R.160 EPC Consequences of non-fulfilment of certain requirements

(1)

If either the translation of the international application or the request for examination is not filed in due time, or if the filing fee, the search fee or the designation fee is not paid in due time, the European patent application shall be deemed to be withdrawn.

If the European Patent Office notes that the application is deemed to be withdrawn under paragraph 1, it shall communicate this to the applicant. Rule 112, paragraph 2, shall apply mutatis mutandis.

[ Art. 153 R. 159 ]

Amended by decision of the Administrative Council CA/D 4/08 of 21.10.2008 (OJ EPO 2008, 513),

entered into force on 01.04.2009.

See opinion of the Enlarged Board of Appeal G 4/98 (Annex I).

Source: http://www.epo.org/law-practice/legal-texts/html/epc/2016/e/r160.html

Date retrieved: 30 December 2018

25 references found.

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EPC Articles

X A.79 EPC Designation of Contracting States

X A.120 EPC Time limits

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

EPC Implementing Rules

X Part IX Implementing Regulations to Part X of the Convention

X R.39 EPC Designation fees

X R.112 EPC Noting of loss of rights

X R.159 EPC The European Patent Office as a designated or elected Office – Requirements for entry into the European phase

EPO Guidelines - A Formalities Examination

X GL A III 11.2.5 Euro‑PCT applications entering the European phase

X GL A III 11.3.9 Euro‑PCT applications entering the European phase before 1 April 2009

EPO Guidelines - C Procedureal Aspects of Substantive Examination

X GL C II 1.2 Euro-PCT applications

EPO Guidelines - E General Procedural Matters

X GL E IX 2.1.2 Initial processing and formal examination; copy of the international application; translation

X GL E IX 2.1.3 Filing fee, designation fee, request for examination, search fee and claims fees

X GL E IX 2.5.1 Publication of the international application

EPO Guide for Applicants, part II Int. - E Euro-PCT procedure before the EPO as designated or elected Office

X GA E I 5 When must the European phase be initiated before the EPO as designated or elected Office?

X GA E II 1 Overview of the steps to be taken for entry into the European phase

X GA E V 2 Consequences of not filing a translation of the application

X GA E V 4 Consequences of not filing a translation of the annexes to the IPER

X GA E VII 2 Non-observance of the time limit for payment of the filing fee

X GA E VIII 1 Non-observance of the time limit for payment of the designation fee

X GA E IX 6 Non-observance of the time limit for payment of the search fee

X GA E X 5 Non-observance of the time limit for filing the request for examination and payment of the examination fee

Offical Journal of the EPO

X OJ EPO 2011, 480 - Decision of the Legal Board of Appeal dated 1 September 2010 J 18/09

X OJ EPO 2010, 406 - Notice from the European Patent Office dated 29 June 2010 concerning communications under amended Rule 161 EPC

X OJ EPO 2008, 513 - Decision of the Administrative Council of 21 October 2008 amending the Implementing Regulations to the European Patent Convention (CA/D 4/08)

Case Law of the Enlarged Board

X G 0004/98 (Designation fees) of 27.11.2000