Pages 80-81

INFORMATION FROM THE EPO

Decisions of the President of the EPO

Decision of the President of the European Patent Office dated 22 December 1998 on the filing of priority documents¹

The President of the European Patent Office, having regard to Rules 38(3) and 104b(3) EPC, has decided as follows:

Article 1

Inclusion of a copy of the previous application in the file of a European patent application

The European Patent Office shall include free of charge a copy of the previous application, from which priority is claimed2, in the file of the European patent application, if the previous application is:

(a) a European patent application;

(b) an international application filed with the European Patent Office as receiving Office under the Patent Cooperation Treaty;

(c) a Japanese patent or utility model application or

(d) an international application filed with the Japanese Patent Office as receiving Office under the Patent Cooperation Treaty.

Article 2

Euro-PCT applications

Article 1 shall apply also to international applications entering the regional phase before the EPO as designated or elected Office (Rule 104b(3) EPC).

Article 3

Entry into force

This decision shall enter into force on 1 January 1999. It shall be applicable to all European patent applications filed in 1998 and to international applications which entered the European phase in 1998, if at the date of entry into force of this decision the time limit for filing the priority document has not yet expired.

Done at Munich, 22 December 1998

Ingo KOBER

President