Filing of a new European patent application by the entitled person

According to Rule 17 of the European Patent Convention (EPC) Implementing Regulations,

(1)

Where the person adjudged by a final decision to be entitled to the grant of the European patent files a new European patent application under Article 61, paragraph 1(b), EPC (regulating European patent applications filed by non-entitled persons)  the original application shall be deemed to be withdrawn on the date of filing the new application for the EPC Contracting States designated therein in which the decision has been taken or recognised or must be recognised on the basis of the Protocol on Recognition.

 

(2)

The filing fee and search fee shall be paid within one month of filing the new application. If the filing fee or search fee is not paid in due time, the application shall be deemed to be withdrawn. 

 

(3)

The designation fee shall be paid within six months of the date on which the European Patent Bulletin mentions the publication of the European search report drawn up in respect of the new application. Rule 39, paragraphs 2 and 3, of EPC Implementing Regulations  (regulating Designation fees) shall apply.


Prepared by European Patent Registration and Consulting Services
www.european-patent-registration.com
de.linkedin.com/in/europeanpatentregistration