European Patent Register

Languages

Entries in the EPR are made in the three official languages of the EPO (A14(8) EPC) even though the entry in the language of the proceedings is authoritative.

Competence

The Legal Division is competent for any decision relating to an entry in the EPR (A20(1) EPC).

Entries in the EPR

The following information is entered in the EPR (A127 EPC together R143(1) EPC) :

  • the number of the European patent application (R143(1) a) EPC) ;
  • the filing date of the application (R143(1) b) EPC) ;
  • the title of the invention (R143(1) c) EPC) ;
  • the classification of the application (R143(1) d) EPC) ;
  • the designated Contracting States (R143(1) e) EPC) ;
  • the designation of:
  • priority information (R143(1) i) EPC) ;
  • the numbers of divisional applications (if any) (R143(1) j) EPC) ;
  • when it is a divisional application or a new application filed in accordance with A61(1) b) EPC, regarding the previous application (R143(1) k) EPC) :

    • the number of the European patent application ;

    • the filing date of the application ;
    • priority information ;
  • the date of publication (R143(1) l) EPC) :
    • of the application and
    • of the European search report ;
  • the date of filing the request for examination (R143(1) m) EPC) ;
  • the date on which the application is refused, withdrawn or deemed to be withdrawn (R143(1) n) EPC) ;
  • the date of publication of the mention of the grant of the European patent (R143(1) o) EPC) ;
  • the date of lapse of the European patent in a Contracting State (R143(1) p) EPC) :
    • during the opposition period and
    • where applicable, until the opposition decision becomes final;
  • the date of filing of the notice of opposition (R143(1) q) EPC);
  • the date and nature of the decision on the opposition (R143(1) r) EPC);
  • the dates of the suspension and resumption of the proceedings (R143(1) s) EPC);
  • the dates of the interruption and resumption of the proceedings (R143(1) t) EPC);
  • the date of re-establishment of rights, provided that an entry has been made pursuant to letters n) or r) (i.e. revocation of a patent in opposition or application refused, withdrawn or deemed to be withdrawn, R143(1) u) EPC);
  • the filing of a request for conversion (R143(1) v) EPC);
  • the establishment of rights in respect of the application or the European patent and the transfer of such rights (if the entry is provided for by the Implementing Regulations, R143(1) w) EPC);
  • the date and nature of the decision on the request for limitation or revocation of the European patent (R143(1) x) EPC);
  • the date and nature of the decision of the Enlarged Board of Appeal on the petition for review (R143(1) t) EPC).

In addition, there are other entries provided for by the President of the EPO (R143(2) EPC together with « Decision of the President of the European Patent Office dated 15 July 2014 concerning entries in the European Patent Register« , OJ 2014, A86) :

  • the fact, where applicable, that no opposition has been filed,
  • the possible date of correction of the patent specification,
  • the date of dispatch of an additional European search report,
  • the date of dispatch of the first communication from the examiner,
  • the date of receipt of the request for re-establishment of rights (restitutio in integrum),
  • the refusal of the request for re-establishment of rights (restitutio in integrum),
  • the designation:
    • of the opponent,
    • of the opponent’s representative,
  • the list of new documents discovered after the establishment of the ESR,
  • for PCT applications for which the EPO is the designated office:
    • the international filing number,
    • the international publication number, and
    • the international publication date.
  • the date on which a request for limitation or revocation of the European patent was filed,
  • the designation of the applicant filing the request for limitation or revocation,
  • the date on which a petition for review by the Enlarged Board of Appeal was filed,
  • the designation of the applicant filing the petition for review,
  • the number of the petition for review,
  • the date on which a divisional application is refused, withdrawn or deemed to be withdrawn, if this results in the non-publication of the latter,
  • the date of dispatch of the first communication from the examining division relating to the earliest application (if issued before 1 April 2014),
  • date of dispatch of a communication from the examining division to which are annexed the results of the search under Rule 164(2) EPC.

End of the possibility of registration

Registrations are possible only until the end of the opposition period or until the end of the opposition procedure (Guidelines A-XI 4).

However, there are some exceptions:

  • if a request for limitation/revocation is filed, registrations are possible during this procedure until its closure;
  • the correction of an inventor can be made at any time (Guidelines A-XI 4).

Time of registration

If the registration relates to a decision subject to appeal, it is only registered in the EPR at the end of the appeal period, or in case of appeal, at the appeal decision (Guidelines E-XII 1).

Consultation of the EPR

Excerpts from the EPR can be requested in exchange for an administrative fee (A3(1) RFR together with the « Schedule of fees and expenses », supplement to OJ 3/2012 point 2.1.5): 55 €.

However, other means of access are possible and free:

  • Register Plus (website, it contains more information than the register, « Communication from the European Patent Office dated 15 August 2006 concerning the arrangements for public inspection and online consultation of the European Patent Register », OJ 2006, 535);
  • On-site consultation at the Munich office, via terminals made available to the public;
  • By telephone to the offices in Munich, The Hague, Berlin, or Vienna (Guidelines A-XI 4).

Public inspection

Opening to public inspection

Principle

The file is open to public inspection from the publication of the patent application (A128(4) EPC).

Consultation before the publication of the application

By the applicant

The applicant can consult a file before publication (A128(1) EPC).

This consultation is possible online via the MailBox function (« Communication from the European Patent Office dated 13 December 2011 concerning the EPO’s online services », OJ 2012, 22 and Guidelines A-XI 2.5)

By a third party

A third party may access a file:

  • if the applicant gives their consent (A128(1) EPC), or
  • if the third party provides evidence that the applicant has « relied on » their European patent application against them (A128(2) EPC).
    • this is the case if the applicant invokes a patent application (e.g., a US application) claiming the priority of this European patent application (J14/91 and Guidelines A-XI 2.5);
    • if the evidence is not provided at the same time as the request, the EPO invites the third party to provide this evidence within a specified time limit, failing which the request will be rejected (Guidelines A-XI 2.5);
    • the applicant then has the right to know the identity of the third party making this request (Guidelines A-XI 2.5);
    • the applicant is heard in order to rule on the request: in case of dispute, a decision is made (subject to appeal) likely by the Legal Division (Guidelines A-XI 2.5).

Special case of divisional applications

If a divisional application or an application filed under A61(1) EPC is published, the file of the parent application is accessible to all (A128(3) EPC, i.e., even if it has been withdrawn).

Documents open to public inspection

Principle

Normally, the following are open to public inspection (A128(4) EPC together with R145 EPC) and can be communicated (R146 EPC) (Guidelines A-XI 2.1):

  • any document from the examination procedure;
  • any document from the opposition procedure;
  • any document from the appeal procedure;
  • the opinion at the search stage.

Also part of the documents open to public inspection:

  • the EPO Register (A127 EPC);
  • third-party observations (Guidelines A-XI 2.1);
  • all documents exchanged with the EPO, including exchanges with the « Quality Support » Directorate (QSD), which may be of interest to third parties (T1691/15).

Exclusion

Are excluded from public inspection (R144 a) EPC to R144 c) EPC) :

  • documents concerning the abstention or challenge of members of the Boards of Appeal or the Enlarged Board of Appeal
  • draft decisions and notifications, or documents used in their preparation;
  • documents concerning the designation of the inventor if they have waived the right to be named.

Furthermore, the following are also excluded (R144 d) EPC together with « Decision of the President of the European Patent Office dated 12 July 2007 concerning documents excluded from public inspection« , OJ 2007, Special Edition No. 3, J.3, A1) :

  • ex officio:
    • medical certificates;
    • documents relating to
      • the establishment of priority documents,
      • public inspection procedures
      • or information drawn from files,
    • requests to exclude documents from public inspection;
    • requests for accelerated search and accelerated examination under the « PACE » program (if submitted using EPO Form 1005 or a separate document).
  • upon a reasoned request from a party or their representative (or ex officio if the condition below is obvious):
    • if public inspection infringes on personal or economic interests (T1534/16) of natural or legal persons that need to be preserved.

If a request is made to exclude a document from public inspection, these documents are provisionally excluded until a final decision (« Decision of the President of the European Patent Office dated 12 July 2007 concerning documents excluded from public inspection« , OJ 2007, Special Edition No. 3, J.3, A1).

If a document is marked « confidential » while not being excluded from public inspection, it is returned to its sender (T516/89 and Guidelines A-XI 2.3).

If it is requested that a document be excluded from public inspection (e.g., because it would reveal trade secrets) while it could inform the public about the patent, the request for exclusion should be rejected (T2522/10).

Public Inspection Procedures

Free Consultation

Procedure

Freely, a third party can consult the file:

  • on the Internet (via Register Plus, « Decision of the President of the European Patent Office dated 20 February 2019 on the arrangements for public file inspection« , OJ 2019, A16);
  • via the delivery of a paper copy or an electronic medium if the file is more than 100 pages (« Decision of the President of the European Patent Office dated 20 February 2019 on the arrangements for public file inspection« , OJ 2019, A16).

It should be noted that it is no longer possible to consult the file on-site in paper format but only on the computers provided.

Fee

Consultation on the Internet or on-site is free (« Schedule of fees and expenses« , supplement to OJ 3/2012 point 2.1.6) as well as the delivery of the file in paper format (« Notice from the European Patent Office dated 20 February 2019 concerning the revision of the EPO’s administrative fees and of various related decisions of the President of the EPO« , OJ 2019, A15).

Communication of Documents

Procedure

Upon request, the EPO may provide:

The time limits for obtaining these copies are generally 4 weeks (« Decision of the President of the European Patent Office dated 20 February 2019 on the arrangements for file inspection« , OJ 2019, A16) ;

Request

There is no specific form requirement for the request under A128(4) EPC (although there is a possible form, Guidelines A-XI 2.2).

It must be filed with one of the EPO receiving offices and include an indication regarding the payment of the fee (see below) (Guidelines A-XI 2.2).

Requests submitted by fax or via the Internet do not need to be confirmed (Guidelines A-XI 2.2).

This request is placed in the file, but in a part not accessible to the public or to the applicant/proprietor (Guidelines A-XI 2.4).

Fee

A fee must be paid for each of the copies (R146 EPC together with the « Schedule of fees and official fees« , supplement to OJ 3/2012 point 2.1.7) or for the requested information (R145(1) EPC together with the « Schedule of fees and official fees« , supplement to OJ 3/2012 point 2.1.9):

  • 11 € for the first 100 pages;
  • 0,07 € for each page from the 101st page;
  • 2,60 € additionally for transmission by fax in Europe;
  • 2,90 € additionally for transmission by fax outside Europe;
  • 55 € for the communication of information contained in the file.

The EPO may require the applicant to use free consultation (rather than the communication of documents), particularly due to the quantity of information to be provided (Guidelines A-XI 3).

Retention of files

The EPO retains files for 5 years at least after the expiration of the year in which (R147(4) EPC) :

  • the application was rejected, withdrawn or deemed withdrawn;
  • the patent was revoked by the EPO;
  • the patent expired in all designated states (i.e., one year after the last payment of the annual fee).

However, the « Notice from the European Patent Office dated June 1, 1990, concerning the retention of files of European patent applications and European patents« , OJ 1990, 365 indicates that files with an appeal or opposition procedure are retained for 25 years from the filing date.

If a file is destroyed, it is no longer possible to consult it even if the European Patent Register can be. Any fee payment aimed at accessing the file will then be refunded, as paid without cause (« Notice from the European Patent Office dated June 1, 1990, concerning the retention of files of European patent applications and European patents« , OJ 1990, 365).

The destruction of the file is not mentioned in the European Patent Register (« Notice from the European Patent Office dated June 1, 1990, concerning the retention of files of European patent applications and European patents« , OJ 1990, 365).

Issuance of certified copies of the file

Upon request, a certified copy of the patent application, the patent specification, or documents in the file can be provided to the applicant or to third parties (if, of course, public inspection is possible) (Guidelines A-XI 5 and « Decision of the President of the European Patent Office dated February 20, 2019, concerning the modalities of public inspection« , OJ 2019, A16).

Fees for certified copies are then charged (« Decision of the President of the European Patent Office dated February 20, 2019, revising the amount of fees and official fees of the European Patent Office« , OJ 2019, A14): 55 € per document.