[Patents] Re: EPO patent on distributing cooking recipes in a supermarket

[Steve Probert steve.probert@patent.gov.uk]

>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
                                                                              
                                                                              
                                                                              
                                                                              
                                                                              
                                                                              
                                                                              
                                                                              
                                                                              
                                                                              
                                                                              
                                                                              
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