Ancillary Regulations Part II: Rule 44 OJ 2004, 375

Rule 44 OJ 2004, 375: Notice from the European Patent Office dated 3 June 2004 on the pilot project concerning an Extended European Search Report and on the updated Request for Grant (Form 1001)

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Table of Contents

Foreword

Ancillary Regulations

Part II

Rule 44

Rule 38(5) OJ 2002, 192: Notice from the European Patent Office concerning the requirement to file a translation of the previous application or a declaration under Rule 38(5) EPC if the EPO adds a copy of the previous application to the file

Rule 44 OJ 2004, 375: Notice from the European Patent Office dated 3 June 2004 on the pilot project concerning an Extended European Search Report and on the updated Request for Grant (Form 1001)

Rule 44 OJ 1999, 90: Publication of the annex to the European search report

Rule 44a OJ 2005, 435: Notice from the European Patent Office dated 1 July 2005 concerning new Rule 44a EPC (introduction of the extended European search report), amendments to Articles 2 and 10 RFees and reduction of the search fee for supplementary European search reports under Article 157(3)(b) EPC

Rule 44 - OJ 2004, 375

Notice from the European Patent Office dated 3 June 2004 on the pilot project concerning an Extended European Search Report and on the updated Request for Grant (Form 1001)

- OJ 2004, 375 -

On 1 July 2003, the Office commenced a pilot project for EP first filings (ie applications claiming no priority) which involves issuing to the applicant, together with the search report, an opinion on whether the application and the invention to which it relates meet the requirements of the EPC (Extended European Search Report, EESR)¹. Some applicants may wish not to receive an Extended European Search Report. Such applicants should request this, preferably when filing the application.

Under the procedure to date, if no such request was submitted when the application was filed, a communication has been issued giving the applicant the opportunity to declare that he does not wish to receive an EESR. The pilot project has been very well received, with fewer than 3% of applicants opting out of the EESR.

To simplify the procedure in view of this low opt-out rate, the Office has added a new Section 40 to the Request for Grant (Form 1001), enabling applicants to opt out of the EESR when filing their application. The applicant will therefore no longer be invited in a separate communication to declare that he does not wish to receive an EESR, but may declare so by simply placing a cross in the appropriate box in the Request for Grant form. This applies to all EP first filings filed on or after 1 August 2004.

The updated reprint (05.04) of the Request for Grant (Form 1001) and the Notes is reproduced below.

The update is available in printed form². It is also available in editable PDF format on the EPO's website at "http://www.european-patent-office.org". Remaining copies of the previous version may be used up without prejudice to applicants' rights.

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¹	OJ EPO 2003, 206

²	The form ("EPA/EPO/OEB Form 1001, 05.04") is obtainable free of charge from the EPO (preferably from Vienna, but also from Munich, The Hague and Berlin) and the central industrial property offices of the contracting states.