppositions to be completed within 18 months by the end of the SP2028

End-to-end timeliness – 75% of standard cases to be granted within 48 months of request for an EP patent⁴ throughout the period of SP2028

End-to-end timeliness divisionals – 80% of standard⁵ cases to be granted within 48 months of request for an EP patent throughout the period of SP2028

 

¹ Standard searches exclude (1) non-unity, (2) unclear and (3) incomplete cases.
² Standard examinations exclude cases with (1) more than one request for extension to reply, (2) more than one late fee payment and (3) rescheduling of oral proceedings.
³ Standard oppositions exclude cases with (1) multiple opponents, (2) legal members to take evidence and (3) rescheduling of oral proceedings or multiple oral proceedings taking place. 1 Standard cases are applications with a standard examination – for EP direct: time to grant from European filing date/for PCT: time to grant from entry into the European phase.
⁴ Standard cases exclude cases with (1) more than one request for extension to reply, (2) more than one late fee payment and (3) rescheduling of oral proceedings.
⁵ Standard cases exclude cases with (1) more than one request for extension to reply, (2) more than one late fee payment and (3) rescheduling of oral proceedings.

Deliver high-quality products at every stage of the PGP – complete, correct and consistent

Considering the explosion of non-patent literature and patent literature, the EPO will continue to expand the use of AI-based technologies to assist us in the accurate and timely classification of prior art, automating the work to increase quality, speed and efficiency. All legacy classification tools will be decommissioned, with all classification activities integrated into the EPO's search tool, ANSERA, and Patent Workbench.   

KPI targets

Classification – accuracy of classification to be at or above 95%

Classification of defined prior art within four months of publication

SP2028 will see us continue to focus on this digital transformation of the formal aspects of patent applications, including looking at the quality of the free text communications, the correct handling of sequence listings and demands for entry into PCT Chapter II.  

KPI targets 

Formalities – operational quality control for Receiving Section – above 90%  

Formalities – operational quality control for opposition – above 90%

The EPO will continue to improve its AI-based Digital File Allocation tool to ensure the right file gets to the right examiner and division at the right time, increasing accuracy and efficiency.   

KPI target

90% accuracy of our AI-based file allocation

In the next five years the EPO will further refine and improve the pre-search algorithms with the assistance of AI, helping the search division to identify the most relevant prior art more accurately and efficiently and to assess its relevance for the case in question. We will strengthen and further harmonise our assessment of novelty and inventive step, also when there are other deficiencies such as clarity. To ensure our written opinions are comprehensive, we will focus on addressing fall-back positions.   

KPI targets

Less than 5% of audited searches and written opinions with an incorrect assessment of novelty or inventive step in 2024 

Less than 4% of audited searches and written opinions where more relevant prior art was found by the auditor in 2024 

80% or more USS respondents rate our search products as good or very good

In addition to the improvement of the examination tools and the development of the "shared area", under SP2028 we will continue to increase the thoroughness and consistency of examination through the use of the harmonisation dashboard, which will help monitor our progress in applying the EPC and prompt areas for further investigation, discussion and possible action. In 2024, we will evaluate our approach to dealing with third-party observations across the operational teams to ensure that this is consistent and in line with the practice as set out in the guidelines. We will also set up a discussion with SACEPO members on the topic of clarity and our approach to raising objections under this heading as well as set out more detailed KPIs which will be closely monitored to track thoroughness and consistency.   

KPI targets

Less than 5% of audited grants with an incorrect assessment of novelty or inventive step in 2024 

Less than 5% of audited grants with findings on added subject-matter in 2024

80% or more USS respondents rate our examination products as good or very good

New KPI to be developed by end of 2024 on Boards of Appeal decision on ex parte refusals

During SP2028 we will further develop the digital interaction process with the parties in the opposition process by further optimising the oral proceedings environment through the shared area (now active in examination), by looking into the potential of new AI-based tools, for example, to support minute writing, and by investments in more structured opposition communications, Furthermore, we want to have a more systematic analysis and review decisions in appeal to identify quality improvement and learning points. To monitor our progress, we will define a new KPI to identify trends in appeal outcomes from opposition decisions.  

KPI target

New KPI to be developed by end of 2024 on Boards of Appeal decisions on opposition 

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Quality is a shared responsibility and the result of collaboration between all stakeholders.   

In SP2028, the EPO intends to further reinforce the SACEPO Working Party on Quality as the primary forum for active engagement with the EPO on quality topics. Given their importance in our quality dialogue, an enhanced concept for Stakeholder Quality Assurance Panels (SQAPs) will be launched. This will include an increase in the number of SQAPs, greater diversity of participants and greater transparency, as well as measures in place that allow the Office to track progress so that all stakeholders know we are headed in the right direction.   

As we journey into SP2028, the process of revising the Examination Guidelines will become even more transparent. Forthcoming revision topics will be communicated clearly, well in advance, allowing users ample time to prepare and provide feedback. Results of consultations will also be published, as well as annual reports on the revision cycle to the Patent Law Committee, and we will strengthen our commitment to the clarity and readability of our Guidelines.   

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Target to consult SACEPO WP Quality on the usefulness of SQAPs in 2025

Quality begins at source, from the very moment an application is drafted. The European qualifying examination (EQE) ensures that the knowledge and skills of professional representatives are properly developed and certified so they can provide the highest quality services to patent applicants.  

During SP2028, we will work closely with the epi to implement the examination and the training supporting the EQE. Sitting the new EQE will be made more flexible and convenient for candidates and their professional development, and the reform will broaden the appeal of the EQE to a wider audience, including staff of the EPO.  

The Office will seek a balance of EQE candidates from across member states by building upon the progress made under the candidate support programme (CSP) to develop a new programme with increased outreach and a greater impact. 

In SP2028, we will consolidate the European patent administration certification (EPAC) as the benchmark for professional development for paralegals and formalities officers. Further developing the EPAC and widening its appeal to attract a broader spectrum of participants from industry practitioners and staff of IP offices will be focal points.