EP Patent Health Check

In view of the increasing divergence between patent practice in Europe and other jurisdictions, clients have found our EP "health check" service of benefit for specifications originating outside Europe. In particular, clients have found that obtaining advice relating to the EPO’s currently strict approach to assessing what is directly and unambiguously derivable from an application can prove invaluable in pre-empting added subject-matter objections and strengthening a valid claim to priority.  Likewise, advice relating to the EPO’s assessment of plausibility and sufficiency of disclosure. 

Where time allows, the ideal time for an EP "health check" is prior to filing a priority forming application. An EP "health check" can also be valuable in preparing a specification for PCT filing and when assessing an application to determine whether to enter the EP regional Phase.

The “health check” can range from a review of the claims only for introduction of EP friendly claim wording and claim formats from a basis and clarity viewpoint, to a more comprehensive full specification review involving a more detailed consideration of basis and clarity and a review of Examples and data for establishing ‘plausibility’ of an invention under European practice. 

You can find out more about patent attorneys at CMS below: