欧洲专利授权后进入国家的疑问

不好意思发错了是授权后进入的国家如：英，法，德，意，西班牙还会给发专利证书吗？

歐洲專利授權之後，等於給了你進入一棟大廈的鑰匙，但如果你要進入具體的某一間房子（國家），就需要做 "validated"，即備案！
需要進入具體的成員過做備案，才可以拿到相應國家頒發的專利權。而且時間有限，必須在EPO授權之後的三個月內遞交備案文件之類的。如英國，PEO授權之後，繳納相應的維持年費（EPO授權之後就不再EPO繳納年費了，而是在你想進入的具體某一個成員國繳納年維持費），提交相應的表格，再更待UK專利局給回應……

Granting of European Patent
When the European Patent Office (EPO) agrees that an application is ready to be granted, there are various procedures that must be followed and actions to be completed within certain time limits. The purpose of this page is to explain the procedure and give you an idea of the likely time scale and costs. Basically, for a European Patent (EP) to proceed, two matters must be dealt with:
1         The European Patent Office must grant the patent

2        The patent must be "validated" in whichever of the designated countries are now required by the applicant - for almost all countries this requires the preparation and filing of a translation of the entire patent specification into an official language of that country. A more detailed explanation of each step is given below.

COMMUNICATION UNDER RULE 51 (4)
This is a letter from the European Patent Office which indicates that the application is acceptable in principle. A copy of the specification is attached to the communication, usually including amendments proposed by the Examiner. The applicant must reply to the European Patent Office to indicate either that the text of the specification is approved, or that it is not approved, or that it is not approved and proposing amendments. In the latter case, if the amendments are not acceptable, further examination is likely. Once the text has been approved, it is extremely difficult to make further amendments.
At this stage, we will also give you a detailed estimate of the likely cost of proceeding in each of the designated countries you wish to proceed. You may choose not to proceed with some countries in order to reduce expense.

"FURTHER PROCESSING"
If no reply is sent, the European Patent Office will set a further deadline of two months in which to fulfil these requirements, but extra "further processing" fees will be incurred. If this deadline is not met, the application will be irrevocably withdrawn.

COMMUNICATION UNDER RULE 51 (6)
1         Following the response to item (1), the European Patent Office will issue the communication under Rule 51 (6) EPC. This sets a deadline of three months for paying the official grant and printing fees, and filing a translation of the claims into French and German. This deadline may also be extended using "further processing".

2        If the European application claims priority from an application which is not in English, then the European Patent Office will also request a translation of the priority document into English if one has not previously been filed. The deadline for doing this will also be three months and is inextensible. If the deadline is not met, the priority claim will be lost. We will report this deadline to you and request that you send us the required translation in good time before the due date.

DECISION TO GRANT
Once the official fees have been paid and the translations of the claims into French and German filed, the European Patent Office will issue another communication, the "Decision to Grant". This is not issued until at least five months after the issuance of the "communication under Rule 51 (6) EPC", and informs us that the EPO will now issue the "Certificate of Grant" and publish details of grant of the patent in the European Bulletin. The "Decision to Grant" advises us of the date on which this will happen.

ISSUE OF THE GRANT CERTIFICATE AND OPPOSITIO***ERIOD
Once the certificate of grant of the patent has been issued, it will be sent to you. There is also an opposition period of nine months from the date of grant in which third parties may file an opposition to your patent. If this were to happen we would inform you immediately.

VALIDATION OF THE PATENT IN THE SELECTED DESIGNATED COU***IES
Within three months of the date of the grant, all necessary action must be taken in order to give effect to your patent. By this time, we would expect to have already received your instructions regarding which countries you are still interested in, and we will have sent you any necessary powers of attorney.

TRANSLATIONS
Almost all EPC countries require full translations of the specifications to be filed at their Patent Office in one of their national languages. Countries that require a full translation of the specification are:
           Austria
            Belgium
            Denmark
            France
            Germany
            Greece
            Italy
            Netherlands
            Portugal
            Spain
            Sweden
            Switzerland
A French translation can also be filed in Belgium and Switzerland; a German translation can also be filed in Austria and Switzerland; and an Italian translation can also be filed in Switzerland.
Countries that do not require a translation (of a specification in English) are:
           Ireland
            Luxembourg
            Monaco
            United Kingdom

POWERS OF ATTORNEY
Many countries also require a Power of Attorney signed by the applicant to be filed.
Countries that require a Power of Attorney are:
            Austria
            Belgium
            Ireland
            Italy
            Monaco
            Portugal
            Spain
            Sweden
Luxembourg will require a Power of Attorney for non-UK applicants, Greece will require a notarised Power of Attorney for the first validation of a European Patent application in Greece by an applicant. If you choose not to use our usual attorneys in Switzerland and the Netherlands, then these two countries will also require a Power of Attorney.
Countries that do not require a Power of Attorney are:
            Denmark
            France
            Germany
            United Kingdom

PUBLICATIONS
Austria, Denmark, Germany and Sweden will also publish the completed grant text in their national language.

RENEWALS
Once everything has been done, your patent will then be in force in each of your selected countries. It must then be renewed each year and we can of course deal with this for you if you wish.

ACCELERATED GRANT PROCEDURE
The EPO is prepared to accelerate the grant procedure of the patent application if you wish. If you choose this, then issue of the grant certificate can be achieved within three months rather than, on average, nine to twelve months. If you are interested in this procedure, let us know and we can request it for you.
The requirements are as follows:
•         When we inform you of receipt of the "communication under Rule 51 (4) EPC", you must immediately give approval of the text (as long as the text is satisfactory) and send us your instructions to accelerate the grant.

•        On receipt of your instructions, we will immediately send approval of the text to the European Patent Office and begin the translation of the claims into French and German. Within about two weeks we will file these translations and pay the grant and printing fees, simultaneously requesting "Accelerated Grant".

•        The European Patent Office will then issue the "Decision to Grant" within four to six weeks. We will monitor receipt of this to ensure that the Accelerated Grant is taking place.

•        Six weeks later the Certificate of Grant will be issued and the patent then needs to be validated in the required countries, as explained above. Naturally, the sooner you tell us of your selected countries the sooner we can begin preparation of the full translation.

本帖最后由 ywlxw 于 2011-2-18 08:57 编辑

回复 lorsena 的帖子

这个我知道我是想问办完进入国家的手续后，各个国家是分别再给一个专利号呢还是沿用欧洲专利局授权的专利号，各个国家会再发一个授权证书吗？办完进入各国家的登记后收到的官方回复文件是什么？

不发证书，法国会给回执，德国会给回执，英国没见给回执，但也给给个CERTIFICATE OF PAYMENT OF PATE****ENEWAL FEE
都会分配一个号码。
欧洲证书也就几张纸，各国备案也是一张简陋的纸张
严重不讲究面子。

谢谢楼上经验之谈~~