European Patent Office

Article 38

Citation: OJ EPO 2021, A38

Online publication date: 31.5.2021

EUROPEAN PATENT OFFICE
Information from the EPO

Decision of the President of the European Patent Office dated 8 April 2021 exempting applicants claiming the priority of a first filing made in the Peopleʹs Republic of China from filing a copy of the search results under Rule 141(1) EPC – utilisation scheme1, 2

The President of the European Patent Office, having regard to Rules 141(1) and (2) and 70b(1) and (2) of the European Patent Convention (EPC), has decided as follows:

Article 1

Exemption under Rule 141(2) EPC from filing a copy of the search results

The European Patent Office shall include in the file of a European patent application a copy of the search results referred to in Rule 141(1) EPC, thus exempting the applicant from filing said copy, where the priority of a first filing made in the Peopleʹs Republic of China is claimed.

Article 2

Entry into force

This decision shall enter into force on 1 July 2021 and shall apply to European patent applications in respect of which an invitation under Rule 70b(1) EPC has not yet been despatched by the date of entry into force of this decision.

Done at Munich, 8 April 2021

António CAMPINOS

President

 

 

1 See notice from the European Patent Office dated 28 July 2010 concerning amended Rule 141 EPC and new Rule 70b EPC – utilisation scheme, OJ EPO 2010, 410.

2 See notice from the European Patent Office dated 14 May 2021 concerning exemption under Rule 141(2) EPC from filing a copy of the search results – utilisation scheme, OJ EPO 2021, A40.