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Guide for applicants, Part 2: PCT procedure before the EPO (Euro-PCT Guide)

 
 
Extension
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With some European states, which are not a party to the EPC and thus not "included" in the designation "EP", the EPO has agreed a so-called "extension agreement". Pursuant to such agreement an applicant may, in the European phase, extend his application to any "extension state" on condition that all requirements are met. Valid extension requires, firstly, that on the international filing date the extension agreement was in force and, secondly, that this extension state was both a PCT contracting state at the filing date and was designated for a national patent in the international application.
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The extension states listed below were already PCT contracting states on the date of entry into force of the extension agreement. Moreover, as from 1 January 2004, all PCT contracting states are automatically designated for a national and, where applicable, a regional patent (see point 116).
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On 1 January 2014 an extension agreement is in force with:  
Bosnia and Herzegovina (BA) (since 1 December 2004); 
OJ 2004, 563, 619
OJ 2007, 406
OJ 2010, 10
Montenegro (ME) (since 1 March 2010). 
125
As to the extension of a European patent to the Republic of Montenegro (ME) following its Declaration of Independence on 3 June 2006 and before entry into force of the extension agreement on 1 March 2010, reference is made to the information in the Official Journal. 
126
The extension agreements with Albania (AL), Croatia (HR), Latvia (LV), Lithuania (LT), the former Yugoslav Republic of Macedonia (MK), Romania (RO), Serbia (RS) and Slovenia (SI) terminated when these states acceded to the EPC. The extension system continues to apply after the relevant termination date for all applications filed prior to the date on which the extension agreement concerned terminated.
OJ 2002, 463
OJ 2003, 1
OJ 2004, 481
OJ 2005, 299
OJ 2007, 637
OJ 2008, 507
OJ 2010, 96
OJ 2010, 394
127
A decision on the states for which extension is sought - and in accordance therewith timely payment of the extension fee(s) is due - need not be taken until the application has to enter the European phase (see points 561 ff).
OJ 2009, 603