From steve.probert@patent.gov.uk  Tue Oct 31 15:38:50 2000
Date: Tue, 31 Oct 2000 15:38:50 +0000
From: Steve Probert steve.probert@patent.gov.uk
Subject: [Patents] Re: EPO patent on distributing cooking recipes in a
 supermarket

>In the UK Patent Office access to Esp@cenet the number concerned is
>noted as a "requested patent", i.e. an application. The pdf file shows an
>application and the hypertext link would include a "B" if there were a
>patent. I'm not sure how long it takes for grant to be reflected in the
>database - maybe Steve Probert can answer that.

European patent applications, like British applications, are published early in the process (often before they are examined) to enable members of the public to comment if they are aware of relevant prior art.  This is entirely separate from the opposition procedure that operates under the EPC.  Opposition under the EPC takes place during the nine months immediately after grant. (NB. In the UK there is no such opposition period for patents.)
When an application is first published, it is given an A suffix; this publication corresponds to the patent application as it was originally filed.

Incidentally, European patent publications have an additional numeric suffix (1, 2 or 3) which indicates whether the publication includes a search report.

If and when an application is granted, it is republished in its granted form (ie with any amendments that were made during examination).  These publications have a B suffix.  Many databases (including Esp@cenet) only carry the A publications since patent law prevents the applicant from adding anything to the application after it has been filed.  Thus if there is a difference between A and B publications, the A will always be the broadest disclosure.  Of course if you are considering a potential infringement, you have to look at B publications, but most of the time these databases are being searched for prior disclosures that might invalidate a subsequent patent - the A document is the most important for this purpose.

Those databases that do carry grant information are usually updated at least weekly from data tapes (or CDs) supplied by the Patent Offices.  The Patent Offices' own records are usually live, and in the case of the UK Office, the information available via our website is usually updated daily.

I hope this is helpful.

Steve Probert
The Patent Office, UK
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                               !
                                                                                  




