New EPO Guidelines

The “April 2010” EPO Guidelines for Examination are now available for download at:

http://www.epo.org/patents/law/legal-texts/guidelines.html

The new Guidelines supersede the “April 2009” edition as of 1 April 2010.

The amendments are set out at the bottom of the EPO Notice:

http://www.epo.org/patents/law/legal-texts/journal/informationEPO/archive/20100401.html?update

The new Guidelines should mirror the previously issued draft Guidelines; although I have not had time to go through the publication yet.

A passage of the Notice that caught my eye was the following:

It should be noted that the Guidelines have not been fully revised. In one instance, where the Guidelines are still to be revised, several passages do not completely reflect current examination practice. Furthermore, once the work as regards content had been concluded, recent publications or decisions that appeared subsequently could no longer be taken into account. Thus, the relevant notice dated 14 September 2009 (OJ EPO 2009, 486), applies, for example, with respect to the filing of a certified copy of an earlier application to which reference is made, notwithstanding the relevant sections A-II, 4.1.3.1 and A-IV, 1.3.1 of the Guidelines.

The paper version of the Guidelines won’t be available until May.

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