When the EPO is the (S)ISA, no further searching is performed in the EP regional phase, with consequent . 122 EPC can be made. Further measures taken by the EPO to handle the Covid-19 situation Fees payable to the EPO for international applications upon entry into the "regional phase" . , the applicant does not have to submit the Standard-compliant sequence listing again in TXT format on entry into the regional phase before the EPO as designated or elected Office. 5.5.008 Further processing ; Re-establishment of rights ; Transfer of rights; . The European regional phase of a PCT application commences thirty-one months from the earliest claimed priority and so amendments may be made before that date in order to reduce the number of pages. If the 31 month deadline is missed, the EPO will set an additional 2 month ("further processing") period for completing the minimum requirements mentioned above. Filing a Demand ("a Demand for further International Preliminary Examination (IPE) under Chapter II of the Patent Cooperation Treaty (PCT)") involves filing certain forms and paying certain fees, including a PCT examination fee. at 31 months from the date of priority (Rule 159 (1) EPC), the applicant requests entry into the regional phase before the EPO.The applicant has then six months to amend the application (Rule 161 (2) EPC). Further processing ; Re-establishment of rights ; Transfer of rights; . Amended Rule 164 EPC distinguishes between two situations: Background. Since November 1, 2014, the EPO applies an amended Rule 164 EPC regarding the treatment of a lack of unity of invention objection in the European Phase of a PCT application. Please use a typewriter. 1) What is the Patent Cooperation Treaty (PCT)? The International Phase begins with the filing of the PCT application and ends when the PCT application is taken into ("enters") the National/Regional Phase. Overview When entering the European regional phase from the PCT phase the choice of the international searching authority (EPO or non-EPO international searching authority) has an impact on the actions that are required shortly after regional phase entry and also an impact on the fees that are payable. PCT applications are automatically subject to . Entry into the regional phase before the EPO as designated or elected Office (EPA/EPO/OEB Form 1200) b These notes explain how to complete EPA/EPO/OEB Form 1200. Regarding your second question: We understand from your enquiry that you would like to know which ISR may be presented in the national phase. Online Search Databases: Austrian Patents and Utility Models, European Patents (EPO). The deadline for requesting entry of a PCT application into the European regional phase is 31 months from the filing date or, if priority has been claimed, from the priority date (Rule 159 (1) EPC). The European Patent Office is also, in effect, the designated Office where patent protection is desired for a designated State through the extension of a European patent to that State, a possibility which is only available for When entering the regional phase before the EPO from a Patent Cooperation Treaty (PCT) application, the applicant has the opportunity, for example, to voluntarily amend the claims in response to the formal communication under Rules 161/162 EPC, which issues shortly after the application enters the regional stage in Europe (Euro-PCT application). or else the application is deemed withdrawn) and your attention is drawn to this on the form. The European Patent Office EPO applies a deadline of 31 months for entry in the European phase of PCT patent applications. 1037: Acknowledgement of receipt by the EPO of subsequently filed items. EPO Form 1200 ; Payment of fees ; In 2016, the EPO further built on the positive feedback received from the initial phase of Early Certainty at the EPO to extend to concluding examination within 12 months from filing (currently averaging 22.6 months), by 2020. EUR Filing fee [ 7] 020 online filings of EPO Form 1200; 130.00. Filing requirements in the US. A response to this form within 1 month . Entry into the European phase - Form 1200 Under Rule 159(1) EPC, on entry into the However, PACE requests filed before the end of the international phase will not be effective unless accompanied by an express request for early processing under Articles 23(2) or 40(2) PCT. Amended Rule 164 EPC regarding the possibility to pay additional Search Fees during the European Regional Phase. Art. It must be filed with the EPO direct, preferably with the branch at The Hague. This is one month more than the 30 months provided in the PCT. (applicable as of 1 April 2022) Code EPO European phase. Notice from the European Patent Office dated 28 April 2011 concerning the filing of sequence listings ; late filing of a translation), the further processing fee is a flat rate (fee code 122). As a result, no further searching was performed in the EP regional phase and the case went from regional phase entry to grant in about 2½ years. 7x) for applications filed before 01.04.2009: 110,00 + 020: Filing fee - entry EP-phase - online: 130,00 + 005: Designation fee - For all contracting States designated for applications filed on/after 01.04.2009: 630,00 + 021 Early entry into European phase The EPO as designated or elected office may not process an international application before the expiry of the 31-month time limit from the date of filing or . additional 2 month ("further processing") period for completing the minimum requirements mentioned above. Entry in the regional phase; Regional entry before the EPO as designated office. The official language of the US patent application is English. Soon after an application enters the regional phase the EPO issue a "Communication under Rules 161 and 162 EPC". It must be filed with the EPO direct, preferably with the branch at The Hague. report is drawn up by the EPO before entry into the regional phase at the EPO. 192 of the Italian IP Code by filing a request, paying the further processing fee and filing the translation within two months from the missed term. applicant to focus at an early stage to the most important 1 - Multiple independent claims in the same category (new . The EPO will set a 1 month deadline to file the response and, in the same communication, invite the applicant to pay claims fees and/or file voluntary amendments. A further processing fee is payable for each omitted act. Further Processing There is a window in which you can enter the European regional phase late 'as of right' by paying additional official fees. 23 (2) , 40 (2) PCT R. 159 EPC OJ 2013, 156 OJ 2015, A94 GL/EPO E‑IX, 2.8 5.1.023 The further processing procedure in Article 121 of the European Patent Convention (EPC) can be used at the EPO if the 31-month deadline is missed. Recorded online lecture: Entry into the European phase: processing your application before the EPO as designated Office An applicant interested in obtaining a European patent based on an international application needs to take the steps required for the so-called "entry into the European phase" within 31-months from the filing/priority date . The applicant then has a period of two months from the date of the notification in which to request "further processing" and to supply all necessary application papers. However, this is relatively expensive. Expedited grant at EPO Entry Regional / National Phase (PPH) 0 m Search report + opinion by EPO 6 m New ISR + WO-ISA by . 3 The Register provides up-to-date information on the entry of the PCT file in the regional phase before the EPO. You choose to waive the period of 6 months for further amending the application on own volition upon entry into . A legal remedy called 'Further Processing' is available for approximately 2 further months if this deadline is not met. Where the EPO has performed a search for an international application in its capacity as ISA, it will not automatically carry out a further search on entry into the regional phase. Rule 43 (2) EPC requires that, without prejudice to the requirement of unity of invention, a European patent application may contain more than one independent claim in the same category (product, process, apparatus or use) only if the subject matter of the application involves one of the following: a plurality of interrelated products; The Power of Attorney is not required to obtain the filing date, however, it may be requested by the Patent Office at any time during prosecution. A response to this form within 6 months is mandatory (i.e. Regional phase out of the PCT system request early processing of their application so that the application is processed immediately, rather than waiting for the regional phase deadline to pass the application would be processed immediately, rather than waiting for the 31-month regional phase entry deadline to pass and no request for further processing will be admitted. Further processing is the standard remedy whenever a deadline is missed during prosecution of a European patent application. An applicant filed a letter meant to be a request for immediate entry into the regional phase before the EPO. Entry of PCT Application into European regional/national phase Requirements for entry In respect of an international application entering into Europe (EPO Regional Phase) ,the applicant is obliged to perform the following acts within thirty-one months from the date of filing of the International (PCT) application or, if priority has been . Please use a typewriter. Most frequently requested forms. Speed of processing at the EPO Timely delivery of quality products John Beatty EPO September 18th, 2017. . The international and European phases of a PCT application C. Timeline for international applications Chapter 1 - General overview 1.1 What is the Euro-PCT Guide? Applicants can request the EPO as designated or elected Office to commence processing the Euro-PCT application at any time before expiry of the 31-month time limit. Once the application is in order for the search to start, the EPO delivers the supplementary European . An increase in fees occurs frequently and is, in part, due to inflation. From 1 December 2020, also China (CNIPA) specifies the EPO as ISA within a 2 years pilot program. 1001: Request for grant of a European patent. Since the letter was not an express entry request made in accordance with Article 40(2) PCT, the Examining Division found that the withdrawal was effective . However, the EPO . The International Phase consists of a Chapter I Phase and, if an optional Demand has been filed, a Chapter II Phase. . The International Phase. the end of the international phase before entering the EP regional phase. If Where possible, any amendments being made at regional phase entry should be clearly indicated on EPO form 1200 at the point of regional phase entry. For late payments, the further processing fee amounts to 50% of the late-paid fee (fee code 123). A response to this form within 6 months is mandatory (i.e. The deadline for filing a regional stage application in the EPO is thirty-one (31) months. 2 Before entering the regional phase in the European Patent Office 31 months after the priority date, the Register displays the bibliographic data of the PCT file as published by the WIPO. Further processing can only be used after the 31 month deadline has expired. 5.5.007 The loss of rights is deemed not to have occurred if, within two months from notification of the above communication, the translation is supplied and further processing is requested by payment of the relevant fee. Notes on Form . EPO - The EPO received 15.7% of all PCT national phase entries in 2019. This provides at least an additional 2 months for entry (at least 33 months from filing/priority), however it adds considerably to the cost as the further processing fee requires payment of each of the fees mentioned above along . The European Patent Office (EPO) has announced that its official fees will be increasing from 1 April 2022. . This time limit is not extensible and "further processing" is not available. See also EPA/EPO/OEB Form 1005. Further processing involves filing a request, and paying a further processing fee, which is 50% of the official fees, plus a further processing fee (currently €240) in respect of the request for examination. Entry into the regional phase before the EPO as designated or elected Office (EPA/EPO/OEB Form 1200) b These notes explain how to complete EPA/EPO/OEB Form 1200. Examples of the fee changes: EP direct or EP regional phase entry online filing fee will increase by 4% If this deadline is missed it is possible to enter the European regional phase within 2 months of a date which is set by the EPO, with a request for 'further processing' and payment of (substantial . If you have any queries related to the PCT National Phase Entry in Austria, please contact IIPLA team. For example, failure to file patents F10 within the six month r.28 period and the late entry into the National Phase of a s.89 application (see 10.71 below). In case the term for entry is missed, further processing is available under art. . Upon entry into regional phase before the EPO a translation of the application documents into English, French or German has to be provided, if the international application in published in another language. Shortly after the 31-month deadline, the EPO will issue a notification stating that the European patent application is deemed withdrawn. Under the Paris Convention, a U.S. applicant has twelve (12) months 2 from the date of filing in the U.S. to file any foreign applications and gain the priority date of the U.S. application. or else the application is deemed withdrawn) and your attention is drawn to this on the This article provides a high level overview… If both fees were not paid in due time, the single fee for further processing comprises 50% of the filing fee and 50% of the additional fee (see Art. 2 (1), item 12 , first indent, RFees). Rule 161(2) and 162 • These forms are for PCT (EP) applications • EPO Form 1226AA is issued if there has been a negative opinion by the EPO in the ISR and no amendments or comments have been filed on regional phase entry. The form is also available on the EPO's website: www.epo.org/applying/forms-fees/forms.html. The EPO strongly recommends that applicants use the latest version of this form which contains detailed explanatory notes. As noted by the Board of Appeal in the case in question, there is no explicit legal basis for any interaction between further processing for the deadline for regional phase entry and the deadline for requesting restoration of the right to claim priority. The EPO has available a special form for entering the national phase (EPO Form 1200-see Annex EP.II). Regardless, it is important to know about any changes to your filing formalities. What is the procedure? Shortly before the proceedings are resumed, the applicant of EP 3 535 150 requests entry into the EP regional phase and also pays the required fees for entry as well as requests further processing. To enter the regional phase in EPO, it is necessary to submit: - a request to grant a patent; - a copy of the international application. The full list of 143 countries which accept the EPO as ISA may be found here. 1. Additional fees must be paid and these can be significant so, from a cost standpoint, it is recommended that the original 31 month deadline is met. 4. Again, the EPO will require a full response to the objections. Late entry is possible at the European Patent Office (EPO) and the UK Intellectual Property Office, for example. The applicant will have to file the response shortly after entry into the European regional phase. 1.2 Retroactive effect of further processing for regional phase entry. After the request for further processing has been accepted by the EPO, the substantive examination starts. Deadline for PCT national phase entry in the USA. Further processing can be used to effectively delay European phase entry by two to three months, but it does incur high fees. . 162 EPC; for further details, see Guide for applicants - "Euro-PCT Guide: PCT procedure at the EPO" chapter 5 - 14th . For direct European patent applications, divisional patent applications, or regional phase entries based on PCT with an International Searching Authority ISA differing from the EPO, the focus should be on the claims submitted with the original filing or in case of a regional phase entry submitted at the time of entering into that regional phase . If a statement is not filed or is not deemed sufficient, the EPO will either not carry out a search or will search only part of the claimed subject matter. Fee for further processing (late performance of acts R. 71 . Hence, one fee for further processing is due. EPO Form 1226A is issued if there has been a negative opinion by the EPO and no amendments or comments have been filed on regional phase entry. Application of third party terms . The PCT is an international treaty with more than 150 Contracting States. Additional fees must be paid and these can be significant so, from a cost standpoint, it is recommended that the original 31 month deadline is met. Filing fee - entry EP-phase - not online: 270,00 + 005: Designation fee - For each State designated (max. Shortly after the 31-month deadline, the EPO will issue a notification stating that the European patent application is deemed withdrawn. After entering the European regional phase A s of the 1st of April 2022, the European Patent Office (EPO) will be increasing its fees. Shortly after the 31-month deadline, the EPO will. For entry into the European phase under Rule 159(1) EPC, both, further processing and re-establishment can be available. At the latest moment possible, i.e. The EPO was used to provide an SISR in the international phase. The deadline for filing the Demand is the later of: 22 months from the priority date, and 3 months from the . When the 31 months deadline is due, the . Provided that a specific request is made that processing of the EP regional phase should start immediately, the EP regional phase can be started at any time . If you wish to accelerate prosecution, then it is possible to enter the European regional phase before this deadline by requesting early processing of the application at the EPO. Terms and abbreviations B. If further processing is not available then a request for re-establishment of rights under Art. options for shortening the processing time. The basic PCT application was filed (in the English language) in China, designating CNIPA as the ISA. It is possible to enter the European regional phase later than 31 months using "Further Processing" at the EPO. The time limit for the PCT national phase entry in the United States of America is 30 months from the date of priority. Use of the form, although recommended, is not obligatory. Via the EPO Further processing The deadline for entry into the European phase is 31 months from the priority date. Notes on the request for grant of a European patent (form 1001) 1020: Payment form only for applications filed with national patent offices. Further Processing There is a window in which you can enter the European regional phase late 'as of right' by paying additional official fees. The legal deadline for entry into the European regional phase is 31 months from the earliest declared priority date of the PCT application. Further Processing There is a window in which you can enter the European regional phase late 'as of right' by paying additional official fees. In such a case, after entry into the regional phase, the EPO will If the 31 month deadline is missed, the EPO will set an additional 2 month ("further processing") period for completing the minimum requirements mentioned above. The national entry date and national reference number are supplied by the national office concerned and can be used to retrieve further details from that . This letter was followed by a withdrawal of the applicant's priority claims. RULE 161(2) AND 162 • These forms are for PCT (EP) applications • EPO Form 1226AA is issued if there has been a negative opinion by the EPO in the ISR and no amendments or comments have been filed on regional phase entry. However, if this deadline is missed, remedies are available that may permit entry into the European regional phase later than this deadline. PCT procedure at the EPO International phase and entry into the European phase Guide for applicants 14th edition Updated to 1 January 2021 n Contents A. 1200: Entry into the European phase. For example: - We will be more than . PCT applicants will be able to decide whether to take advantage of the examination at the EPO ("regional phase . A . If no . This gives the applicant a period of six months within which to file voluntary amendments to the claims and/or respond to a Written Opinion of the international searching authority (ISA), in the case where the ISA is the EPO itself. The national stage can be revived if a petition and fee are filed within two months. It is possible to challenge such an objection, either in reply to the invitation or during examination. 1 The PCT makes it possible to seek patent protection for an invention simultaneously in a large number of countries by filing a single "international" patent application instead of filing several separate national or regional patent applications. There are 3 versions of the new R.161 EPC Communication: - EPO Form 1226A; EPO Form 1226B; and EPO Form 1226C. 020 . No legalisation or notarisation is required. Late entry into the regional phase can be effected by completing the formalities for entry the regional phase (e.g. Display of information in the National Phase tab of PATENTSCOPE for an office indicates that the applicant requested national phase processing for the application concerned in that office. If . When utilising further processing for late European regional phase entry, it is important to note that the additional fees are substantial, consisting of 50% of the fees that should have been paid . The application documents can be adapted to the requirements of the EPO after entry of regional (national) phase in Europe. the ARIPO Office or the European Patent Office, respectively (see International Phase, paragraphs 4.022 to 4.026). Entry in the regional phase; Regional entry before the EPO as designated office. EPO Form 1200 ; Payment of fees ; Separate further processing fees must be paid for each omitted act comprised in a unitary procedural act. 5.19.003 For omitted procedural acts (e.g. Use of the form, although recommended, is not obligatory. Normally, the EPO issues a Communication under Rule 161/162 EPC shortly after the regional phase entry. Filing fee - EP direct or EP regional phase entry (online) 125: 130: 4%: Fee for a European search/supplementary European search (Applications filed on/after 01.07.2005) . PCT application may also be nationalized in Austria via entering the European PCT regional phase and its further validation in Austria. Look in the lower left-hand corner for the number. Recorded online lecture: Entry into the European phase: processing your application before the EPO as designated Office An applicant interested in obtaining a European patent based on an international application needs to take the steps required for the so-called "entry into the European phase" within 31-months from the filing/priority date . The requirements for an allowable request for further processing are: The request must relate to a failed time limit arising in the course of prosecution of a patent application before the EPO. formally requesting examination of the application, filing translations (if required) and paying fees due on filing) together with a payment of a further processing fee which will comprise a 50% uplift of all omitted fees and a .
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