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European patent prosecution – impact of the International Searching Authority (ISA)
When entering the European regional phase from the PCT phase the choice of the international searching authority (EPO or non-EPO international searching authority) has an impact on the actions that are required shortly after regional phase entry and also an impact on the fees that are payable. This article provides a high level overview of the main points of difference. (more…)
Patent Amendment in the US and Europe
This article compares amendment of patent applications before the USPTO and the European Patent Office (EPO), focussing on the differences in law and practice between these jurisdictions. Adaptation of a PCT application for regional phase entry in each jurisdiction is also discussed. References are made to the EPO Guidelines, which is the main source for European Patent Office practice. Some guidance is also provided on differences between claim interpretation in Europe and the US. (more…)