European Patent Office The European Patent System serving

European Patent Office The European Patent System serving innovation Paul Schwander EPO, The Hague

Roadmap • History • Practical issues • Facts and figures • Conclusion 2

Patent law: striving for harmonisation An invention is universal 3

Paris Convention 1883 Before: simultaneous filings After 1883 12 Months 4

A bit of history: a European idea • 1958 Treaty of Rome • 1960 Idea of a European Patent • 1968 Splitted into 2 projects: a European Convention – the Community Patent • 1973 Convention signed • 1977 European Patent Office 5

Example of an international patent procedure when the EPO did not exist 6

The Patent filed in 1975 SYSTEMS FOR STORING AND TRANSFERRING DATA 7

First filing followed by geographic extensions 8

The Smart Card Patent procedure National patents 12 months Priority 9

The European Patent System (National & European) or European Direct Priority period Common grant procedure National Patents 10

Grant procedure: Search and Examination EP 822788 Drug Release Coated Stent A stent for implantation in a body comprising a tubular metal body (10) having open ends and an open lattice sidewall structure and a layer on the surface of said sidewall structure, said layer comprising a hydrophobic elastomeric material incorporating an amount of biologically active material therein for timed delivery therefrom. 11

Prior art search: closest prior art documents WO 9112779 A prosthesis for insertion into a lumen to limit restenosis of the lumen. The prosthesis carries restenosis-limiting drugs which elute after the device is positioned in the lumen. 12

Examination 13

Granted patent vs. Application 1. A stent for implantation in a body comprising a tubular metal body (10) having open ends and an open lattice sidewall structure and a layer on the surface of said sidewall structure, said layer comprising a hydrophobic elastomeric material incorporating an amount of biologically active material therein for timed delivery therefrom. 14

What advantages does a European patent have? Unitary protection standards in the contracting states • One application/one language • “A la carte” market by designation of countries Cost-effective • Costs less than 3 separate national patents Strong • Thorough search – 50 million documents • Substantive examination = sound legal protection 15

Average costs: EP Patent 8 countries 10 years Patent Office 4 300 € 14% Attorney 6 100 € 20% Renewal fees 8 900 € 28% Translation 11 800 € 38% Total 31 100 € 8. 5 € day 100% 16

Facts and Figures • • In 2004: 178 000 filings 6 000 staff members – 3 500 examiners Munich-The Hague-Berlin-Vienna-Brussels 55 million patent documents in its database 17

Applicant’s origin 18

The European patent system European Patent Organisation: Member States 19

The European Patent Organisation European Administrative Patent Office Council The executive body The legislative body The Office's task is to grant European patents. Important functions: • to adopt the budget • to approve the President´s actions in implementing the budget • to amend the Implementing Regulations and Rules relating to Fees The Administrative Council consists of delegates from the member states. 20

EPO and PCT • Different: Granted Patent vs. Common file • Linked: EPO can be an International Searching Authority and an International Preliminary Examining Authority • If you want to delay decisions on geographic coverage: PCT usually preferred. 21

To conclude • A unexpected success: 5 times more applications than initially expected • A continuous harmonisation process • An application of the subsidiarity principle 22

European Patent Office Thank you for your attention • www. european-patent-office. org Paul Schwander EPO, The Hague 11 May 2005