Realigning the European patent grant procedure

30 March 2010

Following an extensive review of practice and procedure at the EPO, a package of new measures is entering into force on 1 April containing new rules on search and examination at the EPO, and time limits for the filing of divisional applications. The changes are aimed at fine-tuning patent practice in order to improve efficiency and uphold the high quality of European patents.

The main changes are to a number of European Patent Convention Rules, formally adopted by the Organisation's Administrative Council. The new and amended Rules relate to the filing of divisional applications, pre-search communication between examiner and applicant, obligatory response to the search opinion prior to entry into substantive examination, a requirement for applicants to identify and indicate the basis for amendments and a clearer restriction of examination only to the subject matter searched.

Updated versions of the Guidelines for Examination at the EPO and Internal Instructions also enter into force on 1 April 2010. The new guidelines have been adapted to the more recent case law of the EPO's Boards of Appeal, and aim to help EPO examiners apply the current EPO patentability standard in an efficient and consistent manner across all technical fields.

Further information:

• Website feature: Realigning the European patent grant procedure
• Rule changes as of 1 April 2010
• New edition of the EPO Guidelines for Examination