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13 November 2009

EPO to Require Mandatory Filing of Search Results

The EPO has introduced a rule requiring applicants to file a copy of the search results received on the priority application. This mandatory provision will not apply generally to all foreign search reports, just the results of a search on the priority application.

The new rule, which will only apply to cases filed after January 1, 2011, states that any search results received on the priority application must be supplied to the EPO on filing the European patent application or, for a Euro-PCT application, on regional phase entry. If a search report is received after the European case is filed, then the applicant must supply it as soon as it becomes available.

If the EPO notes that the applicant has not filed the search results by the time examination has commenced, it will invite the applicant to do so within two months. Failure to file a copy at that stage, or a statement that the results are not available, will result in the application being deemed withdrawn. Further processing will be available if this deadline is missed.

This new rule supplements the existing power of the EPO to invite applicants to file a copy of all foreign search results. The difference is that the existing rule is not usually enforced at present, but the new rule will require mandatory supply of the search results, if any, received on the priority application.

If you have any questions regarding this new rule please contact us.