2.4 Choosing a route: national, European or international
2.4.3Economic factors
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A revised version of this publication entered into force. |
In particular, the separation between search and substantive examination (see points 5.1.002 and 5.1.003) enables you to decide in the light of the European search report (see point 5.2.010) whether it is worth requesting substantive examination.
2.4.008In certain circumstances you may be interested in having your application processed faster, at the search stage or the substantive examination stage or both.
If you file a request for accelerated processing, the EPO will make every effort to reduce the usual processing times as much as it can, under the programme for accelerated prosecution of European patent applications.
GL E‑VIII, 4
2.4.009Your application may be a first filing with the EPO.
As a rule, you will be sent the search report within five months of the date of filing.
2.4.010Like a first filing with a national office, a European first filing gives rise to the right of priority for a national, European or international second filing made in the priority year (see points 4.1.017-4.1.021).
2.4.011Taking into account the fees levied for the European grant procedure, costs for representation by a single agent and the cost of conducting the proceedings in a single language, a European patent as a rule costs about as much as three or four national patents.
2.4.012Information on fees and conditions for fee refunds is provided in points 4.3.010 ff.
2.4.013The European procedure is conducted in one of the three official languages of the EPO (English, French, German), specifically the one in which you choose to file your application or a translation thereof. In addition, if you are from a contracting state whose language is not one of the EPO's official languages, you enjoy certain advantages as regards languages and fees if you use an official language of your contracting state (see points 4.1.008-4.1.011).
2.4.014In the final phase of the European patent grant procedure, however, you are required to file a number of translations. You have to provide the EPO with translations of the claims in its other two official languages. Some contracting states require you to file a translation of the European patent specification or of the claims in one of their official languages, if different from the language of the proceedings, in order for the European patent to take effect there (see point 5.4.023). Further information is available on the EPO website (epo.org).
2.4.015The European patent grant procedure lasts about two to four years from when the application is filed. It breaks down into two main stages. The first comprises formalities examination, search report preparation and the drafting of an opinion on whether the application and the invention to which it relates seem to meet the requirements of the EPC. The second comprises substantive examination.
2.4.016In the first of these stages there is no need for your active involvement unless the Receiving Section finds formal deficiencies or the search division requests clarification of the subject-matter to be searched. However, in the second stage – substantive examination – your application is assigned to an examining division, which usually communicates with you or your representative before deciding whether to grant the patent or refuse the application (see points 5.1.003 and 5.4.001-5.4.022).
Competent preparation of the patent application and of all procedural steps before the EPO is a crucial factor in ensuring that the examination procedure runs quickly and satisfactorily (see point 2.1.003).