The Guidelines for Examination in the EPO («EPC Guidelines») and the Guidelines for Search and Examination at the EPO as PCT Authority («PCT-EPO Guidelines») give instructions on the practice and procedure to be followed in the various aspects of proceedings at the EPO.
Note that «[a]s a general rule, parties may expect the EPO to act in accordance with the Guidelines […]» at least to the extent first instance proceedings are concerned; see General Remarks (fifth paragraph). Accordingly, one should not blame an individual examiner for any wrongdoing as long as he/she is acting in conformance with the Guidelines. Rather, the Guidelines should be amended accordingly.
But … how would you have your say on the Guidelines?!
Here is the deal
The EPO has launched a public consultation on its Guidelines and invites all interested parties to participate. Comments can be submitted via an online form in any of the three official languages of the EPO. The consultation runs until 15 April 2020.
VESPA, the Swiss association of Swiss and European patent attorneys in private practice, is planning a submission on behalf of its membership.
Towards this end, VESPA would greatly appreciate if you send your comments on the EPO Guidelines by 31 March 2020 by e-mail to firstname.lastname@example.org.
Please use the following forms which are based on the layout of the EPO’s input mask:
Let’s join forces in order to improve the Guidelines. Now.
Reported by Martin WILMING
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