6.1 Procedural steps in the processing of a Euro-direct application

The processing of a Euro-direct application may be summarised as follows:

1.The application is filed with the EPO or a competent national authority.

2.The Receiving Section examines the application to determine if a date of filing can be accorded to the application.

3.The Receiving Section carries out the formalities examination of the application.

4.Once the Receiving Section has established that the application complies with the formal requirements, the search division draws up an extended European search report (EESR).

5.The application and the search report are published by the EPO either together (A1) or separately (A2 followed by A3).

6.On receipt of a request for examination from the applicant or, if the request for examination has been filed before the search report has been transmitted to the applicant, on confirmation from the applicant that they desire to move ahead with the European patent application, the application proceeds to substantive examination.

7.Provided the requirements of the EPC are met, the examining division grants a European patent for the states designated.

8.The specification of the European patent is published by the EPO (B1 publication) and, on the same day, the mention of the grant is published in the European Patent Bulletin.

9.The patent proprietor may file a request for unitary effect up to one month after the date of publication of the mention of the grant in the European Patent Bulletin, provided the requirements for this are met.

10.Within three months of the date of mention of the grant of the European patent in the European Patent Bulletin, the applicant can validate the European patent in any of the EPC contracting states and any of the designated extension and validation states.

11.Within nine months of the date of publication of the mention of the grant of the European patent in the European Patent Bulletin (and the B1 publication), any person may give notice of opposition to the European patent granted. After examining the opposition, the opposition division decides whether to reject the opposition, maintain the patent in amended form or revoke the patent.

12.The patent proprietor may request limitation or revocation of the granted European patent; the examining division will decide on this request.

13.If the European patent is amended, the EPO publishes a new specification of the European patent amended accordingly (B2 after opposition or B3 after limitation).