Article 36

ADMINISTRATIVE COUNCIL

Decision of the Administrative Council of 27 March 2020 amending Rule 142 of the Implementing Regulations to the European Patent Convention and Article 2 of the Rules relating to Fees (CA/D 2/20)

THE ADMINISTRATIVE COUNCIL OF THE EUROPEAN PATENT ORGANISATION,

Having regard to the European Patent Convention (hereinafter referred to as "EPC") and in particular Article 33(1)(c) thereof,

On a proposal from the President of the European Patent Office,

Having regard to the opinion of the Committee on Patent Law,

HAS DECIDED AS FOLLOWS:

Article 1

Paragraph 2 of Rule 142 of the Implementing Regulations to the EPC will read as follows:

"(2) When, in the cases referred to in paragraph 1(a) or (b), the European Patent Office has been informed of the identity of the person authorised to continue the proceedings, it shall notify such person and, where applicable, any third party, that the proceedings will be resumed as from a specified date. If, three years after the publication of the date of interruption in the European Patent Bulletin, the European Patent Office has not been informed of the identity of the person authorised to continue the proceedings, it may set a date on which it intends to resume the proceedings of its own motion."

Article 2

Article 2, paragraph 1, item 2, third indent, of the Rules relating to Fees will be reworded as follows:

"- an international search (Rule 16.1 PCT, Rule 40bis PCT in conjunction with Rule 20.5bis PCT, and Rule 158, paragraph 1)"

Article 3

This decision will enter into force on 1 July 2020.

Rule 142, paragraph 2, as amended by Article 1 of this decision will apply to all proceedings already interrupted on or after that date.

Done at Munich, 27 March 2020

For the Administrative Council

The Chairman

Josef KRATOCHVÍL