Contracting state

United Kingdom

1

Basis for conversion

 

Deemed withdrawal pursuant to Art. 77(3) EPC


Sect. 81(1) PA

2

Procedural steps to be taken

 

(a) Request for con­version, accompanied by copy of notification by EPO that the application is deemed to be withdrawn (only if the IPO is the receiving Office; otherwise request will be filed by the receiving office);

(b) Application fee of GBP 90 (GBP 60 if filed electronically), if paid at the time of filing the request for conversion (a 25% surcharge will be added if it is paid later); and search fee (Form 9A) of GBP 180 (GBP 150 if filed electronically) plus GBP 20 for each claim over 25;

(c) Statement of inven­torship and of right to grant (Form 7 – no fee)

(d) Where necessary an English translation


Sect. 81(2) PA
R. 58, 59 PR
R. 3(1)(b), 3A, 3B, Schedule 1 PFR

3

Time limit for taking procedural steps referred to in section 2

 

If the IPO is the receiving Office:

(a) 3 months from date of notification to the applicant by the EPO that the application is deemed to be withdrawn

(b) and (c) 2 months from receipt of the re­quest for conversion, extendible by 2 months (R. 108(2)) or possibly longer on request under R. 108(3). Any exten­sions or further exten­sions may only be for periods of 2 months (R. 108(5)) and cannot be granted more than 2 months after the originally pre­scribed or previously extended period has expired (R. 108(7)).

If the IPO is not the receiving Office:

(a) 20 months from the date of filing of the application or the declared priority date 

(b) to (d) 4 months from the date of a communi­cation from the IPO notifying receipt of a request for conversion, extendible by 2 months under R. 108(2) or possibly longer under R. 108(3). Any exten­sions or further exten­sions may only be for periods of 2 months (R. 108(5)) and cannot be granted more than 2 months after the originally prescribed or previously extended period has expired (R. 108(7)).


R. 58(1), (3), (4), 59(1), (3), 108(2), (3), (5), (7) PR

4

Must a national professional representative be appointed?

 

The procedural steps referred to in section 2 may be taken by the appli­cant or any repre­sentative appointed by the applicant.

Authorisation will not normally be required except where there is a change of natio­nal repre­sentative after the pro­ceed­ings before the IPO have begun or where a repre­sen­tative is appointed after the applicant has started proceed­ings himself, in which case Form 51 (no fee) is required.


R. 101, 103 PR

5

Special features

 

The other information re­quired for a normal domestic filing (Form 1) should also be supplied (e.g. title, priority data), but no fee will be necessary.

re section 3:

For an extension under R. 108(2), Form 52 (fee GBP 135) must be filed; for a request under R. 108(3), Form 52 (fee GBP 135) accompanied by evidence supporting the grounds for the request must be filed.


R. 12(1), 108(2), (3), (5), (7) PR
Schedule 1 PFR

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