IP Law News

EURO – PCT APPLICATION, DEADLINE FOR ENTRY INTO EUROPEAN PHASE

According to rule 159 of the European Patent Convention (EPC) Implementing Regulations (IR) The deadline for entering the European regional phase is 31 months from the earliest priority date of the International (PCT) application, or from the filing date of the PCT application if no priority is claimed.

INTERNATIONAL (PCT) APPLICATION ENTRY INTO EUROPEAN PHASE – TRANSLATION REQUIREMENTS

According to European Patent Convention (EPC) Regulations, the applicant seeking for a European Patent via PCT route shall within thirty-one months from the date of filing of the application or, if priority has been claimed, from the priority date, supply to the European Patent Office (EPO) the translation of patent application documents into one of the EPO Official languages ( English, French or German) .

What is a Euro-PCT application ?

According to regulations Euro – PCT Application is an international applicatio

EURO – PCT APPLICATION, AMENDMENTS OF THE APPLICATION ON ENTRY INTO EUROPEAN PHASE WITH RESPECT OF AVOIDING SOME EPO OFFICIAL FEES

According to rule 159 of the European Patent Convention (EPC) Implementing Regulations (IR) and other EPO regulations, on entry  of the PCT Application into European phase the applicant has to specify the application documents, as originally filed or as amended, on which the European grant procedure is to be based.

Based on this regulation , on entry into European phase the applicant can make amendments of its patent application.

EURO – PCT APPLICATION, WHICH FEES ARE TO BE PAID ON ENTRY INTO EUROPEAN PHASE

According to rule 159 of the European Patent Convention (EPC) Implementing Regulations (IR) and other EPO regulations, the following EPO official fees are to be paid with respect to entry of one International (PCT) Application into European phase:

Filing fee, (for filing online, for application containing up to 35 pages),,,,,,,,,................................................................................................135,- EUR

EURO – PCT APPLICATION, REQUIREMENTS FOR ENTRY INTO EUROPEAN PHASE

According to rule 159 of the European Patent Convention (EPC) Implementing Regulations (IR)

(1)

In respect of an international application for which the European Patent Office(EPO) is a designated or elected Office , the applicant shall perform the following acts within thirty-one months from the date of filing of the application or, if priority has been claimed, from the priority date:


(a)

EUROPEAN PATENT – DECISION ON TAKING OF EVIDENCE

According to rule 117 of the European Patent Convention (EPC) Implementing Regulations (IR),

Where the European Patent Office (EPO) considers it necessary to hear a party, witness or expert, or to carry out an inspection, it shall take a decision to this end, setting out the investigation which it intends to carry out, relevant facts to be proved and the date, time and place of the investigation and whether it will be conducted by video conference.

EUROPEAN PATENT – NOTING OF LOSS OF RIGHTS

According to rule 112 of the European Patent Convention (EPC) Implementing Regulations (IR),

 

(1) If the European Patent Office notes that a loss of rights has occurred, without any decision concerning the refusal of the European patent application or the grant, revocation or maintenance of the European patent, or the taking of evidence, it shall communicate this to the party concerned.

 

EUROPEAN PATENT – FORM OF DECISIONS

According to rule 111 of the European Patent Convention (EPC) Implementing Regulations (IR),

 

(1) Where oral proceedings are held before the European Patent Office (EPO), the decision may be given orally. The decision shall subsequently be put in writing and notified to the parties.

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