U.S. patent attorneys often skim the EPO search report, note that there are objections, and proceed with arguments grounded in the overall strength of the invention. Instructions like ‘just mirror the US patent and file a response to the office action accordingly’ ignore how different the systems really are.
In Europe, a granted U.S. patent doesn’t carry persuasive weight. The EPO examiner will independently assess novelty, inventive step, clarity, and support. Based solely on European standards. And they’ll tell you exactly why the claims don’t meet those requirements. The objections aren’t vague. They’re structured, specific, and actionable.
The instinct to defend the invention broadly might work in the U.S., but at the EPO, the task is different. Overcome each objection and do no more than that. Every extra statement becomes part of the file, and in Europe, that record can, and will, be used during further prosecution, in opposition or litigation.
The EPO search report isn’t just a hurdle. It’s a roadmap. Use it well, and you’re already halfway there.
There’s a cheap and effective way to obtain the EPO search report early: the Dutch route. File a Dutch patent application after your U.S. priority filing and request an EPO search. It typically arrives within nine months. Well before the end of the priority year. That early insight gives you time to revise the spec or claims even before filing the European or PCT application, based on actual EPO feedback.
Need a pragmatic partner in Europe to navigate the EPO with less friction? I’m happy to talk.
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