The quality of a patent is critical if it is to stand as an effective business asset. There are two aspects to patent quality. Firstly, the application process. Good quality avoids unnecessary complications. Secondly, the granted patent. Good quality defines a clear scope of protection.
The EPO is to be applauded in committing to its Quality Charter and associated suite of quality monitoring and measuring mechanisms. These include: ISO 9001 for management systems, ISO 27001 for information security, internal Directorate Quality Audits, Stakeholder Quality Assurance Panels (SQAP’s), a Quality Dashboard to assist examiners benchmark themselves against their colleagues, and User Satisfaction Surveys. The SQAP’s are of particular benefit, allowing attorneys and examiners to work together and share views.
All these ‘inputs’ lead to ‘outputs’ in the form of the EPO’s Annual Quality Report and the Quality Action Plan.
Of course, patent quality is not just up to the EPO. Everyone involved in the patenting process has a part to play. Quality is a shared journey for the applicant, the national attorney (when the applicant is from outside of Europe), the European attorney and the EPO examiner.
When preparing any patent application, there are a number of steps that can help processing by the EPO . Differences in language, national patent rules, and drafting styles as compared to the EPO can all lead to possible bumps in the patent road if not properly considered in advance. Also, the EPO’s strict understanding of ‘added subject matter’ and well-documented test for inventive step (using the problem/solution approach), differ from some other jurisdictions.
To avoid possible pitfalls in the European patent process, we have well-developed drafting practices and response techniques. We have formed these into foreign attorney/patent engineer training programs. These programs are geared towards making the process more efficient, so saving the applicant costs. They also make sure that the applicant gets the protection that they want and justly deserve.
We have extensive experience in filing patents in Europe and the UK for a diversity of applicants. If you need any advice or assistance, then please contact us at: mail@MorelandIP.com or see our website at: www.MorelandIP.com.
