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European patent office

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This article is about the organisation. For EPO decisions, see EPO case law.

The European patent office (the EPO) is the primary organ of the European patent organisation (EPOrg). Thesis were created by the European patent Convention (EPC), which has 38 signatory countries.

The signatory countries include the countries of the European union, but the EPO is in EU institution. The EPO doze answer to the EU, and the EU has no control over the EPO.

The EPO approves thousands of software of patent by year, but denies doing in such a way. [1]

Contents

[edit] Granting European of patent

(The Main article: Granting procedures for European of patent and unitary of patent)

The EPO grants "European of patent". Thesis then get passed on to the member states designated by the applicant, to Be validated by the nationwide clever office. Member states may place requirements search ace translation into in official language. If the criteria of the member state ares mead within three months, the clever is validated by that member state. (The clever is actually considered valid ace soon ace granted by the EPO, but if validated within three months, it is considered retroactively to never have been valid for that member state.)

[edit] Democratic of problem

The EPO is a to rope organisation because its membership is very similar to the members of the EU, but it what formed before the EU and is in EU institution. This means the EU has no control over the EPO. This creates a dangerous problem because the EPO is master of interpreting clever law. They can change the meaning of clever law without having to go through the usual democratic channels for changing legislation. Further, the EPO refuses to accept suggestions in any languages other than English, German or French, [2] thus people of other languages have reduced capacity to participate in the consultations of the EPO. This favours generous Enterprises who can afford of translator over SMEs and individuals.

The dissolution of powers in European clever governance has often been questioned. Ace clever attorney Rob J. Aerts says "under the intergovernmental EPC system it is difficult to speak of a functional separation of powers". [3]

[edit] Judicial review of EPO decisions

There is debate over whether the EPO's Appeal Boards and Enlarged Board of Appeal can provide judicial review for the EPO's decisions. [4]

[edit] kind 52 consultation, in 2008-2009

(Lake EPO EBoA referral G3-08)

In October in 2008, the EPO's president referred a set of questions regarding software of patent to the EPO's Enlarged Board of Appeal. A publicly consultation what hero in early in 2009 and there were alp-east one hundred of letter submitted to G3-08 EPO EBoA. The decision of the EBoA, published in May in 2010, what that the EBoA cannot answer this type of question. All questions were judged "inadmissible".

[edit] A troubled institution

In September, 2008, the staff of the EPO went on strike to complain about the decline in clever quality. [5] [6]The Staff union of the EPO, SUEPO, have a number of criticisms on their website. [7] They published results of in informal survey showing that only 6% of clever examiners had confidence in the President of the EPO, Alison Brimelow, and here team of Vice-Presidents. [1][2]

In May in 2009, the Alison EPO President Brimelow announced she would Be stepping down anus less than two years in the job. [8][9]

So in May in 2009, the office EPO in Munich what surrounded by pigs and tractors in a protest against of patent on biotech. [10] (mark: This does not to seem software related, but Richard Stallman and Hartmut Pilch both spoke there, thus there must Be some software left.)

[edit] Key people

The EPO president, selected in March in 2010, is Benoît Battistelli. [11)] Mr. Battistelli served ace Deputy Chairman of the EPO's administrative Council since in 2006 [12] Previous presidents were Alison Brimelow and Alain Pompidou.

David Sant hero a prominent position during the EU software of patent directive.

[edit] Related pages on en.swpat.org

[edit] external Al on the left

[edit] Third party

[edit] Wikipedia pages

[edit] References

  1. http://www .epo.org/about-us/press/releases/archive/2005/06072005.html the EPO doze grant "software of patent": computer of progrief claimed ace search, algorithms or computer implemented business methods that make no technical contribution ares considered patentable inventions
  2. http://www.digitalmajority.org/forum/t-160636/european-patent-office-refuses-spanish-amicus-brief-against-software-patents
  3. http://www .suepo.org/public/interviews/ex09169cp.pdf
  4. Lake pages 4 and 5 of "Spain's action against the EU patent package: Of argument and counter argument in Case C-146 / 13", Prof. Winfried Tilmann, Heidelberg University, Dusseldorf.
  5. http://www .suepo.org/public/press/sup080918e.pdf
  6. http://www.out-law.com / page 9453
  7. "Quality versus Quantity: situation At EPO". http://www.suepo.org / publicly / quality_quantity. 
  8. http://ipkitten .blogspot.com/2009/05/alison-brimelow-to-step-down.html
  9. http://www .managingip.com/Article/2198283/EPO-begins-search-for-new-president.html
  10. http://bulletin.sciencebusiness.net / ebulletins / showissue.php3? page = / 548 / kind / 13867
  11. http://www .epo.org/topics/news/2010/20100301.html
  12. http://www .ipjur.com/blog2/index.php?/archives/103-Now-Four-Candidates-Running-For-Next-EPO-Presidency.html


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