In the foreword to the report, EPO President Alison Brimelow says, “EPO is devoting particular attention to further enhancing patent quality, which is also dependent on the quality of the applications that are filed.”
“Suitable rules governing divisional applications are being discussed, as are appropriate internals means of permanently raising the bar in terms of the quality of grant proceedings.”
Highlights of the planned changes include:
Clarification of the scope of patent protection sought prior to search: a cap on the number of independent claims per application, and the opportunity for the examiner to have the claims clarified before searching, will help examiners perform a more focused search and reduce the risk of missing an important document.
Mandatory response to the written opinion issued with the search report: this reply from applicants, required before entering examination, will allow them six months to research and justify any issues raised in the written report.
One opportunity to file voluntary amendments: once in possession of the written opinion and the search report, applicants will be granted only one chance to make amendments of their own volition. This will focus attention and activity earlier in the examination process, and reduce the average number of communications required.
Mandatory provision of the basis for amendments: since applicants are better placed than anyone else to outline the basis for amendments, they are now obliged to clearly identify any changes they seek.
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