The request for grant form (EPA/EPO/OEB 1001) and the form for entry into the European phase (EPA/EPO/OEB 1200) have been updated in view of the amendments made to Rule 6 EPC in conjunction with Article 14(1) RFees[ 1 ] and to Rules 36 and 38[ 2 ] EPC, all of which enter into force on 1 April 2014. The new versions of the forms will be available on the EPO website as of that date.
In their Sections 14.1 and 4.1 respectively, the two forms now enable applicants to indicate that they are entities or natural persons under Rule 6(4) EPC, and thus eligible for reduced filing and examination fees.
Sections 33.2 and 11.2 respectively also give applicants the opportunity to request validation of their European patent application and European patent in states with which the EPO has a validation agreement. This opportunity is available as soon as the agreement enters into force. The EPO publishes the necessary information in good time before that occurs.
In addition, Section 27.1 of the request for grant form enables applicants filing a divisional application to indicate, pursuant to Rule 36 in conjunction with Rule 38 EPC, the generation to which it belongs.
Copies of the previous versions of both forms can however be used up without legal prejudice to the applicant.
[ 1 ] Decision of the Administrative Council of 13 December 2013 amending Rule 6 of the Implementing Regulations to the European Patent Convention and Article 14(1) of the Rules relating to Fees (OJ EPO 2014, A4).
[ 2 ] Decision of the Administrative Council of 16 October 2013 amending Rules 36, 38 and 135 of the Implementing Regulations to the European Patent Convention (OJ EPO 2013, 501).
Date retrieved: 30 December 2018