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Changes in European Patent Law, Status 1 April 2009 Red.

28.04.2009


Changes in European Patent Law, Status 1 April 2009 Red.

 

The Administrative Council of the European Patent Organisation (EPO) on 25 March 2009 has decided important changes to the implementing regulations of the EPC. These changes are part of the "raising the bar" project, which has the intention to improve the overall quality and to enhance legal certainty upon granting European patents.

 

The most important changes are briefly summarized in the following. For any questions you may have, please contact us.

 

On 1 April 2010 the following changes will enter into force:

  • Voluntary divisional applications are only possible within a period of 2 years from the first communication of the Examining Division. (Please note: For a chain of applications the first communication of the earliest application is decisive.)
  • “Forced” divisional applications due to non-unity are only possible within a period of 2 years from the first communication addressing said issue.
  • The period of 2 years in both the above mentioned cases is excluded from further processing.
  • For a transitional period of six months from 1 April 2010, i.e. until 1 October 2010, divisional applications can still be filed for all pending European applications.
  • For international applications for which the European Patent Office has performed the international search and/or the international preliminary examination, a communication according to (new) Rule 161 EPC will be issued upon entry into European regional phase, inviting the applicant to correct any deficiencies noted in the written opinion or in the international preliminary examination report and to amend the description, claims and drawings accordingly.
    A response to said communication and respective amemdments to the description, the claims and the drawings are due within a period of one month from the respective communication. Otherwise the application is deemed to be withdrawn.

 

 

Already since 1 April 2009 the following changes are in force:

  • Upon filing of an European patent application or upon entry into European regional phase all member states are deemed designated. The new flat fee for designation of all member states is EUR 500.
  • Upon filing of an European patent application or upon entry into European regional phase a claim fee of EUR 200 is due per claim for each claim 16 to 50 and EUR 500 per claim for each claim above 50.
  • Upon filing of an European patent application or upon entry into European regional phase a page fee of EUR 12 is due for each page above 35 pages. Upon grant however, there is no additional page fee anymore.