Rule 84 OJ 1979, 289: Length of time limits to be fixed under Article 96(2) of the EPC


 

E  /  D   /  F




Ancillary Regulations    
Part II Part I Part III
Rule 84 Rule 80 OJ 1980, 36: Announcement by the President of the EPO of 11 January 1980 concerning public notification under Rule 80 EPC Rule 84a OJ 2003, 283: Decision of the President of the European Patent Office dated 31 March 2003 concerning the application of Rule 84(a) EPC on the late receipt of documents
Rule 84 OJ 1979, 289: Length of time limits to be fixed under Article 96(2) of the EPC Rule 49 OJ 2005, 126: Notice from the European Patent Office dated 22 December 2004 concerning the introduction of electronic publication of European patent applications (A-documents) and European patent specifications (B-documents) Rule 84 OJ 1980, 68: Announcement by the President of the EPO relating to the duration of time limits to be fixed under Article 96(2)
 

Rule 84 - OJ 1979, 289

 

Length of time limits to be
fixed under Article 96(2) of the EPC


 

- OJ 1979, 289 -


 

The period of time for the reply to a communication under Article 96(2) has to be determined by the Examination Division. In order to facilitate the work of applicants and the Office, the President of the European Patent Office has decided to adopt a uniform practice with respect to such time limits. This practice will be as follows:


 

(1)

Three months if deficiencies in the application are merely formal or involve merely the correction of minor deficiencies


 

(2)

Six months in all other communications from the Examining Division (i.e. all communications raising objections of substance).


 

Requests for extension of a time limit will be granted only in exceptional cases and only when sufficient and convincing reasons are given. In this regard, attention is directed to the Guidelines for Examination at E, VIII, 1.6.


 

Having regard to the fact that the European Patent System is a new one in which no one has yet had any practical experience, the above-mentioned time limits correspond to the maximum time limits allowed under the Convention.


 

This practice will be reviewed before the end of one year and may be revised in the light of experience.