European Patent Office
1979

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Supplements / Special editions
Supplement to OJ 10/1979

    Pages 289-290

    Citation: OJ EPO 1979, 289

    Online publication date: 15.8.1979

    ANNOUNCEMENTS

    Length of time limits to be fixed under Article 96(2) of the EPC

    The period of time for the reply to a communication under Article 96(2) has to be determined by the Examination Division. In order to facilitate the work of applicants and the Office, the President of the European Patent Office has decided to adopt a uniform practice with respect to such time limits. This practice will be as follows:

    (1) Three months if deficiencies in the application are merely formal or involve merely the correction of minor deficiencies

    (2) Six months in all other communications from the Examining Division (i.e. all communications raising objections of substance).

    Requests for extension of a time limit will be granted only in exceptional cases and only when sufficient and convincing reasons are given. In this regard, attention is directed to the Guidelines for Examination at E, VIII, 1.6.

    Having regard to the fact that the European Patent System is a new one in which no one has yet had any practical experience, the above-mentioned time limits correspond to the maximum time limits allowed under the Convention.

    This practice will be reviewed before the end of one year and may be revised in the light of experience.

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