Hoffmann Eitle - München, London

Hoffmann · Eitle Newsletter 3/2009 - Early Stage Restrictions of European Patent Applications - The Decision CA/D 3/09 of the Administrative Council

Author(s): Dr. Matthias Wolf, Dr. Declan Mulhern

On March 25, 2009 the Administrative Council of the European Patent Organisation announced the decision CA/D 3/09 outlining new amendments to the Implementing Regulations to the European Patent Convention (EPC). This decision concerns a number of wide-ranging changes which are intended to reduce prosecution times at the European Patent Office (EPO) by making applicants focus their applications on those embodiments they consider most important at an earlier stage of the proceedings. The decision will come into force on April 1, 2010 and will significantly raise the pressure imposed upon applicants to restrict their applications to the “core of the invention” even before the substantial examination has been started.

The Hoffmann · Eitle Newsletter 3/2009 intends to provide a summary of the amendments as well as guidance regarding the changes to the prosecution of European patent applications.