If you're used to the USPTO, European patent prosecution can feel rigid. The rules are strict, the format is formal, and there's little room for improvisation. But here’s the upside:
The process is also highly transparent, and the examiners are remarkably consistent. That’s no coincidence.
At the USPTO, many examiners begin their careers in patent law. It’s often their first exposure to intellectual property. Once they gain experience, many move on to private practice, where career prospects tend to be more attractive.
At the EPO, things look very different. Examiners are employed by the European Union and benefit from highly attractive working conditions, including exemption from income tax. A significant advantage in a region where 50% income tax rates are not uncommon. As a result, EPO examiners often stay for decades. This means you're dealing with highly experienced professionals, working under a shared framework of internal guidelines. You may not always like the outcome, but you can usually predict it.
There’s not much room to charm your way through prosecution, and arguments based on what seems reasonable won’t get far. But if you understand the structure and anticipate the objections, you can build a solid strategy. And avoid the ping-pong dynamic so familiar at the USPTO.
Predictability isn’t always exciting. But if you know how it works in European patent prosecution, it can be your biggest asset.