IP-Academy

Third-party observations

Under Article 115 of the European Patent Convention (EPC), any person can submit comments, known as Third-Party Observations (TPOs), on a European patent application or a pending European patent. These observations are intended to assist examiners at the European Patent Office (EPO) by providing relevant information that may affect the patentability of an invention.

Third-party observations allow individuals or organizations to highlight issues with a pending patent, such as:

·         Lack of novelty

·         Lack of inventive step

·         Insufficient disclosure

·         Unclear claims

·         Amendments that violate EPC rules

TPOs are a helpful way to ensure that patents are granted only when they fully meet the legal requirements.

Submitting a well-supported, non-anonymous TPO during the examination phase can actually accelerate the process. While it won’t speed up the entire examination (as a PACE request might), it can prompt a faster response from the examiner in the form of the next Office Action.

TPOs are sent to both the examiner and the applicant, who may respond or amend their claims as a result. In some cases, this could lead to a patent being granted with a reduced scope, or even refused if significant issues are raised.

When and How to Submit a TPO

To be effective, a TPO must be submitted while the application is still under examination. Observations filed after a patent is granted will not be considered or made available for public viewing. You can submit a TPO through an online form on the EPO website. Key points:

·         No official fee is required.

·         Observations must be written in English, German, or French (the official languages of the EPO).

·         Supporting documents can be in any language, but the EPO may request the translation within a set timeframe.  

Third-party observations (TPOs) can be submitted anonymously; however, the person or entity submitting them must not already be involved in the patent proceedings and cannot become a party to the case after filing. While anonymity allows for confidential input, the EPO does not provide updates or feedback to the submitter regarding how the observation is handled. Any impact the TPO has on the examination process will be reflected in the official documents and correspondence made publicly available in the application file.

TPOs help maintain the quality and integrity of the European patent system. By allowing input from outside parties, the EPO benefits from additional knowledge and technical insights, leading to stronger, more reliable patents across the EU.

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