Guidelines for Examination
PART D
CHAPTER VI PROCEDURE FOR THE EXAMINATION OF THE OPPOSITION
7. Preparation of the decision
7.2 Preparation of a decision to maintain a European patent in amended form
7.2.3 Request for printing fee and translations
 

HOME

E  /  D   /  F

 

 
 
PART D
CHAPTER VI PROCEDURE FOR THE EXAMINATION OF THE OPPOSITIONCHAPTER VI PROCEDURE FOR THE EXAMINATION OF THE OPPOSITION
7. Preparation of the decision7. Preparation of the decision
7.2 Preparation of a decision to maintain a European patent in amended form7.2 Preparation of a decision to maintain a European patent in amended form
  7.2.2 Decision on the documents on the basis of which the patent is to be maintained7.2.2 Decision on the documents on the basis of which the patent is to be maintained       
 

7.2.3

Request for printing fee and translations

 

Once the interlocutory decision becomes final or the amended texts in which the patent is to be maintained have been drawn up in opposition appeal proceedings, the formalities officer requests the proprietor of the patent to pay, within three months, the fee for the printing of a new specification of the European patent and to file a translation of any amended claims in the two official languages of the EPO other than the language of the proceedings.

 

Art. 102(3)(b)

Art. 102(5)

Rule 58(5)



In the communication under Rule 58(5), the proprietor of the patent is asked whether he requests a paper copy of the new patent specification to be supplied to him with the new certificate for the amended European patent. This paper copy of the new specification is supplied free of charge if requested within the time limit of Rule 58(5) or (6). See also C-VI, 15.10.

 

Rule 54



If the European patent in the amended form contains different claims for different Contracting States, a translation of all sets of claims - in the text communicated to the proprietor of the patent - into all official languages other than the language of the proceedings must be filed.

 

The communication under the previous paragraph must indicate the designated Contracting States which require a translation pursuant to Art. 65(1).

 

Rule 58(7)



If the request under the first paragraph above is not complied with "in due time", the acts may still be validly performed within two months of notification of a communication pointing out the failure to observe the time limit, provided that within this two-month period a surcharge equal to twice the fee for printing a new specification of the European patent is paid. If any of the acts is not performed within the period of grace, the formalities officer will issue a decision for revocation of the patent in accordance with Art. 102(4).

 

Art. 102(4), (5)

Rule 58(6)