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Third-party observations
According to Article 115 of the European Patent Convention, any person can submit their observations regarding a European patent application, or a European patent pending before the European Patent Office (EPO), in order to contribute relevant information to the examiners at the EPO. Such submissions are called third-party observations (TPOs) and serve as a valuable tool in the patenting process.
TPOs have an accelerating effect on a patent application. Submitting non-anonymous, well-supported observations pursuant to Article 115 and Rule 114 EPC substantiating a lack of patentability during examination can expedite the next Office Action from the EPO. This mechanism differs from the submission of a PACE request, as it only accelerates the next substantive communication from the EPO.
TPOs, which are sent to both the examiner and to the applicant for consideration and comment, not only help to prevent a patent from being wrongly granted, but can also lead to the amendment of patent claims. s Alongside the possibility of amendments to the patent claims, a TPO may also result in the granting of a patent with a lesser scope of protection.
Third-party observations can relate to patentability, novelty, inventive step, sufficiency of disclosure, lack of clarity, or amendments that are not allowed as per the rules. Observations must be filed while the proceedings are still ongoing to effectively influence the examination. TPOs filed after a patent has already been granted will be neither considered nor made available for file inspection.
TPOs are typically submitted using an online form via the EPO website, with no official fee required to be paid for the submission. They must be filed in one of the official languages of the EPO (English, German or French) and explain the grounds on which they are based. The supporting documents may be filed in any language, although the EPO may request the translation within a prescribed time period.
TPOs may be submitted anonymously, yet it is important to note that the submitting party mustn't already be a part of the proceedings and are not permitted to join the proceedings following the filing of the TPO. The EPO will not directly inform the filing party of any further action that was taken in response to their TPO, however the outcome will be confirmed in the office actions and published by the EPO.
Third-party observations are important in ensuring that the patent examination process is strong and accurate. By welcoming contributions from external parties, the EPO gains diverse knowledge and expertise, enhancing the examination process and making sure that granted patents meet high standards within the European Union.
Related articles
Under the Patent Cooperation Treaty (PCT), applicants must enter the national or regional phase of the application process within a specified timeframe—usually 30 or 31 months from the priority date (earliest filing date). This timeframe varies slightly by country or region and is crucial for preserving patent rights in each designated jurisdiction. Some jurisdictions allow for extensions or reinstatements of rights under specific conditions, often involving additional fees.
Below is a detailed chart of the national phase deadlines for each PCT contracting state and regional office under Chapter I (Article 22) and Chapter II (Article 39(1)) procedures, including footnotes that highlight exceptions, regional considerations (e.g., ARIPO, EPO, OAPI), and special cases:
Designated/Elected Office |
Chapter I (under PCT Article 22) |
Chapter II (under PCT Article 39(1)) |
|
---|---|---|---|
AE | United Arab Emirates | 30 | 30 |
AG | Antigua and Barbuda | 30 | 30 |
AL | Albania1 | 31 | 31 |
AM | Armenia2 | 31 | 31 |
AO | Angola | 30 | 30 |
AP | African Regional Intellectual Property Organization4 | 31 | 31 |
AT | Austria1 | 30 | 30 |
AU | Australia | 31 | 31 |
AZ | Azerbaijan2 | 30 | 31 |
BA | Bosnia and Herzegovina | 34 | 34 |
BB | Barbados | 30 | 30 |
BG | Bulgaria1 | 31 | 31 |
BH | Bahrain | 30 | 30 |
BN | Brunei Darussalam | 30 | 30 |
BR | Brazil | 30 | 30 |
BW | Botswana6 | 31 | 31 |
BY | Belarus2 | 31 | 31 |
BZ | Belize | 30 | 307 |
CA | Canada | 3015 | 3015 |
CH | Switzerland1, 9 | 30 | 30 |
CL | Chile | 30 | 30 |
CN | China | 30 (32)8 | 30 (32)8 |
CO | Colombia | 31 | 31 |
CR | Costa Rica | 31 | 31 |
CU | Cuba | 30 | 30 |
CZ | Czech Republic1 | 31 | 31 |
DE | Germany1 | 31 | 31 |
DJ | Djibouti | 30 | 30 |
DK | Denmark1 | 31 | 31 |
DM | Dominica3 | 30 | 30 |
DO | Dominican Republic | 30 | 30 |
DZ | Algeria | 31 | 31 |
EA | Eurasian Patent Organization | 31 | 31 |
EC | Ecuador | 31 | 31 |
EE | Estonia1 | 31 | 31 |
EG | Egypt | 30 | 30 |
EP | European Patent Organisation10 | 31 | 31 |
ES | Spain1 | 30 | 30 |
FI | Finland1 | 31 | 31 |
GB | United Kingdom1 | 31 | 31 |
GD | Grenada3 | 30 | 30 |
GE | Georgia | 31 | 31 |
GH | Ghana6 | 30 | 30 |
GM | Gambia6 | 30 | 31 |
GT | Guatemala | 30 | 30 |
HN | Honduras | 30 | 30 |
HR | Croatia1 | 31 | 31 |
HU | Hungary1 | 31 | 31 |
ID | Indonesia | 315 | 315 |
IL | Israel | 30 | 30 |
IN | India | 31 | 31 |
IQ | Iraq3 | 30 | 30 |
IR | Iran (Islamic Republic of) | 30 | 30 |
IS | Iceland1 | 31 | 31 |
IT | Italy1 | 3016 | 3016 |
JM | Jamaica | 30 | 30 |
JO | Jordan | 30 | 30 |
JP | Japan | 30 | 30 |
KE | Kenya6 | 30 | 30 |
KG | Kyrgyzstan2 | 31 | 31 |
KH | Cambodia | 30 | 30 |
KN | Saint Kitts and Nevis | 30 | 30 |
KP | Democratic People’s Republic of Korea | 30 | 30 |
KR | Republic of Korea | 31 | 31 |
KW | Kuwait | 30 | 30 |
KZ | Kazakhstan2 | 31 | 31 |
LA | Lao People’s Democratic Republic | 31 | 31 |
LC | Saint Lucia3 | 30 | 30 |
LK | Sri Lanka | 30 | 30 |
LR | Liberia6 | 30 | 31 |
LS | Lesotho6 | 30 | 31 |
LU | Luxembourg1 | 2011 | 30 |
LY | Libya3 | 30 | 30 |
MA | Morocco | 31 | 31 |
MD | Republic of Moldova | 31 | 31 |
ME | Montenegro3 | 30 | 30 |
MG | Madagascar | 30 | 30 |
MK | North Macedonia1 | 31 | 31 |
MN | Mongolia | 31 | 31 |
MW | Malawi6 | 30 | 30 |
MX | Mexico | 30 | 30 |
MY | Malaysia | 30 | 30 |
MZ | Mozambique6 | 31 | 31 |
NA | Namibia6 | 31 | 31 |
NG | Nigeria | 30 | 30 |
NI | Nicaragua | 30 | 30 |
NO | Norway1 | 31 | 31 |
NZ | New Zealand | 31 | 31 |
OA | African Intellectual Property Organization12 | 30 | 30 |
OM | Oman | 30 | 30 |
PA | Panama | 30 | 30 |
PE | Peru | 30 | 30 |
PG | Papua New Guinea | 31 | 31 |
PH | Philippines | 30 (318) | 30 (318) |
PL | Poland1 | 30 | 30 |
PT | Portugal1 | 30 | 30 |
QA | Qatar | 30 | 30 |
RO | Romania1 | 30 | 30 |
RS | Serbia1 | 3013 | 3013 |
RU | Russian Federation2 | 31 | 31 |
RW | Rwanda3, 6 | 30 | 30 |
SA | Saudi Arabia | 30 | 30 |
SC | Seychelles | 31 | 31 |
SD | Sudan6 | 30 | 30 |
SE | Sweden1 | 31 | 31 |
SG | Singapore | 3014 | 3014 |
SK | Slovakia1 | 31 | 31 |
SL | Sierra Leone6 | 31 | 31 |
ST | Sao Tome and Principe3, 6 | 30 | 30 |
SV | El Salvador | 30 | 30 |
SY | Syrian Arab Republic | 31 | 31 |
TH | Thailand | 30 | 30 |
TJ | Tajikistan2 | 30 | 31 |
TM | Turkmenistan2 | 30 | 31 |
TN | Tunisia | 30 | 30 |
TR | Türkiye1 | 30 (338) | 30 (338) |
TT | Trinidad and Tobago | 30 | 31 |
TZ | United Republic of Tanzania6 | 2111 | 31 |
UA | Ukraine | 31 | 31 |
UG | Uganda6 | 30 | 31 |
US | United States of America | 30 | 30 |
UZ | Uzbekistan | 31 | 31 |
VC | Saint Vincent and the Grenadines | 31 | 31 |
VN | Vietnam | 31 | 31 |
WS | Samoa | 31 | 31 |
ZA | South Africa | 31 | 31 |
ZM | Zambia6 | 30 | 30 |
ZW | Zimbabwe6 | 30 | 31 |
- 1. If designated for a European patent, see EP as designated Office for the applicable time limits.
- 2. If designated for a Eurasian patent, see EA as designated Office for the applicable time limits.
- 3. In the absence of information from the Office concerned, the time limits shown are those which would normally apply under PCT Articles 22(1) and 39(1)(a). If the Office decides to apply longer time limits, that information will be published in the PCT Newsletter.
- 4. ARIPO acts as designated office for the following State which does not act in the capacity of designated office: SZ.
- 5. This time limit may be extended provided that the applicant pays an additional fee for late entry into the national phase.
- 6. If designated for an ARIPO patent, see AP as designated office for the applicable time limits.
- 7. May be extended upon written request of the applicant.
- 8. Time limit applicable if applicant pays an additional fee for late entry into the national phase.
- 9. Swiss Office acts as designated one for the following State which does not act in the capacity of designated office: LI.
- 10. EPO acts as designated office for the following States which do not act in the capacity of designated office : BE, CY, FR, GR, IE, LT, LV, MC, MT, NL, SI, SM.
- 11. This Office has notified the International Bureau of the non-applicability of the 30-month time limit under PCT Article 22(1), as modified with effect from 1 April 2002 – it does not yet apply the 30-month time limit for entering the national phase.
- 12. OAPI acts as designated office for the following States which do not act in the capacity of designated office : BF, BJ, CF, CG, CI, CM, GA, GN, GQ, GW, KM, ML, MR, NE, SN, TD, TG.
- 13. The time limit may be extended by 30 days if the applicant pays an additional fee for late entry into the national phase.
- 14. The time limit may be extended by up to 18 months provided the applicant pays the prescribed fee.
- 15. Up to 12 months after the 30-month deadline (30 months from the priority date) the applicant can request reinstatement of rights provided that he/she pays the fee for reinstatement of rights and meets the other requirements outlined in subsection 154(3) of the Canadian Patent Rules for the reinstatement of rights.
- 16. For international applications filed on or after July 1, 2020.
The European Patent Office (EPO) is a regional intellectual property office which contributes to a unified patent system across member states, streamlining the process for the protection of patents across the region. It is headquartered in Munich, Germany, with several other branch offices present in cities across Europe.
The EPO is the executive arm of the European Patent Organisation, an intergovernmental structure established on October 7, 1977, on the basis of the European Patent Convention (EPC) signed in 1973. The organization has grown to include all 27 member states of the European Union, alongside other non-EU states, bringing the total number of EPO member states to 39 inclusive of 44 respective countries.
The EPO operates alongside the EPC, a treaty which provides a legal framework for the granting of European patents by way of a single, harmonized procedure before the EPO. This mechanism allows the EPO to function as a centralized patent office for European member states, allowing applicants to file for protection of their inventions via a more simplified route when compared with filing for patent protection separately in each respective country. As such, the EPO plays a pivotal role in the intellectual property field of the region.
The EPO operates in three official languages, namely English, French and German, and patent applications may be filed in any of the three official languages.
One of the core functions of the EPO is to provide for the examination and granting of patents for inventions, with examiners from the Office assessing applications as per the necessary criteria such as a patent possessing novelty, industrial applicability and an inventive step.
Further establishing its role in the international IP landscape, the EPO is also actively involved in multiple international patent co-operations, with the office notably constituting one of the members of the Patent Cooperation Treaty (PCT). The PCT streamlines the process for the filing of international patent applications and facilitates the exchange of information and prior art. Moreover, the EPO has forged further collaborations with approximately 75 IP offices and regional IP organizations across the globe.
The Office has also formed cooperative validation agreements with five non-member states, namely Cambodia, Georgia, Moldova, Morocco and Tunisia. These agreements allow applicants to file for patent protection via the harmonized procedure before the EPO as they would when seeking patent protection in member states (either directly or via the Euro-PCT route), however applicants may request patent validation in the 5 aforementioned states despite them being non EPC members. The validation of a European patent in such states will have the same effect as a national patent would in each state respectively, and is available upon paying the corresponding fee.
Applications for patents in validation states are subject to the national laws of each respective state, however the state itself will not conduct examination, with the examination results conducted by the EPO being utilized instead.
The EPO plays an important role in the IP sphere on both an European regional level, and on an international level. Beyond its patent granting function, the EPO supports innovation by providing access to extensive patent databases and resources. As well as applicants and inventors, others such as researchers and policymakers can utilize data produced by the EPO to analyze and monitor patterns and trends in the field of technology to make informed decisions with respect to their patent portfolio, prospective applications, and future innovation.
Further, the work produced by the EPO and the quality of examination of patents has a direct impact on economic development and innovation in Europe. The EPO therefore aids in facilitating the encouragement of investment in research and development, fostering economic growth and technological advancement in the European region.
If you are interested in filing for patent protection by way of the EPO or Euro-PCT, or simply would like to learn more, contact us via our website or social media platforms.
Filing a patent application is a crucial step in protecting your invention. However, understanding exactly what needs to go into a patent application can be challenging. Each country or region has its own format and rules, but there are core elements that most applications share. This guide breaks down the key components of a patent application to help you navigate the process more easily.
Every patent application should start with general information such as:
· The name and address of the applicant(s)
· Details of any legal representative or agent
· Information specific to the invention itself
These details are usually provided through accompanying forms or cover sheets, depending on the requirements of the jurisdiction.
The core of the technical information is found in what's called the patent specification. This is where the invention is described in detail.
Key Parts of a Patent Application
1. Patent Title
This is the official name of your invention. It should be short, factual, and avoid giving away confidential or novel aspects of your idea, since the title becomes public once the application is submitted.
2. Field of the Invention
Briefly state the type of technology or area your invention belongs to. For example:
“The invention relates to heating technology, specifically systems for heating and cooling.”
3. Background of the Invention
Here you can mention any existing technology (known as “prior art”) related to your invention. The background helps show what problem your invention solves and how it differs from what already exists.
4. Statement of the Invention
This section gives a formal description of what your invention is and the general scope of protection you’re seeking. It usually includes broad definitions similar to those found in the claims section.
5. Drawings (if applicable)
Drawings help visually explain how your invention works. They don’t need to be artistically perfect, but they should be clear and labeled properly.
Each drawing should be listed with a brief explanation of what it shows, usually in a section before the main description.
6. Abstract
The abstract is a short summary of the main features of your invention. It helps others, like patent examiners and researchers, quickly understand the essence of your invention. The abstract should be accurate and reflect what is detailed in the rest of the application.
7. Description
This is one of the most important sections. It explains how the invention works and how it can be used in practice. This part should include examples or “embodiments” that help someone skilled in the field replicate your invention.
For instance, if your patent is about a cooling system, the description should provide enough detail for a heating engineer to understand and build it—without over explaining things professionals would already know.
Be thorough: leaving out critical information could cause delays or even rejection of your application.
8. Patent Claims
This is the heart of the patent application. The claims define exactly what your invention protects. They outline the technical features that distinguish your invention and what others cannot copy if the patent is granted.
There are two types of claims:
· Independent claims: Broad claims that define the core of your invention.
· Dependent claims: These refer back to an earlier claim and add more detail or limitations.
Each claim should be written as one sentence and must be clear and precise. The first claim is usually the most general, with the others building on it.
Drafting claims is a complex task that significantly affects the success and strength of your patent. It’s highly recommended to work with a patent attorney or legal professional to ensure your claims are well-written and enforceable.
As such, filing a patent application is a detailed process that requires both technical and legal expertise. While it’s possible to draft and submit an application yourself, professional support can make a big difference—especially when it comes to the claims section.
If you need help with filing a patent or want to learn more about the process, feel free to reach out to us via social media, email, or our website contact page. Our team at IP-Coster is here to assist!
Filing for patent protection can be a complex and time-consuming process, but knowing where to start can alleviate some of the pressure for new applicants.
Initial Stages
One of the most crucial elements in the early stages of filing is grasping an understanding of the patent system itself, particularly in each country or region that you wish to obtain protection in.
As both individual countries and states, as well as regional patent systems, possess varying filing requirements and regulations, one of the most important first steps to consider are the jurisdictions in which protection would be sought for your invention. In order to do so, it may be necessary to consider the invention itself and the potential market(s) in which it could be placed.
In order to effectively evaluate and consider the IP legislation and regulations of any jurisdiction of interest, it is advisable to consult with a patent attorney or agent who is well-versed in the patent laws of that particular state. The greater understanding of the requirements of each country or region that you wish to obtain protection in, the better, as a more comprehensive and thought out application may prevent potentially time consuming and costly office actions later on.
Searches
A vital part of the initial stages of the patent protection process is the conducting of patentability and prior art searches. Such comprehensive searches should be undertaken prior to the drafting of a patent application to ensure that your invention is unique (novel) and does not infringe on existing patents. Moreover, you will be unsuccessful in obtaining a patent if your invention has already been publicly disclosed, however most jurisdictions have a grace period during which disclosure is disregarded. This period will vary from country to country.
The requirement of novelty is one of the most crucial criteria of patentability for a patent, thus a comprehensive search and comparison of inventions similar to yours can provide a more solid basis for a patent application and in turn, provide for a higher chance of successful outcome.
Such searches can be conducted through the IPO in which protection is sought, or via patent databases, publications, and other relevant resources. Moreover, the undertaking of a search can be a pivotal moment in the decisions an applicant takes in terms of filing and defining the scope of protection, as the results can indicate whether an applicant should be filing for a patent for an invention or utility model, for example.
Patent Application Drafting
Once you have considered the initial elements of your invention and have some understanding as to what may be required in the potential jurisdictions you wish to file for patent protection, the next vital step is the drafting of a patent application itself.
In order to have the best chances of success, patent applications should be detailed and well-written, and a solid understanding of what is required from each jurisdiction in which you wish to file is helpful. A patent application should typically include an abstract, a written description of the invention, drawings or diagrams (if applicable), and a list of the claims that define the scope of protection further given to your invention.
Depending on the invention itself, applicants should also consider the type of patent protection or patent application offered in varying jurisdictions. For example, some countries offer the option of filing for either a utility model or patent, whilst others offer the opportunity for applicants to file a provisional application or a non-provisional one.
Consulting with a patent attorney can greatly simplify the process and potentially increase the chances of a successful patent application by assisting with the drafting of an application as well as reviewing for any discrepancies.
Filing
The filing of the patent application itself will involve the completion of all necessary forms, which are commonly found on the official Intellectual Property Office website or the relevant jurisdiction, as well as payment of the corresponding official fees and the submission of any obligatory accompanying documents, such as a Power of Attorney, for example. These requirements, as well as being complex, can require a patent attorney's expertise to achieve, for example the payment of certain fees, filing of documents, and in some countries, the mandatory requirement of foreign applicants to have a local patent attorney representative in the jurisdiction.
It is also helpful to consider the subsequent results of filing a patent application, even in the early steps of assessing how to file an application.
How do I start?
The IP-Coster platform can facilitate the beginning of your patent protection journey once you have drafted an application and are ready to begin the filing process, allowing you to obtain fee quotations for patent filing worldwide and providing professional advice from our wide range of international patent professionals. If you would like further assistance on the aforementioned crucial first steps, please contact us here.