Extension or validation of a European patent is possible only if the state concerned was designated in the international application for a national patent and an extension or validation agreement with the EPO was in force at the international filing date (see point 123).
Extension or validation is deemed requested for any international application entering the European phase in respect of any state designated in the application with which an extension or validation agreement was in force at the international filing date. However, such request is deemed to be withdrawn in respect of each extension or validation state for which no extension or validation fee is paid in due time. The applicant must, therefore, carefully check for which states extension or validation is possible and pay the required fees in due time (see point 131).
Pursuant to the extension and validation agreements, an extension or validation fee must be paid within the same time limit as applies for payment of the designation fee (see point 556). There is no flat extension or validation fee.
In Form 1200, Section 11, the applicant may indicate for which states he intends to pay (an) extension or validation fee(s). In addition to the boxes provided for the states with which an extension agreement was in force on 1 January 2018 – i.e. Bosnia and Herzegovina (BA) and Montenegro (ME) – and those with which a validation agreement was in force on 1 January 2018 – i.e. Morocco (MA), the Republic of Moldova (MD) and Tunisia (TN) – further states may be indicated on condition that an extension or validation agreement with that state was in force at the filing date of the international application.
Upon payment, the applicant must specify the extension or validation states for which payment is actually made, preferably by indicating the correct fee code which is assigned to each individual extension and validation state.[ 35 ]
Date retrieved: 30 December 2018
18 references found.Click X to load a reference inside the current page, click on the title to open in a new page.
EPO Guidelines - A Formalities Examination
XGL A III 12 Extension and validation of European patent applications and patents to/in states not party to the EPC
EPO Guidelines - E General Procedural Matters
EPO Guide for Applicants, part II Int.
EPO Guide for Applicants, part II Int. - B The EPO as a PCT receiving Office
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 2017, A84 - Decision of the President of the European Patent Office dated 11 October 2017 fixing the amount of the fee for validating European patent applications and patents in Tunisia
XOJ EPO 2015, A85 - Validation of European patents in the Republic of Moldova (MD) with effect from 1 November 2015
XOJ EPO 2015, A84 - Decision of the President of the European Patent Office dated 1 October 2015 fixing the amount of the fee for validating European patent applications and patents in the Republic of Moldova