Dear Ms. XX
Thank you for your enquiry.
In reply to your enquiry, please note that the EPO is the executive body of the European Patent Organisation (EPO). It grants patents, in a unitary procedure, for thirty-eight Contracting States to the European Patent Convention (EPC).
In addition, it is possible to extend the protection obtained via a European patent to several so-called Extension States. In accordance with Article 2(2) EPC, the European patent shall, in each of the Contracting States for which it is granted, have the same effect of and be subject to the same conditions as a national patent granted by that state. A full list of the current Contracting States can be found at the following link: http://www.epo.org/about-us/epo/member-states.html.
In answer to your query, we would like to inform you that the Information Office of the European Patent Office (EPO) can only provide information of a general nature and is not in a position to offer advice on individual cases.
Under the law of the EPC, patents are only granted for inventions which are capable of industrial application, which are new and which involve an inventive step.
An invention can be, for example, a product, a process or an apparatus. The European patent system is based on the concept of absolute novelty, i.e. anything which has been made available to the public before the filing or priority date of a European patent application by means of a written or oral description, by use or in any other way can deprive an alleged invention of novelty. Under Article 54 EPC an invention is only considered to be new if it does not form part of the state of the art within the meaning of Article 54(2) EPC.
For further information concerning patentability including novelty and inventive step, we would like to refer you to the 'Guidelines for Examination in the EPO' Part G-I (www.epo.org via ‘Law and practice' then 'Legal texts’).
With this proviso, please note that Article 52(2) (a) and (c) EPC state that discoveries, scientific theories and mathematical methods, schemes, rules and methods for performing mental acts, playing games or doing business, and programs for computers as such are not regarded as inventions.
For more information concerning patentability including novelty and inventive step, we would like to refer you to the Guide for applicants 'How to get a European patent', Part B (EPO website www.epo.org via 'Applying for a patent' then 'Guide for applicants' in the drop-down box under 'European route').
We ask you to appreciate that the EPO is only able to provide opinions on patentability for pending European patent applications. Potential applicants who require such an opinion are recommended to seek advice from a European patent attorney, or a lawyer specialising in the field of intellectual property. A searchable database of professional representatives can be found at the following link Database of Professional Representatives.
For information on how to file a European patent application and about the European patent granting procedure, please refer to the ‘Guide for applicants - How to get a European patent, Part I' which is a helpful aid for potential applicants. The Guide can be found on the above-mentioned EPO website or can be obtained via the following link ‘Guide for applicants’. The necessary application forms for a European patent application can be found here EPO Forms and the current 'Schedule of fees and expenses' with a breakdown of the procedural fees can be found here.
We hope this information is of assistance.
We trust we have handled your enquiry to your satisfaction and can now close the case.
Please do not hesitate to contact us if you have comments or questions on this or any other subject. For information on how to reach us, visit http://www.epo.org/contact.
Yours sincerely,
Nathalie Patrice
EPO Customer Services
European Patent Office
www.epo.org
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