EPO Rule Changes: R.141 EPC – Update to Prior Art Exchange Procedures

Following on from my post here, the President of the EPO has decided that an applicant will not need to file search results under R.141(1) EPC if the priority application was first-filed in one of:

  • US,
  • UK, or
  • Japan.

These will be exchanged between the patent offices automatically. In most cases, US, British and Japanese attorneys (and the majority of their clients) can thus let out a sigh of relief.

As set out here, this adds to the exemptions available when the search reports were drawn up by the EPO (e.g. EPO search on international or national applications).

Still from January it is worth checking the state in which a  priority application was filed as a general procedural step.

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