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Albanian patent application
Summary of patent application in Albania
According to the European Patent Treaty, a European patent application can become a European patent in force in up to 30 countries: austria (AT), Belgium (BE), Bulgaria (BG), Cyprus (CY), Czech Republic (CZ), Denmark (DK), Estonia (EE), Finland (FI), France (FR), Germany (DE), Greece (GR), Hungary (HU), Ireland (IE), Italy (IT), Luxembourg (LU), Monaco (MC), there are 25 countries in the Netherlands (NL), Portugal (PT), Slovakia (SK), Spain (ES), Sweden (SE), Switzerland/Liechtenstein (CH & LI), Turkey (TR) and the United Kingdom (GB). The European Patent Office also contains six extension countries: Albania (AL), Latvia (LR), Lithuania (LT), Romania (RO), Slovenia (SI), Macedonia (MK). The extending country is not a formal signatory to the European Patent Treaty, but by agreement with the European Patent Office, a European patent application may in fact include the extending country, so that the granted European patent can automatically enter into force in one or more of these countries.
patent application procedure
The application is broadly divided into the following steps:
Applicants may file an application with the European Patent Office in one of the three official languages: English, French and German. Generally, our country applies mostly in English.
The contents of the application documents should be consistent with the Chinese patent application documents, generally: description, claims, abstract and abstract drawings (if necessary). If you apply to Europe through the Paris Convention within 12 months from the filing date of China's earlier application and claim the right of priority in China, you need to submit a priority certificate.
Thereafter, the EO will issue a notice that the amendment of the claim may be submitted within one month from the date of the notice, regardless of whether the applicant has made the amendment or not, but this period cannot be extended.
2. Search by the European Patent Office
The European Patent Office usually searches existing technical documents related to the patentability of the application and informs the European patent lawyer of the search result. When the applicant receives this search report, it is usually necessary to evaluate the patentability of his invention and the possibility of obtaining authorization based on the search results.
3. Publication of patent applications
The European patent will publish the patent application 18 months from the priority date (filing date).
The European Patent Office wants the search report to be made before publication so that the applicant can make a choice whether to continue the application process. However, due to the large number of European patent applications, search reports are increasingly issued after publication.
4. Requests for substantive review and substantive review
The applicant shall submit a request for substantive examination at the same time as the application or within six months from the date of publication of the EEA's search report. At the same time as the request for substantive examination, the specific member state shall be designated from the European member states and the examination fee and the designation fee shall be paid. If seven designation fees are paid, all States parties to the European Patent Treaty can be designated, but the designation fee for the extended country needs to be paid separately.
After the substantive examination is submitted, the European patent application enters the actual examination procedure and usually receives the examination opinion of the European Patent Office within 1-3 years after the actual examination is submitted.
In response to the review opinion, the application document is usually refuted or amended on the basis of the opinion of the examiner, but when the response cannot reject the objection, the applicant is given the opportunity to participate in the "oral examination procedure" held at the European Commission, and the applicant may personally present his opinion to the three members of the European Commission dealing with the case. When the application is rejected at the oral stage, the applicant also has the right to appeal to the Appeal Board of the European Office.
5. European patent authorization
When the review has been approved, the EFA will issue a copy of the authorization notice. The applicant chooses to agree to the authorization text and allow the application to enter the authorization process, or to modify the text or claims according to his own will. At the same time (effective after July 1, 2002) pay the authorization fee and submit the translation of the claim in the other two languages. In addition, it is necessary to inquire whether a translation of the priority supporting document has been submitted. After the above work is completed, the European patent is officially granted and a certificate of authorization is issued.
6. Entry into force in European Member States
Generally, after receiving notification of the grant, the applicant must decide which country to enter into force from the list of designated countries and notify the European Patent Office in which countries the patent is effective.
After the effective country is determined, according to the regulations of each effective country, it is generally necessary to translate the entire content of the European patent into the language of that country and submit it to the effective country in order for the European patent to take effect in that country. Generally, European Member States require that the translation work be completed within 3 months of the authorization announcement and be effective in each country. Therefore, if the applicant needs to be effective in many countries, it needs to prepare more fees.
After completing the work effective in different countries, the applicant has patents in different countries, they are independent of each other, and each item needs to pay an annual fee.