EPC 2000 - has arrived
On 13th December 2007, EPC 2000, the most comprehensive overhaul of the European Patent Convention (EPC), will enter into effect.
In brief this will:
- allow filing in any language or simply by reference to the bibliographic data if an earlier application
- remove the need for "Swiss-type claims" for second (and subsequent) medical use inventions
- expand the relevance of earlier co-pending EP applications as prior art
- provide for post-grant central limitation of the claims at the EPO
- allow for referral of Board of Appeal decisions to the Enlarged Boatd of Appeal in limited circumstances
- provide guidance that, when considering questions of infringement, the national courts should take due account of equivalents to claimed features
- state that privilge applies to communications between European Patent Attorneys and their clients
- increase the availability of restoration or further processing as a means for overcoming missed deadlines.
From the same date, UK national law will be amended for consistency regarding second medical use claims, co-pending EP applications and post-grant amendment.
For further information please refer to the associated news item on this site or contact us with your enquiry.