Article 19

EUROPEAN PATENT OFFICE

Information from the EPO

Notice from the European Patent Office dated 10 February 2016 concerning exemption under Rule 141(2) EPC from filing a copy of the search results – utilisation scheme

1. Amended Rule 141(2) EPC provides that a copy of the search results under Rule 141(1) EPC is deemed to be duly filed if it is available to the European Patent Office (EPO) and to be included in the file of the European patent application under the conditions determined by the President of the EPO.1

2. Following a decision of the President of the EPO, the EPO includes the above-mentioned copy in the file of a European patent application where it has drawn up certain types of search report on an application whose priority is claimed, thus exempting applicants in these cases from filing the copy themselves.2

3. The President of the EPO has moreover decided that the EPO also includes a copy of the search results in the file of a European patent application, thus exempting the applicant from filing the copy himself, where the priority of a first filing made in Austria,³ Denmark⁴, Japan, the Republic of Korea, the United Kingdom,

or the United States of America is claimed.5^{, 6}

4. Spain is henceforth providing the EPO in electronic form with the search results covered by Rule 141(1) EPC. By decision dated 10 February 2016, the President of the EPO has therefore added Spain to the above list of countries.7

5. As a result, applicants will be exempted from filing a copy of the search results under Rule 141(1) EPC if they are claiming the priority of either

• an application on which the EPO drew up a certain type of search report, or
• a first filing made in
  
  –   Austria,
  
  –   Denmark,
  
  –   Japan,
  
  –   the Republic of Korea,
  
  –   Spain,
  
  –   the United Kingdom or
  
  –   the United States of America.