an elected Office, if the applicant has elected a State designated pursuant to letter (a).
If the Euro-PCT application is published in another language, a translation into one of the official languages shall be filed with the European Patent Office, which shall publish it. Subject to Article 67, paragraph 3, the provisional protection under Article 67, paragraphs 1 and Article 67, paragraphs 2, shall be effective from the date of that publication.
The Euro-PCT application shall be treated as a European patent application and shall be considered as comprised in the state of the art under Article 54, paragraph 3, if the conditions laid down in paragraph 3 or 4 and in the Implementing Regulations are fulfilled.
(7)[ 181 ]
A supplementary European search report shall be drawn up in respect of any Euro-PCT application under paragraph 5. The Administrative Council may decide that the supplementary search report is to be dispensed with or that the search fee is to be reduced.
See decision of the Administrative Council CA/D 10/05 of 27.10.2005 (OJ EPO 2005, 548) on reducing the fee for the supplementary European search report for international applications for which the international search report is drawn up by the United States Patent and Trademark Office, the Japan Patent Office, the Korean Intellectual Property Office, the Chinese Intellectual Property Office, the Federal Service for Intellectual Property, Patents and Trademarks (Russian Federation) or IP Australia (applicable to all international applications filed on or after 01.07.2005).
See decision of the Administrative Council CA/D 11/09 of 28.10.2009 (OJ EPO 2009, 594) dispensing with the supplementary European search report in the case of an international application where the international search report or supplementary international search report was drawn up by the European Patent Office.
See Articles 2 and 4(3) of the Decision of the Administrative Council CA/D 12/15 of 16 December 2015 amending Article 2 of the Rules relating to Fees and adjusting the amount of the reduction in the fee for the supplementary European search where the international or supplementary international search report was drawn up by one of the European International Searching Authorities (Austrian Patent Office, Finnish Patent and Registration Office, Spanish Patent and Trademark Office, Swedish Patent and Registration Office, Nordic Patent Institute); this decision is applicable to international applications filed up to and including 30.06.2016 where the fee for the supplementary European search is paid on or after 01.04.2016.
See Decisiondecision of the Administrative Council CA/D 8/15 of 16 December 2015.12.2015 (OJ EPO 2016, A2) reducing the fee for the supplementary European search where the international search report or supplementary international search report was drawn up by the Austrian Patent Office, the Finnish Patent and Registration Office, the Spanish Patent and Trademark Office, the Swedish Patent and Registration Office, the Nordic Patent Institute or the Visegrad Patent Institute; this decision is applicable to international applications filed up to and including 31.03.2020 where the fee for the supplementary European search is paid on or after 01.07.2016.
See decision of the Administrative Council CA/D 9/17 of 28.06.2017 (OJ EPO 2017, A57) reducing the fee for the supplementary European search where the international search report or supplementary international search report was drawn up by the Turkish Patent and Trademark Office; the decision is applicable to international applications filed as from 08.03.2017, up to and including 31.03.2020, for which the international search report or supplementary international search report was drawn up by the Turkish Patent and Trademark Office and where the fee for a supplementary European search is paid on or after 01.07.2017.
See decision of the Administrative Council CA/D 16/17 of 13.12. 2017 (OJ EPO 2018, A3), abrogating the decision of the Administrative Council CA/D 10/05 (OJ EPO 2005, 548) concerning cases where the search fee for the supplementary European search is to be reduced. As of 1 April 2018, the search fee for a supplementary European search is no longer reduced for international applications on which an international search report has been drawn up by the United States Patent and Trademark Office (USPTO), the Japan Patent Office, the Federal Service for Intellectual Property, Patents and Trademarks (Russian Federation), the Australian Patent Office, the State Intellectual Property Office of the People's Republic of China (SIPO) or the Korean Intellectual Property Office.
Source: http://www.epo.org/law-practice/legal-texts/html/epc/2016/e/ar153.html
Date retrieved: 30 December 2018
121 references found.
Click X to load a reference inside the current page, click on the title to open in a new page.EPC Articles
EPC Implementing Rules
XR.159 EPC The European Patent Office as a designated or elected Office – Requirements for entry into the European phase
EPC Rules relating to Fees
EPO Guidelines - A Formalities Examination
EPO Guidelines - B Search
EPO Guidelines - C Procedureal Aspects of Substantive Examination
EPO Guidelines - E General Procedural Matters
XGL E IX 2.1.2 Initial processing and formal examination; copy of the international application; translation
EPO Guidelines - F The European Patent Application
EPO Guidelines - G Patentability
EPO Guidelines - H Amendments and Corrections
EPO Guide for Applicants, part II Int. - A General Overview
EPO Guide for Applicants, part II Int. - B The EPO as a PCT receiving Office
EPO Guide for Applicants, part II Int. - C The EPO as ISA and SISA
EPO Guide for Applicants, part II Int. - E Euro-PCT procedure before the EPO as designated or elected Office
Offical Journal of the EPO
XOJ 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 [..]
XOJ EPO 2018, A32 - Guidance for the payment of fees, expenses and prices applicable as from 1 April 2018 [ 1 ]
XOJ EPO 2018, A26 - Notice from the European Patent Office dated 22 March 2018 concerning search and examination fees
XOJ EPO 2018, A3 - Decision of the Administrative Council of 13 December 2017 abrogating its decision CA/D 10/05 concerning cases where the search fee for the supplementary European search is to be reduced (CA/D 16/17)
XOJ EPO SE 5/2017, p43 - Annex A.2 to the ADA - Information from the EPO concerning the automatic debiting procedure
XOJ EPO SE 5/2017, p22 - Annex A.1 to the ADA - Arrangements for the automatic debiting procedure (AAD) [ 1 ]
XOJ EPO 2017, A57 - Decision of the Administrative Council of 28 June 2017 reducing the fee for the supplementary European search where the international search report or supplementary international search report was drawn up by the Turkish [..]
XOJ EPO 2016, A2 - Decision of the Administrative Council of 16 December 2015 reducing the fee for the supplementary European search where the international search report or supplementary international search report was drawn up by the Austrian [..]
XOJ EPO 2013, 542 - Notice from the European Patent Officedated18October2013 concerningthefilingof sequence listings
XOJ EPO 2013, 503 - Decision of the Administrative Council of 16 October 2013 amending Rule 135 and 164 of the Implementing Regulations to the European Patent Convention
XOJ EPO 2013, 156 - Notice from the European Patent Office dated 21 February 2013 concerning the request for early processing
XOJ EPO 2012, 584 - Decision of the Administrative Council of 25 October 2012 reducing the fee for the supple- mentary European search where the international search report or supplementary international search report was drawn up by the [..]
XOJ EPO 2012, 212 - Notice from the European Patent Office dated 6 February 2012 concerning search and examination fees
XOJ EPO 2012, 89 - Patent Prosecution Highway pilot programme between the Trilateral Offices based on PCT work products
XOJ EPO 2012, 75 - Patent Prosecution Highway pilot programme between the European Patent Office and the Japan Patent Office based on national work products
XOJ EPO 2012, 60 - Patent Prosecution Highway pilot programme between the European Patent Office and the United States Patent and Trademark Office based on national work products
XOJ EPO 2011, 376 - Notice from the European Patent Office dated 28 April 2011 concerning the filing of sequence listings
XOJ EPO 2011, 354 - Notice from the European Patent Office dated 5 April 2011 concerning updated Form 1200 (entry into the European phase) and the possibility to waive the right to the communication under Rules 161(1) or (2) and 162 EPC
XOJ EPO 2010, 518 - Patent Prosecution Highway pilot programme between the European Patent Office and the United States Patent and Trademark Office
XOJ EPO 2010, 498 - Notice from the European Patent Office dated 7 July 2010 concerning inventions which involve the use of or concern biological material
XOJ EPO 2010, 133 - Notice from the European Patent Office dated 8 February 2010 concerning search and examination fees
XOJ EPO 2010, 69 - Patent Prosecution Highway pilot programme between the Trilateral Offices based on PCT work products
XOJ EPO 2010, 57 - Patent Prosecution Highway pilot programme between the European Patent Office and the Japan Patent Office
XOJ EPO 2010, 46 - Patent Prosecution Highway pilot programme between the European Patent Office and the United States Patent and Trademark Office
XOJ EPO 2009, 595 - Decision of the Administrative Council of 28 October 2009 reducing the fee for the supple- mentary European search where a supplementary international search report was drawn up by the Austrian Patent Office, the National [..]
XOJ EPO 2009, 594 - Decision of the Administrative Council of 28 October 2009 dispensing with the supplementary European search where the international search report or a supplementary international search report was drawn up by the European [..]
XOJ EPO 2009, 488 - Extension of the Patent Prosecution Highway pilot programme between the European Patent Office and the United States Patent and Trademark Office
XOJ EPO 2008, 544 - Patent Prosecution Highway Pilot Programme between the European Patent Office and the United States Patent and Trademark Office1
XOJ EPO 2008, 472 - Patent Prosecution Highway Pilot Programme between the European Patent Office and the United States Patent and Trademark Office
XOJ EPO 2008, 130 - Notice from the European Patent Office dated 11 February 2008 concerning search and examination fees
XOJ EPO 2008, 12 - Decision of the Administra- tive Council of 14 December 2007 adjusting the amount of the reduction of the fee for the supplementary European search where the international search report was drawn up by the Austrian Patent [..]