Extension
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With several European states, which are not a party to the EPC and thus not "included" in the designation "EP", the EPO has agreed on a so-called "extension agreement". Pursuant to such agreement an applicant may, in the European phase, extend his application to any 'extension state'' on condition that all requirements are met: a valid extension requires, firstly, that on the international filing date the extension agreement was in force and, secondly, that this extension state was both a PCT contracting state at the filing date and was designated for a national patent in the international application.
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WIPO PCT Guide 41, 89
GL/EPO A-III, 13
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All extensions states listed below were already PCT contracting states on the date of entry into force of the extension agreement. Moreover, as from 1 January 2004, all PCT contracting states are automatically designated for a national and, where applicable, a regional patent (see point 35).
Extension agreements are in force with:
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AL Albania (since 1 February 1996)
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OJ 1996, 82
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MK Former Yugoslav Republic of Macedonia (since 1 November 1997)
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OJ 1997, 530
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HR Croatia (since 1 April 2004)
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OJ 2004, 117
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YU Serbia and Montenegro (since 1 November 2004)
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OJ 2004, 563
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BA Bosnia and Herzegovina (since 1 December 2004)
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OJ 2004, 619
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The extension agreements with the Republic of Slovenia (entry into force 1 March 1994), the Republic of Romania (entry into force 15 October 1996), Lithuania (entry into force 5 July 1994) and Latvia (entry into force 1 May 1995) terminated when these four states acceded to the EPC with effect from 1 December 2002, 1 March 2003, 1 December 2004 and 1 July 2005 respectively. The extension system continues to apply after this date for all applications filed prior to the date on which the agreement terminated.
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OJ 2002, 463
OJ 2003, 1
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40
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A decision on the states for which extension is sought need not be taken until the application enters the European phase (see point 223).
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