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Law & practice

Decision of the President of the European Patent Office dated 12 July 2007 concerning the filing of priority documents for European divisional applications and for new European patent applications under Article 61(1)(b) EPC

Special edition No. 3, OJ EPO 2007, B.2

The President of the European Patent Office, having regard to Rule 53(2) EPC, has decided as follows:

Article 1

Placing a copy of the previous application in the file of a European patent application

(1) For European divisional applications under Article 76 EPC or new European patent applications under Article 61(1)(b) EPC, the European Patent Office shall place, free of charge, a copy of the previous application whose priority is claimed in the file of the divisional or new application concerned.

(2) If the file of the European parent application or the earlier application under Article 61(1)(b) EPC contains no certified copy of the previous application whose priority is claimed, and the time limit under Rule 53(1) EPC for filing the priority documents has expired, the European Patent Office shall request the applicant to file such a certified copy within a specified period, to go on the file of the divisional or new application concerned.

Article 2

Translation of the previous application

(1) If, for European divisional applications under Article 76 EPC or new European patent applications under Article 61(1)(b) EPC, a translation of the previous application whose priority is claimed has to be filed for the purpose of assessing the validity of the priority claim, the European Patent Office shall take a copy of the translation from the file of the European parent application or of the earlier application under Article 61(1)(b) EPC.

(2) If the file of the European parent application or the earlier application under Article 61(1)(b) EPC contains no translation of the previous application whose priority is claimed, the European Patent Office shall request the applicant to file such a translation within a specified period, to go on the file of the divisional or new application concerned.

Article 3

Entry into force

This decision shall enter into force upon the entry into force of the revised text of the Convention in accordance with Article 8 of the Revision Act.

Done at Munich, 12 July 2007

Alison BRIMELOW

President