New EPO Information Disclosure Requirements Coming into Force
The new EPC Rules 141 and 70b, modifying the requirements concerning search results for priority applications are in force as of January 1, 2011, and apply to European and international patent applications filed on or after that date.
The new regulations have been amended to make compulsory the filing of a copy of the preliminary search results relating to the application or applications, based on which the corresponding European patent application claims priority.
The applicant is required to provide only the results of searches conducted with respect to the priority application, however the search results with respect to other applications relating to the same invention may still be required. The application shall be deemed withdrawn if the request is not complied within the term.
Once the European patent application enters the examination stage, the EPO shall invite the applicant to supply the above described documentation within a two month term. The European patent application will be deemed as withdrawn if no response to the invitation is filed.
Search results will not be required for a priority application filed on the territory of Japan, the United Kingdom, or the United States of America.
A translation of the search results from an office of first filing that does not use an official language of the EPO, is not required.
