The European Patent Convention

Rule 159

The European Patent Office as a designated or elected Office – Requirements for entry into the European phase

(1)

In respect of an international application under Article 153, 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)[115]

supply, where applicable, the translation of the international application required under Article 153, paragraph 4;

(b)

specify the application documents, as originally filed or as amended, on which the European grant procedure is to be based;

(c)

pay the filing fee provided for in Article 78, paragraph 2;

(d)[116], [117] pay the designation fee if the period under Rule 39 has expired earlier;

(e)

pay the search fee, where a supplementary European search report has to be drawn up;

(f)

file the request for examination provided for in Article 94, if the period under Rule 70, paragraph 1, has expired earlier;

(g)

pay the renewal fee in respect of the third year provided for in Article 86, paragraph 1, if the fee has fallen due earlier under Rule 51, paragraph 1;

(h)

file, where applicable, the certificate of exhibition referred to in Article 55, paragraph 2, and Rule 25.

(2)

The Examining Division shall be competent to take decisions of the European Patent Office under Article 25, paragraph 2(a) PCT.

[115] See decision of the Enlarged Board of Appeal G 4/08 (Annex I).

[116] See opinion of the Enlarged Board of Appeal G 4/98 (Annex I).

[117] Amended by decision of the Administrative Council CA/D 4/08 of 21.10.2008 (OJ EPO 2008, 513), entered into force on 01.04.2009.

Art. 35, 150, 153

R. 10, 160-163

13.12.2007 - 31.03.2009

Decision of the Administrative Council of 07.12.2006 (CA/D 10/06), (OJ EPO 2007, 8 and Special edition 1/2007)

01.04.2009 -

CA/D 4/08 (OJ EPO 2008, 513)

EPC	EPC 1973
R. 159	Art. 153(2); R. 107

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The European Patent Convention