April 09, 2024

Third-party observations

According to Article 115 of the European Patent Convention, any person can submit their observations regarding a European patent application, or a European patent pending before the European Patent Office (EPO), in order to contribute relevant information to the examiners at the EPO. Such submissions are called third-party observations (TPOs) and serve as a valuable tool in the patenting process.

TPOs have an accelerating effect on a patent application. Submitting non-anonymous, well-supported observations pursuant to Article 115 and Rule 114 EPC substantiating a lack of patentability during examination can expedite the next Office Action from the EPO. This mechanism differs from the submission of a PACE request, as it only accelerates the next substantive communication from the EPO.

TPOs, which are sent to both the examiner and to the applicant for consideration and comment, not only help to prevent a patent from being wrongly granted, but can also lead to the amendment of patent claims. s Alongside the possibility of amendments to the patent claims, a TPO may also result in the granting of a patent with a lesser scope of protection.

Third-party observations can relate to patentability, novelty, inventive step, sufficiency of disclosure, lack of clarity, or amendments that are not allowed as per the rules. Observations must be filed while the proceedings are still ongoing to effectively influence the examination. TPOs filed after a patent has already been granted will be neither considered nor made available for file inspection.

TPOs are typically submitted using an online form via the EPO website, with no official fee required to be paid for the submission. They must be filed in one of the official languages of the EPO (English, German or French) and explain the grounds on which they are based. The supporting documents may be filed in any language, although the EPO may request the translation within a prescribed time period.

TPOs may be submitted anonymously, yet it is important to note that the submitting party mustn't already be a part of the proceedings and are not permitted to join the proceedings following the filing of the TPO. The EPO will not directly inform the filing party of any further action that was taken in response to their TPO, however the outcome will be confirmed in the office actions and published by the EPO.

Third-party observations are important in ensuring that the patent examination process is strong and accurate. By welcoming contributions from external parties, the EPO gains diverse knowledge and expertise, enhancing the examination process and making sure that granted patents meet high standards within the European Union.

December 11, 2023

European Patent Office

The European Patent Office (EPO) is a regional intellectual property office which contributes to a unified patent system across member states, streamlining the process for the protection of patents across the region. It is headquartered in Munich, Germany, with several other branch offices present in cities across Europe.

The EPO is the executive arm of the European Patent Organisation, an intergovernmental structure established on October 7, 1977, on the basis of the European Patent Convention (EPC) signed in 1973. The organization has grown to include all 27 member states of the European Union, alongside other non-EU states, bringing the total number of EPO member states to 39 inclusive of 44 respective countries.

The EPO operates alongside the EPC, a treaty which provides a legal framework for the granting of European patents by way of a single, harmonized procedure before the EPO. This mechanism allows the EPO to function as a centralized patent office for European member states, allowing applicants to file for protection of their inventions via a more simplified route when compared with filing for patent protection separately in each respective country. As such, the EPO plays a pivotal role in the intellectual property field of the region.

The EPO operates in three official languages, namely English, French and German, and patent applications may be filed in any of the three official languages.

One of the core functions of the EPO is to provide for the examination and granting of patents for inventions, with examiners from the Office assessing applications as per the necessary criteria such as a patent possessing novelty, industrial applicability and an inventive step.

Further establishing its role in the international IP landscape, the EPO is also actively involved in multiple international patent co-operations, with the office notably constituting one of the members of the Patent Cooperation Treaty (PCT). The PCT streamlines the process for the filing of international patent applications and facilitates the exchange of information and prior art. Moreover, the EPO has forged further collaborations with approximately 75 IP offices and regional IP organizations across the globe.

The Office has also formed cooperative validation agreements with five non-member states, namely Cambodia, Georgia, Moldova, Morocco and Tunisia. These agreements allow applicants to file for patent protection via the harmonized procedure before the EPO as they would when seeking patent protection in member states (either directly or via the Euro-PCT route), however applicants may request patent validation in the 5 aforementioned states despite them being non EPC members. The validation of a European patent in such states will have the same effect as a national patent would in each state respectively, and is available upon paying the corresponding fee.

Applications for patents in validation states are subject to the national laws of each respective state, however the state itself will not conduct examination, with the examination results conducted by the EPO being utilized instead.

The EPO plays an important role in the IP sphere on both an European regional level, and on an international level. Beyond its patent granting function, the EPO supports innovation by providing access to extensive patent databases and resources. As well as applicants and inventors, others such as researchers and policymakers can utilize data produced by the EPO to analyze and monitor patterns and trends in the field of technology to make informed decisions with respect to their patent portfolio, prospective applications, and future innovation.

Further, the work produced by the EPO and the quality of examination of patents has a direct impact on economic development and innovation in Europe. The EPO therefore aids in facilitating the encouragement of investment in research and development, fostering economic growth and technological advancement in the European region.

If you are interested in filing for patent protection by way of the EPO or Euro-PCT, or simply would like to learn more, contact us via our website or social media platforms.

March 31, 2025

Contents of a Patent Application

Filing a patent application is a crucial step in protecting your invention. However, understanding exactly what needs to go into a patent application can be challenging. Each country or region has its own format and rules, but there are core elements that most applications share. This guide breaks down the key components of a patent application to help you navigate the process more easily.

Every patent application should start with general information such as:

· The name and address of the applicant(s)

· Details of any legal representative or agent

· Information specific to the invention itself

These details are usually provided through accompanying forms or cover sheets, depending on the requirements of the jurisdiction.

The core of the technical information is found in what's called the patent specification. This is where the invention is described in detail.

Key Parts of a Patent Application

1. Patent Title

This is the official name of your invention. It should be short, factual, and avoid giving away confidential or novel aspects of your idea, since the title becomes public once the application is submitted.

2. Field of the Invention

Briefly state the type of technology or area your invention belongs to. For example:

“The invention relates to heating technology, specifically systems for heating and cooling.”

3. Background of the Invention

Here you can mention any existing technology (known as “prior art”) related to your invention. The background helps show what problem your invention solves and how it differs from what already exists.

4. Statement of the Invention

This section gives a formal description of what your invention is and the general scope of protection you’re seeking. It usually includes broad definitions similar to those found in the claims section.

5. Drawings (if applicable)

Drawings help visually explain how your invention works. They don’t need to be artistically perfect, but they should be clear and labeled properly.

Each drawing should be listed with a brief explanation of what it shows, usually in a section before the main description.

6. Abstract

The abstract is a short summary of the main features of your invention. It helps others, like patent examiners and researchers, quickly understand the essence of your invention. The abstract should be accurate and reflect what is detailed in the rest of the application.

7. Description

This is one of the most important sections. It explains how the invention works and how it can be used in practice. This part should include examples or “embodiments” that help someone skilled in the field replicate your invention.

For instance, if your patent is about a cooling system, the description should provide enough detail for a heating engineer to understand and build it—without over explaining things professionals would already know.

Be thorough: leaving out critical information could cause delays or even rejection of your application.

8. Patent Claims

This is the heart of the patent application. The claims define exactly what your invention protects. They outline the technical features that distinguish your invention and what others cannot copy if the patent is granted.

There are two types of claims:

· Independent claims: Broad claims that define the core of your invention.

· Dependent claims: These refer back to an earlier claim and add more detail or limitations.

Each claim should be written as one sentence and must be clear and precise. The first claim is usually the most general, with the others building on it.

Drafting claims is a complex task that significantly affects the success and strength of your patent. It’s highly recommended to work with a patent attorney or legal professional to ensure your claims are well-written and enforceable.

As such, filing a patent application is a detailed process that requires both technical and legal expertise. While it’s possible to draft and submit an application yourself, professional support can make a big difference—especially when it comes to the claims section.

If you need help with filing a patent or want to learn more about the process, feel free to reach out to us via social media, email, or our website contact page. Our team at IP-Coster is here to assist!

March 03, 2025

Time limits for national/regional phase entry of international PCT applications

Under the Patent Cooperation Treaty (PCT), applicants must enter the national or regional phase of the application process within a specified timeframe—usually 30 or 31 months from the priority date (earliest filing date). This timeframe varies slightly by country or region and is crucial for preserving patent rights in each designated jurisdiction. Some jurisdictions allow for extensions or reinstatements of rights under specific conditions, often involving additional fees.

Below is a detailed chart of the national phase deadlines for each PCT contracting state and regional office under Chapter I (Article 22) and Chapter II (Article 39(1)) procedures, including footnotes that highlight exceptions, regional considerations (e.g., ARIPO, EPO, OAPI), and special cases:

Designated/Elected Office		Chapter I (under PCT Article 22)	Chapter II (under PCT Article 39(1))
AE	United Arab Emirates	30	30
AG	Antigua and Barbuda	30	30
AL	Albania¹	31	31
AM	Armenia ²	31	31
AO	Angola	30	30
AP	African Regional Intellectual Property Organization ⁴	31	31
AT	Austria ¹	30	30
AU	Australia	31	31
AZ	Azerbaijan²	30	31
BA	Bosnia and Herzegovina	34	34
BB	Barbados	30	30
BG	Bulgaria ¹	31	31
BH	Bahrain	30	30
BN	Brunei Darussalam	30	30
BR	Brazil	30	30
BW	Botswana⁶	31	31
BY	Belarus ²	31	31
BZ	Belize	30	30⁷
CA	Canada	30¹⁵	30¹⁵
CH	Switzerland ¹, ⁹	30	30
CL	Chile	30	30
CN	China	30 (32)⁸	30 (32)⁸
CO	Colombia	31	31
CR	Costa Rica	31	31
CU	Cuba	30	30
CZ	Czech Republic ¹	31	31
DE	Germany ¹	31	31
DJ	Djibouti	30	30
DK	Denmark ¹	31	31
DM	Dominica³	30	30
DO	Dominican Republic	30	30
DZ	Algeria	31	31
EA	Eurasian Patent Organization	31	31
EC	Ecuador	31	31
EE	Estonia ¹	31	31
EG	Egypt	30	30
EP	European Patent Organisation ¹⁰	31	31
ES	Spain ¹	30	30
FI	Finland ¹	31	31
GB	United Kingdom ¹	31	31
GD	Grenada³	30	30
GE	Georgia	31	31
GH	Ghana⁶	30	30
GM	Gambia⁶	30	31
GT	Guatemala	30	30
HN	Honduras	30	30
HR	Croatia ¹	31	31
HU	Hungary ¹	31	31
ID	Indonesia	31⁵	31⁵
IL	Israel	30	30
IN	India	31	31
IQ	Iraq³	30	30
IR	Iran (Islamic Republic of)	30	30
IS	Iceland¹	31	31
IT	Italy ¹	30¹⁶	30¹⁶
JM	Jamaica	30	30
JO	Jordan	30	30
JP	Japan	30	30
KE	Kenya ⁶	30	30
KG	Kyrgyzstan ²	31	31
KH	Cambodia	30	30
KN	Saint Kitts and Nevis	30	30
KP	Democratic People’s Republic of Korea	30	30
KR	Republic of Korea	31	31
KW	Kuwait	30	30
KZ	Kazakhstan ²	31	31
LA	Lao People’s Democratic Republic	31	31
LC	Saint Lucia³	30	30
LK	Sri Lanka	30	30
LR	Liberia⁶	30	31
LS	Lesotho⁶	30	31
LU	Luxembourg ¹	20¹¹	30
LY	Libya³	30	30
MA	Morocco	31	31
MD	Republic of Moldova	31	31
ME	Montenegro³	30	30
MG	Madagascar	30	30
MK	North Macedonia ¹	31	31
MN	Mongolia	31	31
MW	Malawi⁶	30	30
MX	Mexico	30	30
MY	Malaysia	30	30
MZ	Mozambique⁶	31	31
NA	Namibia⁶	31	31
NG	Nigeria	30	30
NI	Nicaragua	30	30
NO	Norway ¹	31	31
NZ	New Zealand	31	31
OA	African Intellectual Property Organization ¹²	30	30
OM	Oman	30	30
PA	Panama	30	30
PE	Peru	30	30
PG	Papua New Guinea	31	31
PH	Philippines	30 (31⁸)	30 (31⁸)
PL	Poland ¹	30	30
PT	Portugal ¹	30	30
QA	Qatar	30	30
RO	Romania ¹	30	30
RS	Serbia ¹	30¹³	30¹³
RU	Russian Federation²	31	31
RW	Rwanda³^, ⁶	30	30
SA	Saudi Arabia	30	30
SC	Seychelles	31	31
SD	Sudan⁶	30	30
SE	Sweden ¹	31	31
SG	Singapore	30¹⁴	30¹⁴
SK	Slovakia ¹	31	31
SL	Sierra Leone⁶	31	31
ST	Sao Tome and Principe³, ⁶	30	30
SV	El Salvador	30	30
SY	Syrian Arab Republic	31	31
TH	Thailand	30	30
TJ	Tajikistan ²	30	31
TM	Turkmenistan ²	30	31
TN	Tunisia	30	30
TR	Türkiye ¹	30 (33⁸)	30 (33⁸)
TT	Trinidad and Tobago	30	31
TZ	United Republic of Tanzania⁶	21¹¹	31
UA	Ukraine	31	31
UG	Uganda⁶	30	31
US	United States of America	30	30
UZ	Uzbekistan	31	31
VC	Saint Vincent and the Grenadines	31	31
VN	Vietnam	31	31
WS	Samoa	31	31
ZA	South Africa	31	31
ZM	Zambia⁶	30	30
ZW	Zimbabwe⁶	30	31

1. If designated for a European patent, see EP as designated Office for the applicable time limits.
2. If designated for a Eurasian patent, see EA as designated Office for the applicable time limits.
3. In the absence of information from the Office concerned, the time limits shown are those which would normally apply under PCT Articles 22(1) and 39(1)(a). If the Office decides to apply longer time limits, that information will be published in the PCT Newsletter.
4. ARIPO acts as designated office for the following State which does not act in the capacity of designated office: SZ.
5. This time limit may be extended provided that the applicant pays an additional fee for late entry into the national phase.
6. If designated for an ARIPO patent, see AP as designated office for the applicable time limits.
7. May be extended upon written request of the applicant.
8. Time limit applicable if applicant pays an additional fee for late entry into the national phase.
9. Swiss Office acts as designated one for the following State which does not act in the capacity of designated office: LI.
10. EPO acts as designated office for the following States which do not act in the capacity of designated office : BE, CY, FR, GR, IE, LT, LV, MC, MT, NL, SI, SM.
11. This Office has notified the International Bureau of the non-applicability of the 30-month time limit under PCT Article 22(1), as modified with effect from 1 April 2002 – it does not yet apply the 30-month time limit for entering the national phase.
12. OAPI acts as designated office for the following States which do not act in the capacity of designated office : BF, BJ, CF, CG, CI, CM, GA, GN, GQ, GW, KM, ML, MR, NE, SN, TD, TG.
13. The time limit may be extended by 30 days if the applicant pays an additional fee for late entry into the national phase.
14. The time limit may be extended by up to 18 months provided the applicant pays the prescribed fee.
15. Up to 12 months after the 30-month deadline (30 months from the priority date) the applicant can request reinstatement of rights provided that he/she pays the fee for reinstatement of rights and meets the other requirements outlined in subsection 154(3) of the Canadian Patent Rules for the reinstatement of rights.
16. For international applications filed on or after July 1, 2020.

June 28, 2023

Patent Filing: where to start?

Filing for patent protection can be a complex and time-consuming process, but knowing where to start can alleviate some of the pressure for new applicants.

Initial Stages

One of the most crucial elements in the early stages of filing is grasping an understanding of the patent system itself, particularly in each country or region that you wish to obtain protection in.

As both individual countries and states, as well as regional patent systems, possess varying filing requirements and regulations, one of the most important first steps to consider are the jurisdictions in which protection would be sought for your invention. In order to do so, it may be necessary to consider the invention itself and the potential market(s) in which it could be placed.

In order to effectively evaluate and consider the IP legislation and regulations of any jurisdiction of interest, it is advisable to consult with a patent attorney or agent who is well-versed in the patent laws of that particular state. The greater understanding of the requirements of each country or region that you wish to obtain protection in, the better, as a more comprehensive and thought out application may prevent potentially time consuming and costly office actions later on.

Searches

A vital part of the initial stages of the patent protection process is the conducting of patentability and prior art searches. Such comprehensive searches should be undertaken prior to the drafting of a patent application to ensure that your invention is unique (novel) and does not infringe on existing patents. Moreover, you will be unsuccessful in obtaining a patent if your invention has already been publicly disclosed, however most jurisdictions have a grace period during which disclosure is disregarded. This period will vary from country to country.

The requirement of novelty is one of the most crucial criteria of patentability for a patent, thus a comprehensive search and comparison of inventions similar to yours can provide a more solid basis for a patent application and in turn, provide for a higher chance of successful outcome.

Such searches can be conducted through the IPO in which protection is sought, or via patent databases, publications, and other relevant resources. Moreover, the undertaking of a search can be a pivotal moment in the decisions an applicant takes in terms of filing and defining the scope of protection, as the results can indicate whether an applicant should be filing for a patent for an invention or utility model, for example.

Patent Application Drafting

Once you have considered the initial elements of your invention and have some understanding as to what may be required in the potential jurisdictions you wish to file for patent protection, the next vital step is the drafting of a patent application itself.

In order to have the best chances of success, patent applications should be detailed and well-written, and a solid understanding of what is required from each jurisdiction in which you wish to file is helpful. A patent application should typically include an abstract, a written description of the invention, drawings or diagrams (if applicable), and a list of the claims that define the scope of protection further given to your invention.

Depending on the invention itself, applicants should also consider the type of patent protection or patent application offered in varying jurisdictions. For example, some countries offer the option of filing for either a utility model or patent, whilst others offer the opportunity for applicants to file a provisional application or a non-provisional one.

Consulting with a patent attorney can greatly simplify the process and potentially increase the chances of a successful patent application by assisting with the drafting of an application as well as reviewing for any discrepancies.

Filing

The filing of the patent application itself will involve the completion of all necessary forms, which are commonly found on the official Intellectual Property Office website or the relevant jurisdiction, as well as payment of the corresponding official fees and the submission of any obligatory accompanying documents, such as a Power of Attorney, for example. These requirements, as well as being complex, can require a patent attorney's expertise to achieve, for example the payment of certain fees, filing of documents, and in some countries, the mandatory requirement of foreign applicants to have a local patent attorney representative in the jurisdiction.

It is also helpful to consider the subsequent results of filing a patent application, even in the early steps of assessing how to file an application.

How do I start?

The IP-Coster platform can facilitate the beginning of your patent protection journey once you have drafted an application and are ready to begin the filing process, allowing you to obtain fee quotations for patent filing worldwide and providing professional advice from our wide range of international patent professionals. If you would like further assistance on the aforementioned crucial first steps, please contact us here.

May 01, 2025

PCT or Paris Convention?

Securing intellectual property (IP) protection in multiple countries is often a complex and time-consuming task. Since each country has its own IP laws and procedures, navigating the international patent system can be overwhelming.

To make this process more manageable, two major international treaties have been established: the Paris Convention and the Patent Cooperation Treaty (PCT). Though different in structure and scope, these systems help inventors and businesses protect their innovations across borders.

The Paris Convention

Established in 1883, the Paris Convention is one of the oldest international treaties concerning intellectual property. It provides two key benefits to applicants:

National Treatment – This ensures that each member country must offer the same IP protection and legal remedies to foreign applicants as it does to its own nationals. This prevents discrimination and ensures a level playing field.

Right of Priority – Under this rule, if an applicant files a patent application in one member country, they have 12 months to file corresponding applications in other member countries. These subsequent applications will retain the original filing date, known as the priority date. This is critical for preserving the novelty of an invention across multiple jurisdictions.

The Paris Convention does not create a centralized application system. Instead, it offers a procedural advantage by allowing applicants to spread their filings over time while maintaining the original priority date.

The Patent Cooperation Treaty (PCT)

In contrast, the Patent Cooperation Treaty, established in 1970 and administered by the World Intellectual Property Organization (WIPO), offers a more centralized approach. It allows applicants to file a single “international” application that is recognized by over 150 PCT member countries.

However, the PCT does not grant a global or international patent. Instead, the international application serves as a unified first step. After the initial international phase, the application must enter the national or regional phase in each country where protection is sought. At this point, the application will be examined according to each country’s specific laws.

The PCT process unfolds in two main phases:

International Phase: This lasts up to 18 months from the filing date. During this time, a formal examination is conducted, including an international search and the publication of the application.

National Phase: Around 30 to 31 months after the initial filing, the applicant must enter the national phase in each country of interest. This involves translating the application (if necessary), paying national fees, and complying with country-specific rules.

The PCT system also gives applicants the opportunity to identify and correct potential flaws in their application early on, thanks to feedback from the International Searching Authority (ISA) and, if requested, the International Preliminary Examining Authority (IPEA).

Both the Paris Convention and the PCT offer strategic advantages, depending on the applicant's needs. The choice between them typically depends on the number of countries involved, time considerations, and budget.

The Paris Convention is often more suitable for applicants who:

· Intend to file in only a few countries.

· Have budget constraints and want to avoid high upfront fees.

· Need faster national processing and are ready to comply with each country’s requirements soon after the initial filing.

In contrast, the PCT is advantageous for those who:

· Plan to file in multiple jurisdictions.

· Want more time (up to 30 months) before deciding where to pursue protection.

· Prefer a more structured and centralized process in the early stages.

Another critical difference lies in cost structure. The Paris route generally has lower upfront costs but becomes more labor-intensive and costly if filing in many countries. The PCT route consolidates early costs, which can be higher, but it simplifies administration and can be more economical if multiple filings are expected.

Typical PCT costs include:

· An international filing fee (approx. 1,330 Swiss francs)

· A search fee (which can vary from 150 to 2,000 Swiss francs depending on the searching authority)

· A transmittal fee, which varies depending on the receiving office

Despite these costs, the PCT route may still save money and effort for applicants pursuing protection in numerous countries.

Both the Paris Convention and the PCT play vital roles in supporting international patent protection. They are not competing systems but complementary tools that cater to different needs. The Paris Convention offers flexibility and is ideal for smaller, quicker filings. The PCT, on the other hand, is better suited for applicants who need more time and aim to secure protection in many jurisdictions.

Choosing the right path depends on your filing strategy, business goals, budget, and the geographic scope of protection you require. Understanding the advantages of each system can help ensure that your invention receives the protection it deserves in the markets that matter most to you.

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