How does the EPO determine its competence to search international applications?
The European Patent Office (EPO) determines its competence to search international applications based on specific criteria. According to MPEP 1840.01:
“The EPO will act as an International Searching Authority for international applications filed in the U.S. Receiving Office if the EPO is competent to search the international application and the application is filed in English, French or German.”
The EPO’s competence is primarily determined by:
- The language of the application (must be in English, French, or German)
- The subject matter of the application (certain fields are excluded for U.S. nationals/residents)
- The applicant’s nationality or residency (specific limitations apply to U.S. nationals/residents)
It’s important to note that the EPO has limited competence for certain applications filed by U.S. nationals or residents, particularly in the fields of biotechnology, business methods, and telecommunication systems.
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