ADMINISTRATIVE COUNCIL
Decisions of the Administrative Council
Decision of the Administrative Council of 5 June 1987 amending Rules 31 and 51 of the Implementing Regulations to the European Patent Convention
THE ADMINISTRATIVE COUNCIL OF THE EUROPEAN PATENT ORGANISATION,
having regard to the European Patent Convention (hereinafter referred to as "the Convention"), and in particular Article 33, paragraph (1)(b), thereof, on a proposal from the President of the European Patent Office,
HAS DECIDED AS FOLLOWS:
Article 1
Rule 31 of the Convention shall be amended as follows:
1. Paragraph 2 is deleted.
2. The existing paragraph 3 becomes paragraph 2.
Article 2
Rule 51 of the Convention shall be amended as follows: Paragraphs 4 to 6 are replaced by the following paragraphs 4 to 11:
"(4) Before the Examining Division decides to grant the European patent, it shall inform the applicant of the text in which it intends to grant it and shall request him to indicate, within a period to be set by it which may not be less than two months or more than four months, his approval of the text notified. The period shall be extended once by a maximum of two months provided the applicant so requests before it expires.
(5) If the applicant fails to communicate his approval within the period according to paragraph 4, the European patent application shall be refused. If within this period the applicant proposes amendments to the claims, description or drawings to which the Examining Division does not consent under Rule 86, paragraph 3, the Examining Division shall, before taking a decision, request the applicant to submit his observations within a period it shall specify and shall state its reasons for so doing.
(6) If it is established that the applicant approves the text in which the Examining Division, taking account of any proposed amendments (Rule 86, paragraph 3), intends to grant the European patent, it shall invite him to pay, within a non-extendable period to be set by it which may not be less than two months or more than three months, the fees for grant and printing and shall also invite him to file within the same period a translation of the claims in the two official languages of the European Patent Office other than the language of the proceedings or. where the latter has been changed, other than the initial language of the proceedings.
(7) If the European patent application in the text in which the Examining Division intends to grant the European patent comprises more than ten claims, the Examining Division shall invite the applicant to pay claims fees in respect of each additional claim within the period laid down in paragraph 6 unless the said fees have already been paid in accordance with Rule 31, paragraph 1.
(8) If the fee for grant, the fee for printing or the claims fees are not paid in due time or if the translation is not filed in due time, the European patent application is deemed to be withdrawn.
(9) If a renewal fee becomes due after the invitation referred to in paragraph 6 has been notified and before the next possible date for publication of the mention of the grant of the European patent, the mention shall not be published until the renewal fee has been paid. The applicant shall be notified accordingly.
(10) The communication of the Examining Division under paragraph 6 shall indicate the designated Contracting States which require a translation pursuant to Article 65, paragraph 1.
(11) The decision to grant the European patent shall state which text of the European patent application forms the basis for the grant of the European patent."
Article 3
If the advance notice of the communication under Rule 51,paragraph 4, of the Convention has been despatched before 1 September 1987, the existing provisions shall continue to apply to the European patent application.
Article 4
The President of the European Patent Office shall forward a certified copy of this Decision to all signatory States to the Convention and to the States which accede thereto.
Article 5
This Decision shall enter into force on 1 September 1987.
Done at Vienna, 5 June 1987
For the Administrative Council
The Chairman
0. LEBERL