OJ EPO 2013, 216 - Decision of the President of the European Patent Office dated 27 February 2013 exempting applicants claiming the priority of a first filing made in the Republic of Korea from filing a copy of the search results under Rule [..]

Full title: OJ EPO 2013, 216 - Decision of the President of the European Patent Office dated 27 February 2013 exempting applicants claiming the priority of a first filing made in the Republic of Korea from filing a copy of the search results under Rule 141(1) EPC utilisation scheme 1 2

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

OJ EPO 2013, 217 - Notice from the European Patent Office dated 27 February 2013 concerning exemption under Rule 141(2) EPC from filing a copy of the search results utilisation scheme

1. Amended Rule 141(2) EPC provides that a copy of the search results under Rule 141(1) EPC is deemed to be duly filed if it is available to the European Patent Office (EPO) and to be included in the file of the European patent appli- cation under the conditions determined by the President of the EPO 1.

2. Following a decision of the President of the EPO, the EPO includes the above- mentioned copy in the file of a European patent application where it has drawn up certain types of search report on an application whose priority is claimed,

OJ EPO 2013, 286 - European Union

Unitary jurisdiction of the EU

For many years the European Union has been working on the establishment of a unified patent court, to be set up on the basis of an international treaty. This agreement the second part of the EU patent package (see "EU regulations on unitary patent protection" in OJ EPO 2013, 110 ff) was signed in Brussels on 19 February 2013. It will enter into force after the deposit of the thirteenth instrument of ratification or accession (provided they include those of the three states with the highest

OJ EPO 2013, 287 - Agreement on a Unified Patent Court

THE CONTRACTING MEMBER STATES

CONSIDERING that cooperation amongst the Member States of the European Union in the field of patents contributes significantly to the integration process in Europe, in particular to the establishment of an internal market within the European Union characterised by the free movement of goods and services and the creation of a system ensuring that competition in the internal market is not distorted;

OJ EPO 2013, 372 - Notice of the President of the European Patent Office dated 4 June 2013 concerning the problems caused by the Oklahoma Tornado in the USA beginning on 20 May 2013

1. In view of the problems caused by the Oklahoma Tornado, which struck Moore, Oklahoma and adjacent areas in the US on 20 May 2013, attention is drawn to the general legal remedies provided for under the European Patent Convention and under the PCT in case of non-observance of time limits, and in particular, to the possible application of Rule 134(5) EPC and Rule 82quater.1 PCT.

2. Rule 134(5) EPC offers a safeguard in the case of non-observance of a time

OJ EPO 2013, 404 - Albania accedes to the London Agreement

On 31 May 2013, Albania deposited its instrument of accession to the Agreement of 17 October 2000 on the application of Article 65 EPC ("London Agreement", see OJ EPO 2001, 549). Under its Article 6(2), the agreement thus enters into force for Albania as 19th contracting state on 1 September 2013.

Albania has not adopted provisions pursuant to Article 65(1) EPC. Therefore, neither a translation of the claims nor of the patent specification of the European patent granted for Albania is to be supplied.

OJ EPO 2013, 412 - Communication from the Enlarged Board of Appeal concerning case G 2/13

In accordance with Article 112(1)(a) EPC, Technical Board of Appeal 3.3.04 has referred the following points of law to the Enlarged Board of Appeal with interlocutory decision of 8 July 2013 in case T 83/05:

1. Can the exclusion of essentially biological processes for the production of plants in Article 53(b) EPC have a negative effect on the allowability of a product claim directed to plants or plant material such as plant parts?

2. In particular:

OJ EPO 2013, 416 - Decision of the President of the European Patent Office dated 16 July 2013 concerning the content, form and means of communication of the certificate for a European patent

The President of the European Patent Office, having regard to Rules 74, 87 and 96 EPC, has decided as follows:

Article 1 Form and means of communication of the certificate for a European patent

(1) The certificate issued for a European patent as granted or amended shall be communicated to the proprietor in paper form. If there is more than one proprietor, a certificate shall be issued to each of them. (2) Certified copies of the certificate with the specification annexed shall be issued to the proprietor upon request and payment of an administrative fee.

OJ EPO 2013, 418 - Notice from the European Patent Office dated 16 July 2013 concerning communication of the certificate for a European patent

Since 1 April 2005, European patent specifications (EP-B) have been published electronically; publication in paper form was discontinued with effect from that date.

Under Article 1(2) of the decision of the President of the European Patent Office dated 12 July 2007 (Special edition No. 3, OJ EPO 2007, D.2) it has remained possible, on request, to be sent a copy of the patent speci- fication together with the certificate for a European patent. In view of the limited demand and to avoid printing costs, the European Patent Office will no longer provide for this possibility

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