11 February 2020

Transitional practice under the EPC 2000

The EPO Notice "Implementation of the Decision of the Administrative Council of 28 June 2001 on the transitional provisions under Article 7 of the Act revising the European Patent Convention of 29 November 2000 (in English only)" is now (again) available at the EPO website.

The document can now be found at https://www.epo.org/law-practice/legal-texts/epc/archive/documentation/transitional.html

The Notice is also known as "Transitional practice under the EPC 2000" .
It is also the document that was referenced in OJ EPO 200, 504.

The Notice was e.g. cited in the Examiner's Report for EQE Paper C of 2010.

The Notice mentions in particular that Article 54(3) EPC 2000 applies for any divisional application that is received by the EPO on or after 13.12.2007, irrespective of the filing date of the parent and the divisional application.

“Note in this context, that for European divisional applications the relevant date, for Art. 54(4) and Rule 23a EPC 1973 to apply or not, is the date of receipt of the divisional application at the EPO and not the attributed filing date of the parent application. This means that under the EPC 2000, parent and divisional applications may be treated differently as regards the application of Art. 54(3) EPC.”  (Notice page 25).

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