Publication and Provisional Rights
A European patent application is published as soon as possible "after the expiry of a period of eighteen months from the date of filing or, if priority has been claimed, from the date of priority", or "at the request of the applicant, before the expiry of that period". While early publication of a European patent application can be requested, there are no provisions in the EPC which would permit any delaying of the publication. There is indeed an overriding public interest in the timely publication of the application.
As from its publication, a European patent application may confer to the applicant some provisional rights in the contracting states designated in the application. These rights include at least the right for the applicant to "claim compensation reasonable in the circumstances from any person who has used the invention in that State in circumstances where that person would be liable under national law for infringement of a national patent." In relation to some contracting states however, a translation of the claims is required for the provisional rights to come into effect.
Read more about this topic: Grant Procedure Before The European Patent Office, Main Procedural Steps
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