A.93 EPC Publication of the European patent application

(1)

The European Patent Office shall publish the European patent application as soon as possible

(a)

after the expiry of a period of eighteen months from the date of filing or, if priority has been claimed, from the date of priority, or

(b)

at the request of the applicant, before the expiry of that period.

(2)

The European patent application shall be published at the same time as the specification of the European patent when the decision to grant the patent becomes effective before the expiry of the period referred to in paragraph 1(a).

[ Art. 14 16 54 67 69 88 92 98 115 127 128 153 R. 10 14 20 36 47 48 52 53 66 69 70 70b 114 143 ]

Amended by the Act revising the European Patent Convention of 29.11.2000.

See decision of the President of the EPO (Special edition No. 3, OJ EPO 2007, D.3).

See opinion of the Enlarged Board of Appeal G 2/98 (Annex I).

Source: http://www.epo.org/law-practice/legal-texts/html/epc/2016/e/ar93.html

Date retrieved: 17 May 2021

57 references found.

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EPC Articles

X Part IV Procedure up to grant

X A.14 EPC Languages of the European Patent Office, European patent applications and other documents

X A.16 EPC Receiving Section

X A.54 EPC Novelty

X A.67 EPC Rights conferred by a European patent application after publication

X A.69 EPC Extent of protection

X A.88 EPC Claiming priority

X A.92 EPC Drawing up of the European search report

X A.98 EPC Publication of the specification of the European patent

X A.115 EPC Observations by third parties

X A.127 EPC European Patent Register

X A.128 EPC Inspection of files

X A.153 EPC The European Patent Office as designated Office or elected Office

EPC Implementing Rules

X R.10 EPC Responsibility of the Receiving Section and the Examining Division

X R.14 EPC Stay of proceedings

X R.20 EPC Publication of the mention of the inventor

X R.31 EPC Deposit of biological material

X R.36 EPC European divisional applications

X R.47 EPC Form and content of the abstract

X R.48 EPC Prohibited matter

X R.52 EPC Declaration of priority

X R.53 EPC Priority documents

X R.66 EPC Definitive content of the abstract

X R.67 EPC Technical preparations for publication

X R.68 EPC Form of the publication of European patent applications and European search reports

X R.69 EPC Information about publication

X R.70 EPC Request for examination

X R.70b EPC Rule 70b Request for a copy of search results

X R.114 EPC Observations by third parties

X R.143 EPC Entries in the European Patent Register

EPC Rules relating to Fees

X A. 3 Rfees EPC Fees, expenses and prices laid down by the President of the Office

EPO Guidelines - A Formalities Examination

X GL A III 5.5 Deficiencies

X GL A IV 1.8 Search, publication and request for examination of divisional applications

X GL A IV 4.1 Biological material; deposit thereof

X GL A VI 1.1 Date of publication

EPO Guidelines - B Search

X GL B II 4 Search report

EPO Guidelines - E General Procedural Matters

X GL E VI 3 Observations by third parties

EPO Guidelines - G Patentability

X GL G IV 5.1 State of the art pursuant to Art. 54(3)

EPO Guidelines - H Amendments and Corrections

X GL H IV 2.2.1 Features described in a document cross-referenced in the description

Offical Journal of the EPO

X OJ EPO SE 3/2020, p1 - Rules relating to Fees of 20 October 1977 as adopted by decision of the Administrative Council of the European Patent Organisation of 7 December 2006 and as last amended by decision of the Administrative Council of [..]

X OJ EPO 2020, A104 - Interlocutory Decision of Technical Board of Appeal 3.3.01 dated 7 February 2019 - T 318/14

X OJ EPO 2020, A89 - Decision of the Vice-President Legal and International Affairs (Directorate-General 5) of the European Patent Office dated 23 July 2020 concerning the pilot project on notification by email during examination proceedings

X OJ EPO 2020, A26 - Opinion of the Enlarged Board of Appeal dated 18 July 2019G 1/18

X OJ EPO SE 3/2019, p1 - Rules relating to Fees of 20 October 1977 as adopted by decision of the Administrative Council of the European Patent Organisation of 7 December 2006 and as last amended by decision of the Administrative Council of [..]

X OJ EPO SE 2/2018, p1 - Rules relating to Fees of 20 October 1977 as adopted by decision of the Administrative Council of the European Patent Organisation of 7 December 2006 and as last amended by decision of the Administrative Council of [..]

X OJ EPO 2010, 100 - Decision of the Legal Board of Appeal dated 27 May 2009 J 2/08 3.1.01

Case Law Book: I Patentability

X CLR I C 1 General

Case Law Book: II Conditions to be met by an Application

X CLR II C 4.2 References may also enable the skilled person to carry out an invention

Case Law Book: III Amendments

X CLR III M 1.1 General

Case Law Book: IV Divisional Applications

X CLR IV A 6.2 Designation of the inventor

X CLR IV A 8.2.3 ‍‍Rule 52(3) EPC

X CLR IV A 10 Publication of the application

X CLR IV B 3.1 ‍‍Rule 71(3) EPC communication: the text for approval

Case Law of the Enlarged Board

X G 0002/98 (Requirement for claiming priority of the "same invention") of 31.5.2001

General Case Law

X J 0001/10 (Designation of inventor/KOVAC) of 30.7.2010

X T 1443/05 (Biozidzusammensetzung/THOR GmbH) of 4.7.2008

X T 1849/12 () of 3.12.2012