Ancillary Regulations : Part IV 2, Part IV OJ 2005, 366

Part IV OJ 2005, 366: Notice from the European Patent Office dated 23 May 2005 concerning the July 2005 update of the Request for Grant form (Form 1001)

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Table of Contents

Foreword

Ancillary Regulations

Part IV

Part IV 2

Part IV OJ 2005, 366: Notice from the European Patent Office dated 23 May 2005 concerning the July 2005 update of the Request for Grant form (Form 1001)

Part IV OJ 2000, 369: Notice dated 31 May 2000 concerning new versions of various forms

Part IV OJ 1995, 62: Notice from the European Patent Office dated 6 December 1994 concerning revised EPO Form 1140 - Request for the furnishing of samples of deposited microorganisms

Part IV - OJ 2005, 366

Notice from the European Patent Office dated 23 May 2005 concerning the July 2005 update of the Request for Grant form (Form 1001)

- OJ 2005, 366 -

In July 2005, a new version of the Request for Grant form (EPA/EPO/OEB Form 1001, Version 07.05) will be issued. The following amendments have been made to version 01.05, which was printed and made available for distribution in December 2004¹.

1. Section 5a: to speed up the procedure, many applicants prefer to waive their right under Article 96(1) EPC to indicate whether they wish to proceed further with their application. This waiver can now take the form of a cross in the new Section 5a (MEPA) instead of a separate letter or a comment added on the form.

2. Sections 13 and 18: the telex fields have been deleted because the EPO has had its telex numbers disconnected. See OJ EPO 2004, 374.

3. Section 21 - authorisation: the words "General authorisation" have been added (GENA).

4. Section 32 - designation of contracting states (DEST)

(a) The footnote to Section 32.1 now includes the new contracting state Latvia (LV)². The Section 32.1 declaration, which covers all EPC contracting states at the time the application is filed, is worded in such a way that when Form 1001 is used any new contracting states are also designated, even if they have not yet been included in the footnote. The Notes on the request for grant have been amended accordingly to include a request in Latvian in Part II, re Section 5³. In addition, Latvia, formerly an extension state, has been removed from Section 34.

(b) The explanation about the debiting of designation fees now appears in the Notes.

5. Section 34 - extension states (EXPT): Latvia is no longer listed here, as it will become a contracting state on 1 July 2005.

6. Section 40 - from July 2004 to July 2005 - extended European search report (EESR), see OJ EPO 2004, 375.

The new Rule 44a EPC will enter into force on 1 July 2005 (see OJ EPO 2005, 5), thereby ending the pilot project conducted on the extended European search report with the option of not having an EESR issued. Since Section 40, which was introduced as an interim measure, is no longer applicable, it has been deleted and the sections have been renumbered as they were before its introduction.

7. Section 43 - automatic debit order (DECA): the procedure for debiting designation and extension fees is now referred to only in the Notes, which in turn refer the reader to the new Arrangements for deposit accounts set out in Supplement No. 2 to OJ EPO 1/2005.

8. In the Receipt for documents (page 6 of the form), the layout of the area for official use has changed. There is now a separate box for the applicant's or representative's reference (AREF). Applicants can enter their reference on the line at the very bottom and/or in the box in the middle of the page.

Once again, form users are asked to:

(a) enter the full address to which the receipt should be returned in the address field

(b) attach the appropriate number of copies of the receipt for documents (see the new wording of C, page 6).

9. In addition to these amendments, there have been layout changes and minor editorial revisions.

The latest version (07.05) of the Request for Grant form (Form 1001) and the Notes are reproduced below.

The revised Request for Grant form (Form 1001) is available in paper form⁴. It can also be downloaded as an editable PDF document from the EPO's website (http://www.epo.org). Copies of the previous version of the form can be used without legal prejudice to the applicant, although it is recommended that the latest version be used.

If you use forms regularly, you might like to be advised by e-mail each time publications - including forms - are updated. To have your name put on the distribution list, please contact the Information Office: Tel. +49 89 2399-4636, infomunich@epo.org.

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¹	OJ EPO 2004, 591.

²	OJ EPO 2005, 299.

³	See Section 32.1 of the Request for Grant form (EPA/EPO/OEB Form 1001, 07.05) If the examination fee is to be reduced in accordance with Rule 6(3) EPC and Article 12(1) RFees, the request for grant can be submitted in Latvian as follows: "Ar šo tiek lugts veikt ekspertizi saskana ar EPK 94.pantu".

Since Section 5 (left column) of Form 1001 already contains a printed written request for examination in the official languages of the EPO, it is recommended that the written request for examination in Latvian be entered in the right-hand column of Section 5. The request for examination in this language can, however, also be made at a later date up to the time the examination fee is paid (see decision J 21/98, published in OJ EPO 2000, 406).

⁴	The Request for Grant form ("EPA/EPO/OEB Form 1001 07.05") is available free of charge from the EPO (preferably from Vienna, but also from Munich, The Hague and Berlin) as well as from the central industrial property offices of the contracting states.