Latest Changes in European Patent Law

June 2002

1. New member states of the European Patent Organization
   
   On July 1, 2002 the European Patent Convention (EPC) will enter into force in the four European countries:
   
   · Bulgaria (BG)
   · Czech Republic (CZ)
   · Estonia (EE)
   · Slovakia (SK)
   
   These countries can be designated in all European patent applications or PCT-applications designating EPO filed on or after July 1, 2002. The European Patent Organization will then consist of a total of 24 member states and will continue to cover six extension states.
2. Accelerated grant procedure for European patents
   
   On July 1, 2002, a new grant procedure in the final stage of examination will enter into force, which allows an accelerated grant of the patent. The notice of allowance, in which the EPO informs the applicant of the text in which it intends to grant the patent (former communication according to Rule 51(4) EPC) and the invitation to pay the grant fees and file the translations of the claims (former communication according to Rule 51(6) EPC) are now combined in a new single communication according to Rule 51(4) EPC. In this communication the applicant is informed about the documents intended for grant and at the same time set a time limit of four months (extensible to six months) to pay the grant and printing fees and to file the necessary claim translations into the other two official languages of the EPO. Complying with these requirements is regarded as approval of the text intended for grant.
   
   If no request for extension of term is necessary, it can be expected that the final grant procedure can be accelerated by about three months.
3. Extended time limit for filing of divisional applications
   
   According to new Rule 25(1) EPC the time limit for filing a divisional application to a European patent application has been extended and now ends with the decision to grant of the parent application. The new time limit is applicable since January 1, 2002. Since it is not possible to determine the exact date of grant in advance, however, it is strongly advisable to file a divisional application at the latest within the time limit for paying the grant fees and filing the claim translations (see 2. above).

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