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(p. 135) 5. The Procedure for Obtaining a European Patent 

(p. 135) 5. The Procedure for Obtaining a European Patent
(p. 135) 5. The Procedure for Obtaining a European Patent

Justine Pila

and Paul L .C. Torremans

Page of

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date: 19 November 2019

This chapter considers the procedure for obtaining a European patent. The procedure may be initiated directly with the European Patent Office (EPO); indirectly with a competent patent office of a European Patent Convention (EPC) Contracting State; or by international patent application under the Patent Cooperation Treaty 1970. Whatever route is taken, however, obtaining a European patent can be an onerous and expensive process that requires several years to complete. In addition, the granting of a patent does not guarantee its validity, which can only be established by a competent judicial authority. Reducing the burden on patentees and improving patent quality with a view to minimizing the risk of a patent's revocation post-grant are currently among the key issues of concern within the European patent community.

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