https://www.epo.org/en/node/completed-consultations

Completed consultations

Amendments to the RPBA to further enhance the timeliness of appeal proceedings

User consultation on proposed amendments to the Rules of Procedure of the Boards of Appeal to further enhance the timeliness of appeal proceedings

Date of consultation 

16.6.2023 - 11.9.2023

Consultation

Following the structural reform of the Boards of Appeal, the President of the Boards of Appeal set five-year objectives of reducing the number of pending cases to below 7 000 and settling 90% of cases within 30 months by 2023. Having already achieved the first of these objectives in 2022, and with the second soon to be met too, the Boards of Appeal will be able to pursue further ambitious timeliness objectives in the future.
By gradually starting to deal with cases as soon as they are transferred to them, the Boards of Appeal will be able to settle cases more quickly and within more predictable timeframes. This, in turn, will provide users with greater legal certainty. The proposed amendments to the Rules of Procedure of the Boards of Appeal are aimed at introducing the changes to the procedural framework which are necessary to achieve this.
For information on the processing of your personal data, see the Data Protection Statement on the processing of personal data in the context of the online user consultation on proposed amendments to the Rules of Procedure of the Boards of Appeal to further enhance the timeliness of appeal proceedings.

Summary of responses received

Summary of responses to the user consultation on proposed amendments to the rules of procedure of the Boards of Appeal to further enhance the timeliness of appeal proceedings

EPC and PCT-EPO Guidelines 2023

Guidelines for Examination in the European Patent Office and the Guidelines for Search and Examination at the European Patent Office as PCT Authority

Date of consultation

1.2.2023 - 4.4.2023

Contributions 

Summary of the responses 

Public online consultation on the EPO Observatory

Date of consultation

10.02 - 10.03.2023

Background information

Now more than ever, we need an environment which will facilitate the emergence of innovative solutions and new technologies to tackle the multiple challenges our societies are facing. It is therefore absolutely key to deepen our understanding of important issues related to innovation and the impact of the patent system. That is why, with the ambition of fostering the exchange of a broad range of views around the development of the patent system through the dissemination of fact-based studies on technological trends, the EPO has decided to set up its Observatory on Patents and Technology. The Observatory will aim to identify gaps both in patent and IP-related knowledge and in the understanding of complex technological concepts. It will enable the EPO and its partners to better respond to challenges, anticipate change and take measures leading to economic, social and environmental progress.

Based on the rich feedback gathered from an online consultation run in February 2022, the EPO was able to present a comprehensive proposal to the EPO Administrative Council in June 2022 (see document CA/47/22 "Set-up and Blueprint of the Observatory on Patents and Technology"), which was received very positively. Guided by a number of specific principles (evidenced-based approach, transparency, diversity, inclusiveness, collaboration and subsidiarity), the Observatory's activity will be structured along three streams:

  • Stream 1 "Technology Intelligence" will map critical technology developments and identify their respective pan-European innovation ecosystems, along with their key components. One important goal will be to promote co-ordination and collaboration among the key players to bring innovative solutions to market.
  • Stream 2 "Legal and Innovation Policies" will involve the analysis of patents, patent knowledge and intelligence in the context of the broader innovation framework, related economic tools (i.e. public funding and taxation) and branches of the law (i.e. competition law and trade law). In particular, it will address hotly debated topics such as patent activity in the medical sector or the relationship between standardisation and patents.
  • Stream 3 "Diversity and Transformation" will focus on heightening understanding of the innovation/patent system among a non-specialist audience. It will take the insights generated by the other two streams and make them clear, understandable and accessible, while also raising awareness of the various tools available to secure the results of investments in new products and processes. One important goal will be to achieve greater diversity in the innovation ecosystem and promote the inclusion of currently under-represented actors. In particular, it will seek to reach out to the younger generation with a view to fostering their skills and knowledge in terms of defining and analysing technical problems and generating potential solutions.

The Observatory is expected to be able to start operating during the second half of 2023. In order to prepare its workplan for the period 2023-2025, the EPO is looking for further input from the public on two main items which will help the Observatory and its partners to structure their actions during this start-up phase: (a) topics to be addressed and (b) activities and tools to be developed. The EPO has already drawn up an initial list of topics and initiatives and would be interested in hearing your views.

Topics

  1. Contribution of innovation to the UN Sustainable Development Goals
  2. Climate change and energy crisis: how innovation and IP can help to mitigate risks
  3. Latest technological trends: focus on start-ups
  4. Space-related inventions
  5. From innovation to commercialisation: European universities in focus
  6. Improving mapping and knowledge about the financing of innovation
  7. D&I in innovative activities: inclusiveness and IP
  8. A closer look at patenting activities in the health sector
  9. Latest technological trends: focus on SMEs
  10. Standardisation and patent activity

Activities and tools 

The EPO can count on the expertise of its 6 000 staff, who include 4 000 highly specialised patent examiners, to support the Observatory's activities and share their wealth of knowledge with the public at large. However, it is also the Observatory's the ambition to encourage the participation of a wide range of external stakeholders and to foster partnerships with all interested entities. To this end, it will issue regular calls for interest, calls for evidence, consultations and work packages. Combining expertise and knowledge from diverse backgrounds and perspectives in this way will help to ensure that its studies and analyses of each topic addressed are as exhaustive as possible. Moreover, the Observatory will organise and mobilise a set of networks that brings together multidisciplinary skills and IP expertise to foster innovation right across Europe and build a stronger European patent system.

The Observatory will propose awareness-raising campaigns to be conducted at a European or national level in close liaison with partners and stakeholders and designed to disseminate the research, evidence and patent-related intelligence produced. It will support educational activities (by leading discussions on complex subjects and, with the EPO Academy's support, transforming technical, policy and scientific output into transformative learning). Based on a highly modular approach, the Observatory will carry out its activities primarily on a digital platform, using modern communication means that facilitate access and dissemination, such as webinars and e‑conferencing. It will also set up a comprehensive digital library that is easily accessible from the EPO website and brings all pre-classified content produced by the EPO and all freely accessible sources together in one place.

EPC and PCT-EPO Guidelines 2022

Guidelines for Examination in the European Patent Office and the Guidelines for Search and Examination at the European Patent Office as PCT Authority

Date of consultation

3.2.2022 - 15.4.2022

Contributions

Summary of responses 

Public consultation on the EPO Observatory

The EPO launched an online public consultation on the creation of an Observatory.

SP2023 outlined the vision for such a structure: an Observatory to contribute to a deeper understanding of important issues related to innovation and the patent system. The platform aims to address the diverse needs of various user groups and actively bring together public and private stakeholders to discuss the latest developments in the patent system based on analyses of patent trends.

The new platform will provide new opportunities to address specific stakeholder needs: Policymakers and business leaders, for example, will benefit from enhanced patent data mapping and visualisation to support decision-making. Similarly, this accessible user-friendly format will appeal to groups who are new to the patent system or unfamiliar with its technicalities. As a central network, the Observatory will also enhance communication and outreach, facilitating a wider understanding of IP based on analyses of the latest trends.

The Observatory is based on several guiding principles. These include an evidenced-based approach, transparency, diversity, inclusiveness, collaboration and subsidiarity. During the initial phase, the EPO proposes to organise the Observatory's activities in three streams: technology intelligence, legal and innovation policies, and diversity and transformation. The Observatory will adopt a lean and agile approach, using learning experiences to grow. People will remain the driving force in its establishment and the EPO aims to use the expertise of patent system stakeholders, including internal talent, and national experts.

As a central, open and collaborative patent knowledge sharing network, the Observatory will enable the EPO and its partners to better respond to challenges, anticipate change and take measures leading to economic, social and environmental progress.

Orientation paper: EPO Observatory

SP2023: Outline of plans for the EPO Observatory

Date of consultation

9.2.2022 – 4.3.2022

Public consultation on new Ombuds service

With the joint aims of responding to the needs of its users and ensuring that relationships between the Office and its partners around the world prosper through trust, fairness, mutual respect, adaptability, collaboration and a commitment to excellence, the Office is planning to launch a new informal, confidential, and neutral Ombuds service in mid-2022.

Date of consultation

13.1.2022 – 4.2.2022

Pilot project for oral proceedings by videoconference

User survey on the pilot project for oral proceedings by videoconference before EPO opposition divisions

Date of consultation

1.9.2021 - 30.9.2021

EPC and PCT-EPO Guidelines 2021

Consultation

Guidelines for Examination in the European Patent Office and the Guidelines for Search and Examination at the European Patent Office as PCT Authority

Date of consultation

1.3.2021 - 12.4.2021

Contributions

Summary of responses (PDF, 434 KB)

Amendment to the Rules of Procedure of the Boards of Appeal (RPBA 2020)

Consultation

Insertion of new Article 15a (oral proceedings by videoconference)

The Rules of Procedure of the Boards of Appeal were last revised in 2019 and the revised version (RPBA 2020) came into force on 1 January 2020. It is now proposed that the RPBA 2020 are amended by the insertion of new Article 15a clarifying that the Boards of Appeal may hold oral proceedings pursuant to Article 116 EPC by videoconference.

Text of the new provision and some explanatory remarks (PDF, 110 KB)

Date of consultation

13.11.2020 - 27.11.2020

Summary of responses received

Download summary of responses (PDF, 74 KB)

EPC and PCT-EPO Guidelines 2019

Guidelines for Examination in the European Patent Office and the Guidelines for Search and Examination at the European Patent Office as PCT Authority

Date of consultation

2.3.2020 - 15.4.2020

Contributions

Summary of responses (PDF, 57 KB)

All the contributions were discussed with user representatives at three meetings of the SACEPO Working Party on Guidelines (SACEPO WPG):

19th SACEPO Working Party on Guidelines – minutes of 19 May 2020 (PDF, 77 KB)

SACEPO Working Party on Guidelines – minutes of extraordinary meeting 8 June 2020 on computer-implemented inventions issues (PDF, 76 KB)

SACEPO Working Party on Guidelines – minutes of extraordinary meeting 9 June 2020 on biotechnology issues (PDF, 131 KB)

EPO's Strategic Plan 2023

Public consultation on the EPO's Strategic Plan 2023

Date of consultation

23.1.2019 - 15.3.2019 and 18.4.2019 - 10.5.2019

Summary of responses received

See contributions

Increased flexibility in the timing of the examination process

User consultation on increased flexibility in the timing of the examination process – introduction of a postponed examination system

Download document(s)

Download document (PDF, 85 KB)

Date of consultation

19.11.2018 - 11.1.2019

Summary of responses received

Download summary of responses (PDF, 366 KB)

Revision of the Rules of Procedure of the Boards of Appeal

Download document(s)

Download document (PDF, 375 KB)

Date of consultation

5.2.2018 - 30.4.2018

Summary of responses received

Download summary of responses (PDF, 94 KB)

Sequence listings - proposed ST.26 standard

Download document(s)

Download documents (ZIP, 1.2 MB)

Date of consultation

12.12.2016 - 15.1.2017

Summary of responses received

Download summary of responses (PDF, 39 KB)

Unitary Patent DEMO plug-in for Online Filing version 5.09

Download document(s)

Download document (PDF, 21 KB)

Date of consultation

18.5.2016 – 31.7.2016

Boards of appeal

Download document(s)

Download document (PDF, 68 KB)

Date of consultation

30.4.2015 - 30.6.2015

Summary of responses received

Download summary of responses (PDF, 319 KB)

Case Law book

Download document(s)

Download questionnaire (PDF, 22 KB)

Date of consultation

1.10.2013 - 3.4.2014

Summary of responses received

Download summary of responses (PDF, 26 KB)

Divisional applications (Rule 36 EPC)

Download document(s)

Download questionnaire (PDF, 64 KB)

Date of consultation

4.3.2013 - 5.4.2013

Online Official Journal

Consultation

Online Official Journal

Download document(s)

Download proposal (PDF, 74 KB)

Date of consultation

4.2.2013 - 22.3.2013

Revision of rule 164 EPC

Download document(s)

Download proposal (PDF, 83 KB)

Date of consultation

15.1.2013 - 25.2.2013

Substantive Patent Law Harmonization

Consultation

Substantive Patent Law Harmonization

Download document(s)

Download proposal (PDF, 205 KB)

Date of consultation

10.1.2013 - 1.3.2013

Amendment of Rule 53(3) EPC

Download document(s)

Download proposal (PDF, 113 KB)

Date of consultation

15.12.2011 - 20.1.2012

Summary of responses received

Download summary of responses (PDF, 10 KB)

Sequence listings - proposed ST.26 standard

Download document(s)

Main body (PDF, 99 KB)

Annex: Controlled vocabularies (PDF, 138 KB)

Annex: DTD (DTD, 9 KB)

Annex: DTD (TXT, 9 KB)

Date of consultation

24.5.2012 - 17.8.2012

Summary of responses received

Download summary of responses (PDF, 19 KB)

PCT matters

Download document(s)

Paper 1: Opening EPO's Chapter II (mainly addressed to PCT applicants who do not use the EPO as ISA) (PDF, 51 KB)

Paper 2: Collaborative Search and Examination Project (mainly addressed to PCT applicants who use the EPO as ISA) (PDF, 70 KB)

Date of consultation

8.10.2012 - 23.11.2012