Educational content: Extending time limits before the EPO

In my previous educational post I mentioned some options on accelerating the patenting process before the European Patent Office.

Having a quick grant might be beneficial
- if you are interested in enforcing your patent right against infringers,
- because a granted patent brings greater legal certainty for everyone, patent proprietors and any third parties, including competitors, investors and licensees,
- because a granted patent can give you considerable leverage in undergoing negotiations regarding licensing and royalty, and
- because a granted patent can also improve your patent portfolio and put you in an advantageous position for your discussions with (potential) investors.

However, depending on the strategy, the applicant's goal might be slowing down the procedure, for example if more time is needed to raise funds. During a longer procedure, the applicant can still enjoy the benefits of having the "patent pending" status. In Europe, slowing down examination may be even more beneficial, since by delaying the grant you can defer the validation costs as well.

While there are no real options to slow down the European patenting procedure, there is an option to extend certain time limits (R.132(2) EPC).

I have summarised the details of extension of time limits before the EPO in the enclosed pdf. Feel free to download it by clicking on the image.