European Patent Network Supports Filing of Search Results under Amended Rule 141 EPC

Illustration on the website of the Europen Patent Network According to a Notice dated 28 July 2010 of the Administrative Council, the permanent utilisation scheme (see CA/D 18/09 of 28.10.2009, OJ EPO 2009, 585) to be implemented by amended Rule 141 and new Rule 70b EPC will apply to EP/PCT applications that are filed on or after 1 January 2011. The permanent utilisation scheme will enable the EPO to utilise work carried out on a first filing by a National or Regional Patent Office during the priority year. It is an outcome of the Utilisation Pilot Project conducted from April 2007 to August 2008 and part of the agenda of the European Patent Network in which National Patent Offices (NPOs) of the EPC member states agreed on "utilisation by the EPO of work done by NPOs". In brief, while amended Rule 141 (1) EPC requires that for an EP application claiming one or more priorities, copies of the related search results from the Office(s) of first filing have to be filed directly upon filing the EP application or upon entry of an PCT application into the European regional phase, amended Rule 141 (2) EPC relates to cases in which the search results are automatically included in the EPO's file, so that the applicant is releaved from the obligations to file copies of search results, e.g. if those search results were drawn up by the EPO itself. At this point the "European Patent Network" comes into play as soon as the required electronic communication environment between NPO's and the EPO is set up that allows for automatic forwarding of such search results from an NPO to the EPO ...Zum vollständigen Artikel

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