Where the person adjudged by a final decision to be entitled to the grant of the European patent files a new European patent application under Article 61, paragraph 1(b), the original application shall be deemed to be withdrawn on the date of filing the new application for the Contracting States designated therein in which the decision has been taken or recognised or must be recognised on the basis of the Protocol on Recognition.
(3)[ 27 ]
The designation fee shall be paid within six months of the date on which the European Patent Bulletin mentions the publication of the European search report drawn up in respect of the new application. Rule 39, paragraphs 2 and Rule 39, paragraphs 3, shall apply.
Source: http://www.epo.org/law-practice/legal-texts/html/epc/2016/e/r17.html
Date retrieved: 17 May 2021
32 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
EPC Rules relating to Fees
EPO Guidelines - A Formalities Examination
EPO Guidelines - C Procedureal Aspects of Substantive Examination
EPO Guidelines - H Amendments and Corrections
XGL H III 4.3.1 Different text where a transfer of right takes place pursuant to Art. 61 in examination proceedings
Offical Journal of the EPO
XOJ 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 [..]
XOJ 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 [..]
XOJ EPO 2019, A4 - Decision of the President of the European Patent Office dated 21 December 2018 concerning the refund of the search fee under Article 9(2) of the Rules relating to Fees
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 2017, A94 - Decision of the President of the European Patent Office dated 17 November 2017 concerning the refund of the search fee under Article 9(2) of the Rules relating to Fees
XOJ EPO 2010, 338 - Decision of the President of the European Patent Office dated 24 March 2010 concerning the refund of the search fee under Article 9(2) of the Rules relating to Fees
XOJ EPO 2009, 96 - Decision of the President of the European Patent Office dated 22 December 2008 concerning the refund of the search fee under Article 9(2) of the Rules relating to Fees
XOJ 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)