歐洲專利的公開與實質審查筆記

筆記
歐洲專利的公開與實質審查規定

歐洲專利法實行細則（EPC Rule）第69條：歐洲專利局應通知專利申請人專利檢索報告的公開情事，但以實際審查意見（communication）所載時間為主。

Rule 69 Information about publication
(1) The European Patent Office shall inform the applicant of the date on which the European Patent Bulletin mentions the publication of the European search report and shall draw his attention to Rule 70, paragraph 1, Article 94, paragraph 2, and Rule 70a, paragraph 1.
(2) If a date of publication is specified in the communication under paragraph 1 which is later than the actual date of publication, that later date shall be the decisive date as regards the periods referred to in Rule 70, paragraph 1, and Rule 70a, paragraph 1, unless the error is
obvious.

第70條：請求實際審查
(1)當申請人接獲歐洲專利局提到檢索報告的公開時日後6個月內應提出實際審查請求（包括費用），且此請求無法被撤回；(2)如果申請人在接獲歐洲專利檢索報告前已經提出實際審查請求，專利局應詢問申請人是否要繼續審查程序，並提供申請人回應（包括修正）該檢索報告的機會；(3)如果申請人並未及時回應智慧局的詢問，申請案將被撤銷。

Rule 70 Request for examination
(1) The applicant may request examination of the European patent application up to six
months after the date on which the European Patent Bulletin mentions the publication of the
European search report. The request may not be withdrawn.
(2) If the request for examination has been filed before the European search report has been transmitted to the applicant, the European Patent Office shall invite the applicant to indicate, within a period to be specified, whether he wishes to proceed further with the application, and shall give him the opportunity to comment on the search report and to amend, where appropriate, the description, claims and drawings.
(3) If the applicant fails to reply in due time to the invitation under paragraph 2, the application shall be deemed to be withdrawn.

第70a條：回應檢索報告
(1)歐洲專利局應提供申請人對檢索報告的意見的機會，在期限內表示意見，包括修正說明書、請求項與圖示；(2)在PCT進入歐洲的申請案中，若有歐洲補充檢索報告，專利局應提供申請人限期表示意見，以及修正的機會；(3)如果申請人並未及時回應，該申請案將被撤銷。

Rule 70a Response to the extended European search report
(1) In the opinion accompanying the European search report the European Patent Office shall give the applicant the opportunity to comment on the extended European search report
and, where appropriate, invite him to correct any deficiencies noted in the opinion accompanying the European search report and to amend the description, claims and drawings within the period referred to in Rule 70, paragraph 1.
(2) In the case referred to in Rule 70, paragraph 2, or if a supplementary European search
report is drawn up on a Euro-PCT application, the European Patent Office shall give the
applicant the opportunity to comment on the extended European search report and, where
appropriate, invite him to correct any deficiencies noted in the opinion accompanying the
European search report and to amend the description, claims and drawings within the period specified for indicating whether he wishes to proceed further with the application.
(3) If the applicant neither complies with nor comments on an invitation in accordance with
paragraph 1 or 2, the application shall be deemed to be withdrawn.

第71條：審查程序
(1)歐洲專利局應提供期限讓申請人修正
(2)審查意見（communication）應包括不予專利理由
(3)如果決定核准專利，應通知申請人在四個月內繳費領證，以及提供必要的請求項官方譯文（除審查時語言外的另外兩個語言）
(4)如果核准請求項超過15項，專利局（審查單位）應要求申請人繳交超項費
(5)如果申請人繳費並提出官方語言譯本，視同同意審查意見所載內容
(6)如果申請人對審查意見提出回應與修正，如果審查單位核可，應再發出下次意見（communication）
(7)如果申請人未及時繳費，或為及時提出譯本，則該申請案視同撤銷

Rule 71 Examination procedure
(1) In any communication under Article 94, paragraph 3, the Examining Division shall,
where appropriate, invite the applicant to correct any deficiencies noted and to amend the
description, claims and drawings within a period to be specified.
(2) Any communication under Article 94, paragraph 3, shall contain a reasoned statement
covering, where appropriate, all the grounds against the grant of the European patent.
(3) Before the Examining Division decides to grant the European patent, it shall inform the
applicant of the text in which it intends to grant it and of the related bibliographic data. In this
communication the Examining Division shall invite the applicant to pay the fee for grant and
publishing and to file a translation of the claims in the two official languages of the European
Patent Office other than the language of the proceedings within four months.
(4) If the European patent application in the text intended for grant comprises more than
fifteen claims, the Examining Division shall invite the applicant to pay claims fees in respect
of the sixteenth and each subsequent claim within the period under paragraph 3 unless the
said fees have already been paid under Rule 45 or Rule 162.
(5) If the applicant, within the period laid down in paragraph 3, pays the fees under
paragraph 3 and, where applicable, paragraph 4 and files the translations under paragraph 3, he shall be deemed to have approved the text communicated to him under paragraph 3 and verified the bibliographic data.
(6) If the applicant, within the period under paragraph 3, requests reasoned amendments
or corrections to the communicated text or keeps to the latest text submitted by him, the
Examining Division shall issue a new communication under paragraph 3 if it gives its
consent; otherwise it shall resume the examination proceedings.
(7) If the fee for grant and publishing or the claims fees are not paid in due time, or if the
translations are not filed in due time, the European patent application shall be deemed to
be withdrawn.

第71a條：核准程序
(1)如果申請人及時繳費與提出官方語言譯本，即公告專利
(2)在核准通知前，審查單位可以重啟審查
(3)如果核准專利的國家指定費未繳，不予公告，直到繳費完成
(4)如果專利延展費未繳，不會公告相關事項
(5)繳費確認
(6)如果已經繳費，之後專利被拒絕，可以退費

Rule 71a Conclusion of the grant procedure
(1) The decision to grant the European patent shall be issued if all fees have been paid, a
translation of the claims in the two official languages of the European Patent Office other
than the language of the proceedings has been filed and there is agreement as to the text to be granted. It shall state which text of the European patent application forms the basis for
the decision.
(2) Until the decision to grant the European patent, the Examining Division may resume the
examination proceedings at any time.
(3) If the designation fee becomes due after the communication under Rule 71, paragraph 3, the mention of the grant of the European patent shall not be published until the designation fee has been paid. The applicant shall be informed accordingly.
(4) If a renewal fee becomes due after the communication under Rule 71, paragraph 3,
and before the next possible date for publication of the mention of the grant of the
European patent, the mention shall not be published until the renewal fee has been paid.
The applicant shall be informed accordingly.
(5) If, in response to an invitation under Rule 71, paragraph 3, the applicant has already
paid the fee for grant and publishing or the claims fees, the paid amount shall be credited if
a further such invitation is issued.
(6) If the European patent application is refused, withdrawn prior to notification of the
decision on the grant of a European patent or, at that time, deemed to be withdrawn, the fee
for grant and publishing shall be refunded.


Ron