Pages 199-200

ADMINISTRATIVE COUNCIL

Decisions of the Administrative Council

Decision of the Administrative Council of 4 June 1981 on the inclusion of a new Rule 85b in the Implementing Regulations to the European Patent Convention

THE ADMINISTRATIVE COUNCIL OF THE EUROPEAN PATENT ORGANISATION,

Having regard to the European Patent Convention (hereinafter referred to as the "Convention"), and in particular Article 33, paragraph 1 (b), thereof, On a proposal from the President of the European Patent Office,

HAS DECIDED AS FOLLOWS:

Article 1

A new Rule 85b, reading as follows, shall be incorporated in the Implementing Regulations:

"Rule 85b1

Period of grace for the filing of the request for examination

If the request for examination has not been filed within the time limit provided for in Article 94, paragraph 2, it may still be validly filed within a period of grace of two months after the expiry of the time limit, provided that within this period a surcharge is paid."

Article 2

Rule 85b of the Implementing

Regulations shall apply to all cases in which establishment of loss of rights has not yet become final on the date of the entry into force of the present Decision, it being understood that the request may still be validly filed within two months after the entry into force of this Decision provided that the surcharge is paid within the same period.

Article 3

The President of the European Patent Office shall forward a certified copy of this Decision to all the signatory States to the Convention and to the States which accede thereto.

Article 4

This Decision shall enter into force on 4 June 1981.

Done at Munich, 4 June 1981

For the Administrative Council

The Chairman

G. Vianès