7. Expiry of the term of the European patent

According to Art. 63(1), the term of the European patent is 20 years from the date of filing of the application. Under specific circumstances the contracting states can extend that term (Art. 63(2)).

The expiry of the 20-year term does not have an effect on the pendency of the European patent application. An applicant may still have a legitimate interest in the grant of the patent in view of provisional protection provided for in Art. 67(1). This means that examination of the application must continue unless the applicant withdraws the application or allows it to lapse by not responding to a communication issued by the examining division.

An opposition or an appeal can be filed even if the European patent has been surrendered or has lapsed in all contracting states (see D‑I, 2 and E‑XII, 2 respectively). For the effect of the expiry of the 20-year term on pending opposition proceedings, see D‑VII, 5.1.

Similarly, a request for limitation or revocation can be filed after the expiry of the term of the European patent.