Relevant Articles and Rules of the EPCRelevant Articles and Rules of the EPC
The following Articles and Rules of the *European Patent Convention are those most frequently mentioned in the Online European Patent Register:
(1) The official languages of the European Patent Office shall be English, French and German. European patent applications must be filed in one of these languages.
(2) However, natural or legal persons having their residence or principal place of business within the territory of a Contracting State having a language other than English, French or German as an official language, and nationals of that State who are resident abroad, may file European patent applications in an official language of that State. Nevertheless, a translation in one of the official languages of the European Patent Office must be filed within the time limit prescribed in the Implementing Regulations; throughout the proceedings before the European Patent Office, such translation may be brought into conformity with the original text of the application.
(3) The official language of the European Patent Office in which the European patent application is filed or, in the case referred to in paragraph 2, that of the translation, shall be used as the language of the proceedings in all proceedings before the European Patent Office concerning the application or the resulting patent, unless otherwise provided in the Implementing Regulations.
(4) The persons referred to in paragraph 2 may also file documents which have to be filed within a time limit in an official language of the Contracting State concerned. They must however file a translation in the language of the proceedings within the time limit prescribed in the Implementing Regulations; in the cases provided for in the Implementing Regulations, they may file a translation in a different official language of the European Patent Office.
(5) If any document, other than those making up the European patent application, is not filed in the language prescribed by this Convention, or if any translation required by virtue of this Convention is not filed in due time, the document shall be deemed not to have been received.
(6) European patent applications shall be published in the language of the proceedings.
(7) The specifications of European patents shall be published in the language of the proceedings; they shall include a translation of the claims in the two other official languages of the European Patent Office.
(8) There shall be published in the three official languages of the European Patent Office:
(a) the European Patent Bulletin;
(b) the Official Journal of the European Patent Office.
(9) Entries in the Register of European Patents shall be made in the three official languages of the European Patent Office. In cases of doubt, the entry in the language of the proceedings shall be authentic.
* See decisions of the Enlarged Board of Appeal G 6/91, G 2/95 (Annex I).
* (The European Patent Convention is available from EPIDOS Vienna. Send your request to Fax No.: *43 1 52126 3292. Cost DM 50)
(1)* European patents shall be granted for any inventions which are susceptible of industrial application, which are new and which involve an inventive step.
(2) The following in particular shall not be regarded as inventions within the meaning of paragraph 1:
(a) discoveries, scientific theories and mathematical methods;
(b) aesthetic creations;
(c) schemes, rules and methods for performing mental acts, playing games or doing business, and programs for computers;
(d) presentations of information.
(3) The provisions of paragraph 2 shall exclude patentability of the subject-matter or activities referred to in that provision only to the extent to which a European patent application or European patent relates to such subject-matter or activities as such.
(4)* Methods for treatment of the human or animal body by surgery or therapy and diagnostic methods practised on the human or animal body shall not be regarded as inventions which are susceptible of industrial application within the meaning of paragraph 1. This provision shall not apply to products, in particular substances or compositions, for use in any of these methods.
* See decisions of the Enlarged Board of Appeal G 1/83, G 5/83, G 6/83 (Annex I).
European patents shall not be granted in respect of:
(a) inventions the publication or exploitation of which would be contrary to "ordre public'' or morality, provided that the exploitation shall not be deemed to be so contrary merely because it is prohibited by law or regulation in some or all of the Contracting States;
(b) plant or animal varieties or essentially biological processes for the production of plants or animals; this provision does not apply to microbiological processes or the products thereof.
* See decision of the Enlarged Board of Appeal G 3/95 (Annex I).
(1) The central industrial property office of a Contracting State shall be obliged to forward to the European Patent Office, in the shortest time compatible with the application of national law concerning the secrecy of inventions in the interests of the State, any European patent applications which have been filed with that office or with other competent authorities in that State.
(2) The Contracting States shall take all appropriate steps to ensure that European patent applications, the subject of which is obviously not liable to secrecy by virtue of the law referred to in paragraph 1, shall be forwarded to the European Patent Office within six weeks after filing.
(3) European patent applications which require further examination as to their liability to secrecy shall be forwarded in such manner as to reach the European Patent Office within four months after filing, or, where priority has been claimed, fourteen months after the date of priority.
(4) A European patent application, the subject of which has been made secret, shall not be forwarded to the European Patent Office.
(5) European patent applications which do not reach the European Patent Office before the end of the fourteenth month after filing or, if priority has been claimed, after the date of priority, shall be deemed to be withdrawn. The filing, search and designation fees shall be refunded.
(1) A European patent application shall contain:
(a)* a request for the grant of a European patent;
(b) a description of the invention;
(c) one or more claims;
(d) any drawings referred to in the description or the claims;
(e) an abstract.
(2)** A European patent application shall be subject to the payment of the filing fee and the search fee within one month after the filing of the application.
(3) A European patent application must satisfy the conditions laid down in the Implementing Regulations.
* See Legal advice No. 8/80 (Annex II).
** See decision of the Enlarged Board of Appeal G 3/91 (Annex I).
(1) The request for the grant of a European patent shall contain the designation of the Contracting State or States in which protection for the invention is desired.
(2)* The designation of a contracting state shall be subject to the payment of the designation fee. The designation fees shall be paid within six months of the date on which the European Patent Bulletin mentions the publication of the European search report.
(3) The designation of a Contracting State may be withdrawn at any time up to the grant of the European patent. Withdrawal of the designation of all the Contracting States shall be deemed to be a withdrawal of the European patent application. Designation fees shall not be refunded.
* Amended by decision of the Administrative Council of 05.12.1996 which entered into force on 01.07.1997 (OJ EPO 1997, 13 ff).
(1) Renewal fees shall be paid to the European Patent Office in accordance with the Implementing Regulations in respect of European patent applications. These fees shall be due in respect of the third year and each subsequent year, calculated from the date of filing of the application.
(2) When a renewal fee has not been paid on or before the due date, the fee may be validly paid within six months of the said date, provided that the additional fee is paid at the same time.
(3) If the renewal fee and any additional fee have not been paid in due time the European patent application shall be deemed to be withdrawn. The European Patent Office alone shall be competent to decide this.
(4) The obligation to pay renewal fees shall terminate with the payment of the renewal fee due in respect of the year in which the mention of the grant of the European patent is published.
See instructions for paying renewal fees for European patent applications and patents (OJ EPO 1984, 272 ff).
(1) The Receiving Section shall examine whether:
(a) the European patent application satisfies the requirements for the accordance of a date of filing;
(b) the filing fee and the search fee have been paid in due time;
(c) in the case provided for in Article 14, paragraph 2, the translation of the European patent application in the language of the proceedings has been filed in due time.
(2) If a date of filing cannot be accorded, the Receiving Section shall give the applicant an opportunity to correct the deficiencies in accordance with the Implementing Regulations. If the deficiencies are not remedied in due time, the application shall not be dealt with as a European patent application.
(3) If the filing fee and the search fee have not been paid in due time or, in the case provided for in Article 14, paragraph 2, the translation of the application in the language of the proceedings has not been filed in due time, the application shall be deemed to be withdrawn.
(1) If a European patent application has been accorded a date of filing, and is not deemed to be withdrawn by virtue of Article 90, paragraph 3, the Receiving Section shall examine whether:
(a) the requirements of Article 133, paragraph 2, have been satisfied;
(b) the application meets the physical requirements laid down in the Implementing Regulations for the implementation of this provision;
(c) the abstract has been filed;
(d) the request for the grant of a European patent satisfies the mandatory provisions of the Implementing Regulations concerning its content and, where appropriate, whether the requirements of this Convention concerning the claim to priority have been satisfied;
(e) the designation fees have been paid;
(f) the designation of the inventor has been made in accordance with Article 81;
(g) the drawings referred to in Article 78, paragraph 1(d), were filed on the date of filing of the application.
(2) Where the Receiving Section notes that there are deficiencies which may be corrected, it shall give the applicant an opportunity to correct them in accordance with the Implementing Regulations.
(3) If any deficiencies noted in the examination under paragraph 1(a) to (d) are not corrected in accordance with the Implementing Regulations, the application shall be refused; where the provisions referred to in paragraph 1(d) concern the right of priority, this right shall be lost for the application.
(4) Where, in the case referred to in paragraph 1(e), the designation fee has not been paid in due time in respect of any designated State, the designation of that State shall be deemed to be withdrawn.
(5) Where, in the case referred to in paragraph 1(f), the omission of the designation of the inventor is not, in accordance with the Implementing Regulations and subject to the exceptions laid down therein, corrected within 16 months after the date of filing of the European patent application or, if priority is claimed, after the date of priority, the application shall be deemed to be withdrawn.
(6) Where, in the case referred to in paragraph 1(g), the drawings were not filed on the date of filing of the application and no steps have been taken to correct the deficiency in accordance with the Implementing Regulations, either the application shall be re-dated to the date of filing of the drawings or any reference to the drawings in the application shall be deemed to be deleted, according to the choice exercised by the applicant in accordance with the Implementing Regulations.
(1) The European Patent Office shall examine, on written request, whether a European patent application and the invention to which it relates meet the requirements of this Convention.
(2)* A request for examination may be filed by the applicant up to the end of six months after the date on which the European Patent Bulletin mentions the publication of the European search report. The request shall not be deemed to be filed until after the examination fee has been paid. The request may not be withdrawn.
(3) If no request for examination has been filed by the end of the period referred to in paragraph 2, the application shall be deemed to be withdrawn.
* See Legal advice No. 10/92 rev. (Annex II).
(1) If the applicant for a European patent has filed the request for examination before the European search report has been transmitted to him, the European Patent Office shall invite him after the transmission of the report to indicate, within a period to be determined, whether he desires to proceed further with the European patent application.
(2)* If the examination of a European patent application reveals that the application or the invention to which it relates does not meet the requirements of this Convention, the Examining Division shall invite the applicant, in accordance with the Implementing Regulations and as often as necessary, to file his observations within a period to be fixed by the Examining Division.
(3) If the applicant fails to reply in due time to any invitation under paragraph 1 or paragraph 2, the application shall be deemed to be withdrawn.
* See decisions of the Enlarged Board of Appeal G 7/93, G 10/93 (Annex I).
(1)* The Examining Division shall refuse a European patent application if it is of the opinion that such application or the invention to which it relates does not meet the requirements of this Convention, except where a different sanction is provided for by this Convention.
(2)** If the Examining Division is of the opinion that the application and the invention to which it relates meet the requirements of this Convention, it shall decide to grant the European patent for the designated Contracting States provided that:
(a) it is established, in accordance with the provisions of the Implementing Regulations, that the applicant approves the text in which the Examining Division intends to grant the patent;
(b) the fees for grant and printing are paid within the time limit prescribed in the Implementing Regulations;
(c) the renewal fees and any additional fees already due have been paid.
(3) If the fees for grant and printing are not paid in due time, the application shall be deemed to be withdrawn.
(4)** The decision to grant a European patent shall not take effect until the date on which the European Patent Bulletin mentions the grant. This mention shall be published at least 3 months after the start of the time limit referred to in paragraph 2(b).
(5) Provision may be made in the Implementing Regulations for the applicant to file a translation, in the two official languages of the European Patent Office other than the language of the proceedings, of the claims appearing in the text in which the Examining Division intends to grant the patent. In such case, the period laid down in paragraph 4 shall be at least five months. If the translation has not been filed in due time, the application shall be deemed to be withdrawn.
(6)*** At the request of the applicant, mention of grant of the European patent shall be published before expiry of the time limit under paragraph 4 or 5. Such request may only be made if the requirements pursuant to paragraphs 2 and 5 are met.
* See decision of the Enlarged Board of Appeal G 10/93 (Annex I).
** See Legal advice No. 17/90 (Annex II).
*** Inserted by decision of the Administrative Council of 20.10.1995 which entered into force on 01.01.1996 (OJ EPO 1995, 741).
(1) If the Opposition Division is of the opinion that the grounds for opposition mentioned in Article 100 prejudice the maintenance of the European patent, it shall revoke the patent.
(2) If the Opposition Division is of the opinion that the grounds for opposition mentioned in Article 100 do not prejudice the maintenance of the patent unamended, it shall reject the opposition.
(3) If the Opposition Division is of the opinion that, taking into consideration the amendments made by the proprietor of the patent during the opposition proceedings, the patent and the invention to which it relates meet the requirements of this Convention, it shall decide to maintain the patent as amended, provided that:
(a) it is established, in accordance with the provisions of the Implementing Regulations, that the proprietor of the patent approves the text in which the Opposition Division intends to maintain the patent;
(b) the fee for the printing of a new specification of the European patent is paid within the time limit prescribed in the Implementing Regulations.
(4) If the fee for the printing of a new specification is not paid in due time, the patent shall be revoked.
(5) Provision may be made in the Implementing Regulations for the proprietor of the patent to file a translation of any amended claims in the two official languages of the European Patent Office other than the language of the proceedings. If the translation has not been filed in due time the patent shall be revoked.
* See Legal advice No. 11/82 (Annex II) and decisions/opinions of the Enlarged Board of Appeal G 1/88, G 1/90, G 1/91, G 9/91, G 10/91 (Annex I).
(1) An appeal shall lie from decisions of the Receiving Section, Examining Divisions, Opposition Divisions and the Legal Division. It shall have suspensive effect.
(2) An appeal may be filed against the decision of the Opposition Division even if the European patent has been surrendered or has lapsed for all the designated States.
(3) A decision which does not terminate proceedings as regards one of the parties can only be appealed together with the final decision, unless the decision allows separate appeal.
(4) The apportionment of costs of opposition proceedings cannot be the sole subject of an appeal.
(5) A decision fixing the amount of costs of opposition proceedings cannot be appealed unless the amount is in excess of that laid down in the Rules relating to Fees.
* See opinion of the Enlarged Board of Appeal G 1/90 (Annex I).
(1) If the appeal is admissible, the Board of Appeal shall examine whether the appeal is allowable.
(2) In the examination of the appeal, which shall be conducted in accordance with the provisions of the Implementing Regulations, the Board of Appeal shall invite the parties, as often as necessary, to file observations, within a period to be fixed by the Board of Appeal, on communications from another party or issued by itself.
(3) If the applicant fails to reply in due time to an invitation under paragraph 2, the European patent application shall be deemed to be withdrawn, unless the decision under appeal was taken by the Legal Division.
* See decisions/opinion of the Enlarged Board of Appeal G 9/91, G 10/91, G 10/93 (Annex I).
(1) If the European patent application is to be refused or is refused or deemed to be withdrawn following failure to reply within a time limit set by the European Patent Office, the legal consequence provided for shall not ensue or, if it has already ensued, shall be retracted if the applicant requests further processing of the application.
(2) The request shall be filed in writing within two months of the date on which either the decision to refuse the application or the communication that the application is deemed to be withdrawn was notified. The omitted act must be completed within this time limit. The request shall not be deemed to have been filed until the fee for further processing has been paid.
(3) The department competent to decide on the omitted act shall decide on the request.
* See Legal advice No. 13/82 (Annex II).
(1) The applicant for or proprietor of a European patent who, in spite of all due care required by the circumstances having been taken, was unable to observe a time limit vis-à-vis the European Patent Office shall, upon application, have his rights re-established if the non-observance in question has the direct consequence, by virtue of this Convention, of causing the refusal of the European patent application, or of a request, or the deeming of the European patent application to have been withdrawn, or the revocation of the European patent, or the loss of any other right or means of redress.
(2) The application must be filed in writing within two months from the removal of the cause of non-compliance with the time limit. The omitted act must be completed within this period. The application shall only be admissible within the year immediately following the expiry of the unobserved time limit. In the case of non-payment of a renewal fee, the period specified in Article 86, paragraph 2, shall be deducted from the period of one year.
(3) The application must state the grounds on which it is based, and must set out the facts on which it relies. It shall not be deemed to be filed until after the fee for re-establishment of rights has been paid.
(4) The department competent to decide on the omitted act shall decide upon the application.
(5) The provisions of this Article shall not be applicable to the time limits referred to in paragraph 2 of this Article, Article 61, paragraph 3, Article 76, paragraph 3, Article 78, paragraph 2, Article 79, paragraph 2, Article 87, paragraph 1, and Article 94, paragraph 2.
(6) Any person who, in a designated Contracting State, in good faith has used or made effective and serious preparations for using an invention which is the subject of a published European patent application or a European patent in the course of the period between the loss of rights referred to in paragraph 1 and publication of the mention of re-establishment of those rights, may without payment continue such use in the course of his business or for the needs thereof.
(7) Nothing in this Article shall limit the right of a Contracting State to grant restitutio in integrum in respect of time limits provided for in this Convention and to be observed vis-à-vis the authorities of such State.
* See decisions of the Enlarged Board of Appeal G 1/86, G 3/91, G 5/92, G 6/92, G 5/93 (Annex I).
(1) Publication under Article 21 of the Co-operation Treaty of an international application for which the European Patent Office is a designated Office shall, subject to paragraph 3, take the place of the publication of a European patent application and shall be mentioned in the European Patent Bulletin. Such an application shall not however be considered as comprised in the state of the art in accordance with Article 54, paragraph 3, if the conditions laid down in paragraph 2 are not fulfilled.
(2)* The international application shall be supplied to the European Patent Office in one of its official languages. The applicant shall pay to the European Patent Office the national fee provided for in Article 22, paragraph 1, or Article 39, paragraph 1, of the Co-operation Treaty.
(3) If the international application is published in a language other than one of the official languages of the European Patent Office, that Office shall publish the international application, supplied as specified in paragraph 2. Subject to the provisions of Article 67, paragraph 3, the provisional protection in accordance with Article 67, paragraphs 1 and 2, shall be effective from the date of that publication.
* See decisions of the Enlarged Board of Appeal G 3/91, G 5/93 (Annex I).
(1)* European patent applications may be filed with the European Patent Office from the date fixed by the Administrative Council on the recommendation of the President of the European Patent Office.
(2) The Administrative Council may, on the recommendation of the President of the European Patent Office, decide that, as from the date referred to in paragraph 1, the processing of European patent applications may be restricted. Such restriction may be in respect of certain areas of technology. However, examination shall in any event be made as to whether European patent applications can be accorded a date of filing.
(3) If a decision has been taken under paragraph 2, the Administrative Council may not subsequently further restrict the processing of European patent applications.
(4) Where, as a result of the procedure being restricted under paragraph 2, a European patent application cannot be further processed, the European Patent Office shall communicate this to the applicant and shall point out that he may make a request for conversion. The European patent application shall be deemed to be withdrawn on receipt of such communication.
* 1 June 1978.
(1) Where the person adjudged by a final decision to be entitled to the grant of the European patent files a new European patent application pursuant to Article 61, paragraph 1(b), the original European patent application shall be deemed to be withdrawn on the date of filing of the new application for the Contracting States designated therein in which the decision has been taken or recognised.
(2) The filing fee and search fee shall be payable in respect of the new European patent application within one month after the filing thereof. The designation fees shall be payable within six months of the date on which the European Patent Bulletin mentions the publication of the European search report drawn up in respect of the new European patent application.
(3) The time limits for forwarding European patent applications provided for in Article 77, paragraphs 3 and 5, shall, for the new European patent application, be four months as from the actual filing date of that application.
* See decision of the Enlarged Board of Appeal G 3/92 (Annex I).
(1)** Up to the approval of the text, in accordance with Rule 51, paragraph 4, in which the European patent is to be granted, the applicant may file a divisional application on the pending earlier European patent application.
(2)*** The filing fee and search fee shall be payable in respect of a European divisional application within one month after the filing thereof. The designation fees shall be payable within six months of the date on which the European Patent Bulletin mentions the publication of the European search report drawn up in respect of the European divisional application.
* See opinion of the Enlarged Board of Appeal G 10/92 (Annex I).
** Amended by decision of the Administrative Council of 10.06.1988 which entered into force on 01.10.1988 (OJ EPO 1988, 290 ff).
*** Last amended by decision of the Administrative Council of 13.10.1999 which entered into force on 01.03.2000 (OJ EPO 1999, 660).
(1) In the invitation pursuant to Article 96, paragraph 1, the European Patent Office shall invite the applicant, if he wishes, to comment on the European search report and to amend, where appropriate, the description, claims and drawings.
(2) In any invitation pursuant to Article 96, paragraph 2, the Examining Division shall, where appropriate, invite the applicant to correct the disclosed deficiencies and, where necessary, to file the description, claims and drawings in an amended form.
(3) Any communication pursuant to Article 96, paragraph 2, shall contain a reasoned statement covering, where appropriate, all the grounds against the grant of the European patent.
(4)** Before the Examining Division decides to grant the European patent, it shall inform the applicant of the text in which it intends to grant it and shall request him to indicate, within a period to be set by it which may not be less than two months or more than four months, his approval of the text notified. The period shall be extended once by a maximum of two months provided the applicant so requests before it expires.
(5) If the applicant fails to communicate his approval within the period according to paragraph 4, the European patent application shall be refused. If within this period the applicant proposes amendments to the claims, description or drawings to which the Examining Division does not consent under Rule 86, paragraph 3, the Examining Division shall, before taking a decision, request the applicant to submit his observations within a period it shall specify and shall state its reasons for so doing.
(6)**/*** If it is established that the applicant approves the text in which the Examining Division, taking account of any proposed amendments (Rule 86, paragraph 3), intends to grant the European patent, it shall invite him to pay, within a non-extendable period to be set by it which may not be less than two months or more than three months, the fees for grant and printing and shall also invite him to file within the same period a translation of the claims in the two official languages of the European Patent Office other than the language of the proceedings.
(7) If the European patent application in the text in which the Examining Division intends to grant the European patent comprises more than ten claims, the Examining Division shall invite the applicant to pay claims fees in respect of each additional claim within the period laid down in paragraph 6 unless the said fees have already been paid in accordance with Rule 31, paragraph 1.
(8) If the fee for grant, the fee for printing or the claims fees are not paid in due time or if the translation is not filed in due time, the European patent application is deemed to be withdrawn.
(8a)**** If the designation fees become due after the invitation referred to in paragraph 6 has been notified, the mention of the grant of the European patent shall not be published until the designation fees have been paid. The applicant shall be notified accordingly.
(9) If a renewal fee becomes due after the invitation referred to in paragraph 6 has been notified and before the next possible date for publication of the mention of the grant of the European patent, the mention shall not be published until the renewal fee has been paid. The applicant shall be notified accordingly.
(10) The communication of the Examining Division under paragraph 6 shall indicate the designated Contracting States which require a translation pursuant to Article 65, paragraph 1.
(11) The decision to grant the European patent shall state which text of the European patent application forms the basis for the grant of the European patent.
* Amended by decision of the Administrative Council of 05.06.1987 which entered into force on 01.09.1987 (OJ EPO 1987, 276).
** See decision of the Enlarged Board of Appeal G 7/93 (Annex I).
*** Last amended by decision of the Administrative Council of 07.12.1990 which entered into force on 01.06.1991 (OJ EPO 1991, 4 ff).
**** Inserted by decision of the Administrative Council of 05.12.1996 which entered into force on 01.07.1997 (OJ EPO 1997, 13 ff).
(1) All communications issued pursuant to Article 101, paragraph 2, and all replies thereto shall be communicated to all parties.
(2)* In any communication to the proprietor of the European patent pursuant to Article 101, paragraph 2, he shall, where appropriate, be invited to file, where necessary, the description, claims and drawings in amended form.
(3) Where necessary, any communication to the proprietor of the European patent pursuant to Article 101, paragraph 2, shall contain a reasoned statement. Where appropriate, this statement shall cover all the grounds against the maintenance of the European patent.
(4)** Before the Opposition Division decides on the maintenance of the European patent in the amended form, it shall inform the parties that it intends to maintain the patent as amended and shall invite them to state their observations within a period of two months if they disapprove of the text in which it is intended to maintain the patent.
(5)*** If disapproval of the text communicated by the Opposition Division is expressed, examination of the opposition may be continued; otherwise, the Opposition Division shall, on expiry of the period referred to in paragraph 4, request the proprietor of the patent to pay, within three months, the fee for the printing of a new specification of the European patent and to file a translation of any amended claims in the two official languages of the European Patent Office other than the language of the proceedings.
(6)**** If the acts requested under paragraph 5 are not performed in due time they may still be validly performed within two months of notification of a communication pointing out the failure to observe the time limit, provided that within this two-month period a surcharge equal to twice the fee for printing a new specification of the European patent is paid.
(7) The communication of the Opposition Division under paragraph 5 shall indicate the designated Contracting States which require a translation pursuant to Article 65, paragraph 1.
(8) The decision to maintain the European patent as amended shall state which text of the European patent forms the basis for the maintenance thereof.
* See decision of the Enlarged Board of Appeal G 9/92 (Annex I).
** Amended by decision of the Administrative Council of 10.06.1988 which entered into force on 01.10.1988 (OJ EPO 1988, 290 ff). See decision of the Enlarged Board of Appeal G 1/88 (Annex I).
*** Last amended by decision of the Administrative Council of 07.12.1990 which entered into force on 01.06.1991 (OJ EPO 1991, 4 ff). See decision of the Enlarged Board of Appeal G 1/90 (Annex I).
**** Inserted by decision of the Administrative Council of 08.12.1988 which entered into force on 01.04.1989 (OJ EPO 1989, 1).
(1) Proceedings before the European Patent Office shall be interrupted:
(a) in the event of the death or legal incapacity of the applicant for or proprietor of a European patent or of the person authorised by national law to act on his behalf. To the extent that the above events do not affect the authorisation of a representative appointed under Article 134, proceedings shall be interrupted only on application by such representative;
(b) in the event of the applicant for or proprietor of a European patent, as a result of some action taken against his property, being prevented by legal reasons from continuing the proceedings before the European Patent Office;
(c)** in the event of the death or legal incapacity of the representative of an applicant for or proprietor of a European patent or of his being prevented for legal reasons resulting from action taken against his property from continuing the proceedings before the European Patent Office.
(2) When, in the cases referred to in paragraph 1 (a) and (b), the European Patent Office has been informed of the identity of the person authorised to continue the proceedings before the European Patent Office, the European Patent Office shall communicate to such person and to any interested third party that the proceedings shall be resumed as from a date to be fixed by the European Patent Office.
(3) In the case referred to in paragraph 1(c), the proceedings shall be resumed when the European Patent Office has been informed of the appointment of a new representative of the applicant or when the European Patent Office has notified to the other parties the communication of the appointment of a new representative of the proprietor of the patent. If, three months after the beginning of the interruption of the proceedings, the European Patent Office has not been informed of the appointment of a new representative, it shall communicate to the applicant for or proprietor of the patent:
(a) where Article 133, paragraph 2, is applicable, that the European patent application will be deemed to be withdrawn or the European patent will be revoked if the information is not submitted within two months after this communication is notified, or
(b) where Article 133, paragraph 2, is not applicable, that the proceeding will be resumed with the applicant for or proprietor of the patent as from the date on which this communication is notified.
(4) The time limits, other that the time limit for making a request for examination and the time limit for paying the renewal fees, in force as regards the applicant for or proprietor of the patent at the date of interruption of the proceedings, shall begin again as from the day on which the proceedings are resumed. If such date is less than two months before the end of the period within which the request for examination must be filed, such a request may be filed up to the end of two months after such date.
(1) The Register of European Patents shall contain the following entries:
(a) number of the European patent application;
(b) date of filing of the European patent application;
(c) title of the invention;
(d) classification code given to the European patent application;
(e) the Contracting States designated;
(f)* family name, given names, address and the State in which the residence or principal place of business of the applicant for or proprietor of the European patent is located;
(g) family name, given names and address of the inventor designated by the applicant for or proprietor of the patent unless he has renounced his title as inventor under Rule 18, paragraph. 3
(h)* family name, given names and address of the place of business of the representative of the applicant for or proprietor of the patent referred to in Article 134; in the case of several representatives only the family name, given names and address of the place of business of the representative first named, followed by the words "and others'', shall be entered; however, in the case of an association referred to in Rule 101, paragraph 9, only the name and address of the association shall
(i) priority data (date, State and file number of the previous application);
(j) in the event of a division of the European patent application, the numbers of the European divisional applications;
(k) in the case of European divisional applications and a new European patent application under Article 61, paragraph 1(b), the information referred to under sub-paragraphs (a), (b) and (i) with regard to the earlier European patent application;
(l) date of publication of the European patent application and where appropriate date of the separate publication of the European search report;
(m) date of filing of the request for examination;
(n) date on which the European patent application is refused, withdrawn or deemed to be withdrawn;
(o) date of publication of the mention of the grant of the European patent;
(p) date of lapse of the European patent in a Contracting State during the opposition period and, where appropriate, pending a final decision on opposition;
(q) date of filing opposition;
(r) date and purport of the decision on opposition;
(s) dates of suspension and resumption of proceedings in the cases referred to in Rule 13;
(t) dates of interruption and resumption of proceedings in the case referred to in Rule 90;
(u) date of re-establishment of rights provided that an entry has been made in accordance with sub-paragraph (n) or sub-paragraph (r);
(v) the filing of a request to the European Patent Office pursuant to Article 135;
(w) rights and transfer of such rights over a European patent application or European patent where these are recorded pursuant to these Implementing Regulations.
(2)* The President of the European Patent Office may decide that entries other than those referred to in paragraph 1 shall be made in the Register of European Patents.
(3) Extracts from the Register of European Patents shall be delivered on request on payment of an administrative fee.
* See notices of the President of the EPO of 14.10.1983, 22.01.1986 and 30.07.1986 concerning the recording of certain information in the Register of European Patents (OJ EPO 1983, 458; 1986, 61 and 327).