4.1.014 In your European patent application you must designate the Art. 81 inventor(s).
If you yourself are not the inventor or are not the sole inventor, you R. 19 must file the designation of the inventor in a separate document, GL A-III, 5 which must indicate the origin of your right to the European patent.
You can designate the inventor(s) in the tools provided by the EPO for online filing. Another option is to fill in and file the "Designation of inventor" form (EPO Form 1002) available on the EPO website (epo.org).
4.1.015 The person designated as the inventor will be mentioned in the Art. 127, 128(4), published European patent application, in the European patent 129(a) specification, in the European Patent Register and in the European R. 20(1), 143(1)(g), Patent Bulletin, unless they waive this right in due time in advance 144(GL Ac-)III, 5. 2 of publication.
4.1.016 If you do not designate the inventor when you file the European Art. 90(3)-(5) patent application, you will be invited to correct this deficiency R. 60(1) within sixteen months after the date of filing or, if priority is GL A-III, 5.5
claimed, the earliest priority date, and in any event no later than five weeks prior to the intended date of publication of the application (see point 5.3.001). If you fail to submit the designation of inventor within the specified period, your application will be refused (see point 5.2.005).
4.1.017 If you or your predecessor in title have duly filed an application for Art. 87 a patent, a utility model or a utility certificate in or for any state GL A-III, 6 party to the Paris Convention for the Protection of Industrial GL F-VI, 1.3
Property or any member of the World Trade Organization you may claim priority when filing a European patent application in respect of the same invention. You must file the European patent application no later than twelve months after filing the first application (see points 5.10.008-5.10.010).
If the earlier application was filed in or for an EPC contracting state, you may also designate that state in the subsequent European application. The earlier application whose priority you claim may also be a European or an international (PCT) application (see point 2.4.010).
4.1.019 To claim the priority of an earlier application you must indicate the date, country and file number of the earlier application.
You must also file the priority document, i.e. a copy of the earlier application certified by the authority with which it was filed, together with authentication of its filing date from that authority, within 16 months of the priority date. In certain cases you are exempted from having to submit a priority document: currently the EPO includes a copy of the earlier application whose priority you claim in the file of the European patent application free of charge if the earlier application is a European patent application or an international patent application filed with the EPO as receiving Office.
It is also possible for you to request that the EPO retrieve the priority document electronically via the WIPO Digital Access Service (DAS), provided that the office where the first filing was made participates in this service. To enable you to make use of DAS, the Office of First Filling will generate a dedicated access code, which you will need to provide to the EPO together with your retrieval request. You can file the retrieval request directly in the request for grant of a European patent (EPO Form 1001; see point 4.1.013) or by filing EPO Form 1013, available on the EPO website (epo.org). In response, the EPO will automatically retrieve, free of charge, the priority document issued by the Office of First Filing. For more information please consult the WIPO website (wipo.int).
If you are filing a European patent application claiming priority from an earlier application, you have to file a copy of any search results in respect of the earlier application. Where the search results are not available when filing the European patent application, they have to be filed without delay after they have been made available to you. The obligation to file the search results for the earlier application exists as long as the application is pending before the EPO. Where the EPO notes, at the time when the examining division assumes responsibility, that the search results have still not been filed, it invites you to file them within a non-extendable time limit of two months. If you fail to file the search results or a declaration that they are not available to you, the European patent application will be deemed to be withdrawn.
You are exempted from the obligation to file a copy of the search results if the EPO drew up the search report or your priority application was filed in Austria, China, Denmark, Japan, the Republic of Korea, Spain, Sweden, Switzerland, the UK or the US. In future, further countries are expected to be included in this list.
4.1.020 You should preferably submit the declaration of priority indicating the date, country and file number of the earlier application when you file your European patent application.
You must supply the complete declaration of priority and the priority document no later than sixteen months after the earliest priority date.
the deficiency; if you fail to do so, you will lose your right to priority (but see point 5.2.006).
4.1.021 Among the effects of a valid claim to priority is that the date of priority determines the prior art that can be cited against the European patent application.
As a rule, the EPO initially examines only the formal conditions for claiming priority. The examining division (see points 5.4.001 et seq.) normally checks whether a right to priority exists if it finds prior art (see point 3.3.001) from between the priority date and the date of filing of the European patent application or if it finds a prior right under Article 54(3) (see point 3.3.003). The subject-matter for which priority is claimed must be derivable directly and unambiguously from the full disclosure of the invention in the priority document.
Where the priority document is not in English, French or German, you may be invited to file a translation of the previous application into one of the EPO's official languages. If you receive such an invitation, which may happen throughout the grant or opposition proceedings, you must file the translation within the period set by the EPO. Alternatively, if the European patent application is a complete translation of the previous application, you may submit a declaration to that effect. If you fail to supply the translation of the priority document or the declaration in due time, the right to priority with respect to the priority claim in question will be lost. However, during grant proceedings, you may file a request for further processing if you have failed to file the translation in time.
4.1.022 Instead of filing application documents, you may file a European patent application by making reference to a previously filed application. When filing your patent application by reference to a previously filed application, you should indicate in the request for grant form (section 26.1 of the paper form) the filing date, the file number and the state or office where the previous application was filed. The reference must indicate that it replaces the description and any drawings. You will then have to file a certified copy of the previously filed application within two months of filing the application. If the previous application is not in English, French or German, you must file a translation thereof into one of those languages within the same time limit unless such a translation is already available to the EPO. If you do not file the certified copy within the said time limit or within a time limit set in a subsequent invitation, the application will not be dealt with as a European patent application. If you do not file a translation of the previously filed application within the said time limit or within a time limit set in an invitation, the application will be deemed to be withdrawn (but see points 4.1.007 and 5.10.008 ff).
Claims can also be filed by reference to those in the previously filed application. However, you may also decide to file a new set of claims replacing the set in the previously filed application.
4.1.023 If you have your residence or principal place of business in a contracting state, you may act on your own behalf in proceedings before the EPO (but see point 2.1.003).
If you have neither a residence nor your principal place of business in a contracting state, you must appoint a representative and act through them in all proceedings before the EPO other than in filing your European patent application and paying the fees.
4.1.024 Representation before the EPO may be undertaken only by professional representatives who are on a list maintained by the EPO, or by legal practitioners entitled to act before the EPO. You will find a searchable online database of professional representatives on the EPO website (epo.org).
4.1.025 As a rule, professional representatives who identify themselves as such do not need to file an authorisation, unless required under special circumstances.
Representatives may be authorised either by individual authorisation or by general authorisation. The relevant forms, to which amendments are permitted, can be downloaded free of charge from the EPO website (epo.org).
General authorisations are registered at the EPO. These are a practical option for all concerned.
4.1.026 If an authorisation is required but not filed within the period specified by the EPO, any actions taken by the representative other than the filing of the European patent application and the payment of fees are deemed not to have been taken.
4.1.027 If several representatives are appointed, they may act either jointly or singly before the EPO, regardless of any provisions to the contrary in the notification of their appointment or in the authorisation. With multiple representatives it is also advisable to give the particulars of only one of them in the request for grant, appending "et al." to their name. The EPO will address its correspondence to the representative named in the request for grant as long as it is not informed to the contrary.
You may also appoint an association of representatives consisting of professional representatives in private practice or employed in a company. In such a case each representative practising in this association is deemed to be authorised.
If you appoint an association, all communications will be notified to the registered address of the association indicated in the request for grant form (see point 4.1.013).
4.1.028 If you have your residence or principal place of business in a contracting state, you may also be represented by an employee, who need not be a professional representative.
