ADMINISTRATIVE COUNCIL
Decisions of the Administrative Council
Decision of the Administrative Council of 8 December 1988 amending 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, Having regard to the opinion of the Budget and Finance Committee concerning Article 1, point 3.1, of this decision,
HAS DECIDED AS FOLLOWS:
Article 1
The Implementing Regulations to the Convention shall be amended as follows:
1. Rule 17, paragraph 3, shall read as follows:
"(3) If the applicant is not the inventor or is not the sole inventor, the European Patent Office shall inform the designated inventor of the data in the document designating him and the further data mentioned in Article 128, paragraph 5."
2. Rule 35, paragraph 2, shall read as follows:
The documents making up the European patent application shall be filed in three copies. The President of the European Patent Office may, however, determine that the documents shall be filed in fewer than three copies."
3. Rule 58 shall be amended as follows:
3.1 The following new paragraph 6 shall be added:
"(6) If the acts requested under paragraph 5 are not performed in due time they may still be validly performed within two months of notification of a communication pointing out the failure to observe the time limit, provided that within this two-month period a surcharge equal to twice the fee for printing a new specification of the European patent is paid."
3.2 The existing paragraphs 6 and 7 shall become paragraphs 7 and 8.
4. Rule 85a shall read as follows:
"Rule 85a
Period of grace for payment of fees
(1) If the filing fee, the search fee, a designation fee or the national fee have not been paid within the time limits provided for in Article 78, paragraph 2, Article 79, paragraph 2, Rule 15, paragraph 2, Rule 25, paragraph 3, or Rule 104b, paragraph 1, they may still be validly paid within a period of grace of one month of notification of a communication pointing out the failure to observe the time limit, provided that within this period a surcharge is paid.
(2) Designation fees in respect of which the applicant has dispensed with notification under paragraph 1 may still be validly paid within a period of grace of two months of expiry of the normal time limits referred to in paragraph 1, provided that within this period a surcharge is paid."
5. Rule 85b shall read as follows:
"Rule 85b
Period of grace for the filing of the request for examination If the requst for examination has not been filed within the time limit provided for in Article 94, paragraph 2, or Article 150, paragraph 2, it may still be validly filed within a period of grace of one month of notification of a communication pointing out the failure to observe the time limit, provided that within this period a surcharge is paid."
Article 2
Rules 58, paragraph 6, 85a and 85b 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 3
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 4
This decision shall enter into force on 1 April 1989.
Done at Munich, 8 December 1988.
For the Administrative Council
The Chairman
Albrecht KRIEGER