December 2007 marked the introduction of a new piece of legislation created by the European Patent Organisation known as EPC 2000.  The implications are quite wide ranging and have some beneficial cost and timing implications along with greater flexibility in some instances.

Below, we have summarised within a few bullet points the impact the legislation will have. Also attached should you prefer it, is a more lengthy explanation. If you would like to discuss this subject matter or indeed anything else in more detail then please contact us and we will arrange a mutually convenient meeting or telephone conversation.

Main changes under EPC 2000

• Re-establishment of rights available if the priority deadline is missed. Must be requested by 14 months from priority date.
• Swiss-style claims no longer needed for second medical uses. Use form "X for use in the treatment of disease Y".
• EP Patent Applications filed before but published after the priority date of a second application will now be prior art (for novelty purposes only) for all contracting states, not just those states designated in both applications.
• Now possible to file an EP application in any language. Translation into French, German or English required within 2 months. Now possible to use further processing when a deadline is missed in a much wider range of circumstances, rather than re-establishment of rights.
• Post grant amendment possible. The amendment will not be examined for novelty or inventive step but it must narrow the scope of the claims. No need to give a reason as to why amendment is requested.
• Possibility of having Technical Board of Appeal Decisions reviewed by Enlarged Board of Appeal.

Karl Barnfather
December 2007

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EPC 2000 13 Dec 2007.pdf