OJ EPO 2010, 498 - Notice from the European Patent Office dated 7 July 2010 concerning inventions which involve the use of or concern biological material

The present Notice is intended to update and consolidate the information given in the "Notice of the EPO dated 18 July 1986 concerning European patent appli- cations and European patents in which reference is made to micro-organisms" (OJ EPO 1986, 269) with the "Notice of the President of the EPO dated 28 July 1981 concerning the procedure for informing the EPO that the 'expert' option (Rule 28, paragraph 4, EPC) has been chosen, and the publication of that fact" (OJ EPO 1981, 358), the notice regarding "Conversion of deposits of micro-organisms made outside the

OJ EPO 2010, 514 - Notice from the European Patent Office dated 20 September 2010 concerning the non-acceptance of Swiss-type claims for second or further medical use following decision G 2/08 of the Enlarged Board of Appeal

1. In G 2/08 1, the Enlarged Board of Appeal has held that where the subject- matter of a claim is rendered novel only by a new therapeutic use of a medica- ment, such claim may no longer have the format of the so-called Swiss-type claim as instituted by decision G 5/83 (see Order, answer to question 3).

2. In order to ensure legal certainty and to protect the legitimate interests of applicants, the Board makes provision for transitional arrangements for the abolition of such claims. It sets a period of three months after the publication of decision G 2/08 in the Official Journal for

OJ EPO 2010, 518 - Patent Prosecution Highway pilot programme between the European Patent Office and the United States Patent and Trademark Office

I. Background

The Patent Prosecution Highway pilot programme (PPH) between the European Patent Office (EPO) and the United States Patent and Trademark Office (USPTO) was launched on 29 September 2008 and extended for an additional twelve months from 30 September 2009.

The European Patent Office and the United States Patent and Trademark Office agreed to extend the trial period for the Patent Prosecution Highway Programme until 28 January 2012, effective as of 1 October 2010.

OJ EPO 2010, 564 - Hungary accedes to the London Agreement

On 28 September 2010, the Republic of Hungary deposited its instrument of accession to the Agreement dated 17 October 2000 on the application of Article 65 EPC ("London Agreement", see OJ EPO 2001, 549), which under its Article 6(2) will accordingly enter into force for Hungary on 1 January 2011. The London Agreement will then be in force in sixteen EPC contracting states.

For European patents granted with effect for Hungary on or after 1 January 2011, no Hungarian translation of the European patent specification need be supplied

OJ EPO 2010, 568 - Decision of the Administrative Council of 26 October 2010 amending Rule 36 of the Implementing Regulations to the European Patent Convention (CA/D 16/10)

THE ADMINISTRATIVE COUNCIL OF THE EUROPEAN PATENT ORGANISATION,

Having regard to the European Patent Convention (hereinafter referred to as "EPC") and in particular Article 33(1)(c) thereof,

On a proposal from the President of the European Patent Office,

Having regard to the opinion of the Committee on Patent Law,

HAS DECIDED AS FOLLOWS:

Article 1

1. Rule 36(1) of the Implementing Regulations to the EPC shall read as follows:

OJ EPO 2010, 572 - Decision of the Enlarged Board of Appeal dated 16 February 2010 G 4/08

(Translation)

Composition of the board:

Chairman: P. Messerli Members: M-B. Tardo-Dino, P. Alting van Geusau, U. Kinkeldey, S. Perryman, B. Schachenmann, J.-P. Seitz Appellant: MERIAL Headword: Language of the proceedings/MERIAL Relevant legal provisions (EPC): Article: 14(1), (3), 153 EPC Rule: 3, 4, 157(2), 159 EPC Relevant legal provisions (EPC 1973): Article: 14(1), (3), 150(3), 153, 158 EPC Rule: 1, 2, 107(1)(a) EPC Relevant legal provisions (PCT) Article: 3(4), 22, 23 PCT Rule: 12.1, 49.1, 49.2 PCT Keyword: "Language of the proceedings"

OJ EPO 2010, 600 - Decision of the President of the European Patent Office dated 5 October 2010 on the filing of copies of search results under Rule 141(1) EPC utilisation scheme 1

The President of the European Patent Office, having regard to Rules 141(1) and (2) and Rule 70b(1) and (2) of the European Patent Convention (EPC), has decided as follows:

Article 1 Inclusion of a copy of the search results in the file of a European patent application

The European Patent Office shall include in the file of a European patent application a copy of the search results referred to in Rule 141(1) EPC where a search report of the following type was drawn up by the European Patent Office on an application whose priority is claimed:

OJ EPO 2010, 634 - Decision of the Administrative Council of 26 October 2010 amending the Implementing Regulations to the European Patent Convention (CA/D 12/10)

THE ADMINISTRATIVE COUNCIL OF THE EUROPEAN PATENT ORGANISATION,

Having regard to the European Patent Convention (hereinafter referred to as "EPC") and in particular Article 33(1)(c) thereof,

On a proposal from the President of the European Patent Office,

Having regard to the opinion of the Committee on Patent Law and of the Budget and Finance Committee,

HAS DECIDED AS FOLLOWS:

Article 1

1. Rule 161 of the Implementing Regula- tions to the EPC shall be amended to read as follows:

"Rule 161 Amendment of the application

OJ EPO 2010, 637 - Decision of the Administrative Council of 26 October 2010 amending the Implementing Regulations to the European Patent Convention and the Rules relating to Fees (CA/D 2/10)

THE ADMINISTRATIVE COUNCIL OF THE EUROPEAN PATENT ORGANISATION,

Having regard to the European Patent Convention (hereinafter referred to as "EPC") and in particular Article 33(1)(c) and (2)(d) thereof,

On a proposal from the President of the European Patent Office,

Having regard to the opinion of the Committee on Patent Law and of the Budget and Finance Committee,

HAS DECIDED AS FOLLOWS:

Article 1

1. Rule 71 of the Implementing Regula- tions to the EPC shall be amended as follows:

OJ EPO 2010, 642 - Notice from the European Patent Office dated 2 November 2010 concerning the revised procedure for acknowledging receipt of international applications filed in paper form

1. As from 1 March 2011, the European Patent Office (EPO) as receiving Office under the PCT will have in place an automated system for producing the "receipt for documents" for (purported) international applications filed with it in paper form (by hand, post or fax) on or after that date. It is therefore revising its procedure for acknowledging receipt of such applications.

2. The revised procedure, effective as from 1 March 2011, is described in Section I below. Applicants and their representatives are requested to adjust their administrative procedures as necessary.

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