Pages 290-293

ADMINISTRATIVE COUNCIL

Decisions of the Administrative Council

Decision of the Administrative Council of 10 June 1988 amending the Implementing Regulations to the European Patent Convention¹

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 2, paragraph 1, first sentence, of the Implementing Regulations to the Convention shall be amended to read as follows:

"Any party to oral proceedings before the European Patent Office may, in lieu of the language of the proceedings, use one of the other official languages of the European Patent Office, on condition either that such party gives notice to the European Patent Office at least one month before the date laid down for such oral proceedings or makes provision for interpreting into the language of the proceedings."

Article 2

Rule 25, paragraph 1, of the Implementing Regulations to the Convention shall be amended to read as follows:

"1) Up to the approval of the text, in accordance with Rule 51, paragraph 4, in which the European patent is to be granted, the applicant may file a divisional application on the pending earlier European patent application."

Article 3

Rule 36, paragraph 1, second sentence, of the Implementing Regulations to the Convention shall be amended to read as follows:

"Rule 35, paragraphs 2 to 14, shall also apply to the translation of the claims referred to in Rule 51, paragraph 6."

Article 4

Rule 53 of the Implementing Regulations to the Convention shall be amended to read as follows:

"Rule 53

Technical preparations for publication and form of the specification of the European patent Rules 48 and 49, paragraphs 1 and 2, shall apply mutatis mutandis to the specification of the European patent. The specification shall also contain an indication of the time limit for opposing the European patent."

Article 5

Rule 57, paragraph 1, of the Implementing Regulations to the Convention shall be amended to read as follows:

"(1) The Opposition Division shall communicate the opposition to the proprietor of the patent and shall invite him to file his observations and to file amendments, where appropriate, to the description, claims and drawings within a period to be fixed by the Opposition Division."

Article 6

Rule 58, paragraph 4, of the Implementing Regulations to the Convention shall be amended to read as follows:

"(4) Before the Opposition Division decides on the maintenance of the European patent in the amended form, it shall inform the parties that it intends to maintain the patent as amended and shall invite them to state their observations within a period of two months if they disapprove of the text in which it is intended to maintain the patent."

Article 7

Rule 70 of the Implementing Regulations to the Convention shall be amended to read as follows:

"Rule 70

Signature, name, seal (1) Any decision, communication or notice from the European Patent Office is to be signed by and to state the name of the employee responsible.

(2) Where the documents mentioned in paragraph 1 are produced by the employee responsible using a computer, a seal may replace the signature. Where the documents are produced automatically by a computer the employee's name may also be dispensed with. The same applies to preprinted notices and communications."

Article 8

Rule 71, paragraph 1, of the Implementing Regulations to the Convention shall be amended to read as follows:

"(1) The parties shall be summoned to oral proceedings provided for in Article 116 and their attention shall be drawn to paragraph 2 of this Rule. At least two months' notice of the summons shall be given unless the parties agree to a shorter period."

Article 9

Rule 72, paragraph 2, first sentence, of the Implementing Regulations to the Convention shall be amended to read as follows:

"At least two months' notice of a summons issued to a party, witness or expert to give evidence shall be given unless they agree to a shorter period."

Article 10

Rule 77, paragraph 1, of the Implementing Regulations to the Convention shall be amended to read as follows:

"(1) In proceedings before the European Patent Office, any notification to be made shall take the form either of the original document, a copy thereof certified by, or bearing the seal of, the European Patent Office or a computer print-out bearing such seal. Copies of documents emanating from the parties themselves shall not require such certification."

Article 11

The following paragraph 3 shall be added to Rule 95a of the Implementing Regulations to the Convention:

"(3) The President of the European Patent Office shall determine the form in which the files relating to European patent applications shall be kept."

Article 12

Rule 101, paragraph 4, of the Implementing Regulations to the Convention shall be amended to read as follows:

"(4) Where the appointment of a representative is communicated to the European Patent Office without an authorisation being filed, the representative shall be invited to file the authorisation within a period to be specified by the European Patent Office. Where the requirements of Article 133, paragraph 2, have not been satisfied, the same period shall be specified for the notification of the appointment of a representative and for the filing of the authorisation. If such authorisation is not filed in due time, any procedural steps taken by the representative other than the filing of a European patent application shall, without prejudice to any other legal consequences provided for in the Convention, be deemed not to have been taken."

Article 13

Rule 101, paragraph 4, of the Implementing Regulations to the Convention as amended by this decision shall apply to all cases in which the establishment of loss of rights has not yet become final on the date of the entry into force of this decision.

Article 14

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 15

This decision shall enter into force on 1 October 1988.

Done at Munich, 10 June 1988.

For the Administrative Council

The Chairman

Albrecht KRIEGER