More instructions from the EPO on 1 April 2010 changes

The EPO is now running into some practical problems with the new rules.

It can happen that you get a communication stamped "Examining Division" on EP entry.
However, this is not the "first communication fro the Examining Division: for filing divisionals.

You may also be asked to respond to the first office action even if its not required. But legally there will be no loss of rights if you don't respond.

Good luck explaining this to a formalities officer in your firm ;-)

For qualified attorneys - continous education

It is hard to find time to keep up with the changes in the law, and recent case law. We read everything and pick out the important things so you don't have to ;-)

We are organising a Patent Law update in Utrecht, NL on 8 March 2010.
Utrecht is about 20 minutes in the train from Amsterdam Schiphol airport.

Draft 2010 version of EPO Examination Guidelines now available

Today (30/11/09), the EPO published a draft version of the Examination Guidelines. These Guidelines are updated based upon the EPC changes scheduled for 1/4/10, and may possibly be updated again.

For those sitting the EQE in 2010:
The Chairman of the Examination Board has also posted a notice, stating very clearly, that the version to be used on the EQE2010 is the version of 1 April 2009.

Changes to EPC on1 April 2010 (1/4/10) will NOT be tested on EQE 2010

At the meeting between the tutors and the examination committees two weeks ago, it was clearly stated  by the D committee that the changes scheduled for 1/4/10 will NOT be tested.
The exam tests the law on the 31/12/09 - the fact that these changes have been published in the OJEPO this year does not mean that they automatically form part of the syllabus.
That should make studying a little bit easier.

Bookmark this great reference version of the EPC

It has been a while since I looked at the EPO's html version of the EPC.
Today I noticed a couple of features which are useful for daily practice:

1. A hyperlinked EPC2000 => EPC1973 cross-reference table. For example, for the Rules
2. For each article and rule, an overview of recent changes to that provision, and hyperlinks to the apropriate decision of the Administrative Council. For example, R.71

Unfortunately, you cannot use this on the EQE, but it may help when studying.

Changing attitudes towards divisionals & amendments

I am currently preparing materials for our yearly patent law update, aimed at qualified patent attorneys who want to keep up with the latest EPC and PCT legal developments.
From 1 April 2010, some major changes will be introduced into the EPC. Thanks to the European Patent Organisation for keeping us all busy with their "Raising the bar" program ;-)
We will all have to change our attitude to filing amendments and divisionals in the next few years.

The PATENT LAW UPDATE 2009 will be held on Wed 11 November 2009 in Utrecht.

For more details, click on the link to the left for "Ongoing Training for Patent Attorneys"

If preferred, we can also provide an in-house version, tailored to your requirements. Please contact us for more details