Jump to ContentJump to Main Navigation
The Economics of the European Patent SystemIP Policy for Innovation and Competition$
Users without a subscription are not able to see the full content.

Dominique Guellec and Bruno van Pottelsberghe de la Potterie

Print publication date: 2007

Print ISBN-13: 9780199216987

Published to Oxford Scholarship Online: May 2007

DOI: 10.1093/acprof:oso/9780199216987.001.0001

Show Summary Details
Page of

PRINTED FROM OXFORD SCHOLARSHIP ONLINE (www.oxfordscholarship.com). (c) Copyright Oxford University Press, 2019. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 18 November 2019

Patenting Procedures and Filing Strategies at the EPO

Patenting Procedures and Filing Strategies at the EPO

(p.155) 6 Patenting Procedures and Filing Strategies at the EPO
The Economics of the European Patent System

Niels Stevnsborg

Bruno van Pottelsberghe

Oxford University Press

This chapter describes the various routes that can be chosen to obtain patent protection in some or all of the European countries. The EPO offers a centralized granting process, which includes various stages from the search for prior art, to the substantive examination and the final decision to grant the application. A typology of four broad filing strategies is developed to characterize the applicants' behaviour: a good will with fast track, a good will with slow track, a bad will with slow track, and a deliberate abuse of the system. It is shown that the chosen strategy will affect the patenting route, the drafting style, and the interaction with the EPO. Some of these filing strategies may induce an unwanted burden on the patent office; a disproportionate degree of uncertainty to competitors; and an unclear published prior art.

Keywords:   European Patent Convention, patenting strategy, patent drafting, patent filing, procedural duration, uncertainty, patenting routes, Patent Cooperation Treaty

Oxford Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.

Please, subscribe or login to access full text content.

If you think you should have access to this title, please contact your librarian.

To troubleshoot, please check our FAQs , and if you can't find the answer there, please contact us .