EPC Amendments concerning the grant procedure, filing of divisional applications, and entering the regional phase

Amendments to Rule 51 EPC will enter into force on 1 July 2002 with certain implications to Rule 36(1) and 38(5) EPC. When proceeding to grant of the patent, fee payments, the filing of claim translations and, if necessary, the filing of a translation of the previous application from which priority is claimed, will be required within the term of Rule 51(4) EPC. The applicant is no longer required to declare his approval to the text intended for grant. Rather, when paying the necessary fees and filing the required translations, the approval will then be deemed. [mehr]

According to amended Rule 25 EPC which will enter into force on 2 January 2002, the filing of divisional applications may be done as long as the ealier European patent application is pending, i.e. until grant of the patent. Previously, this was possible only up to the approval of the text intended for grant. [mehr]

Amendments to Rules 85a(1), 85b and 108(1) EPC and new Rule 108(3) EPC abolish the grace period of one month for paying the necessary fees and requesting examination when entering the European regional phase of a PCT application. However, an additional two-months period starting from a notification will allow completing the omitted act. There will a surcharge to be paid in these cases according to Article 2 item 3c RFees. The amendments will enter into force on 2 January 2002. [mehr]

As from 1 January 2002, fees are to be paid in Euro, according to amended Article 5 RFees. Article 6 RFees which relates to payments in other currencies will be deleted. [mehr]