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页之码IP
According to the relevant provisions of Article 115 of the EPC, third-party public opinions are allowed to be submitted on patents that are undergoing limitation procedures. However, Article 105b of the European Patent Convention or Article 95 of the European Patent Convention does not provide for patentability examination, and Article 115 of the EPC specifically mentions opinions on patentability. So, is there any reason to allow third parties to submit third-party public opinions on patentability for patents that are undergoing limitation procedures according to Article 115 of the EPC?
- a. Yes, it is possible to convince the Examining Division to consider patentability as part of the limitations procedure.
- b. Yes, patentability can be considered in a broad sense to include issues relating to Articles 84 and 123(2) EPC.
- c. No, there is no point in submitting patentability opinions as they will not be taken into consideration.
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