ADMINISTRATIVE COUNCIL
Decisions of the Administrative Council
Decision of the Administrative Council of 5 June 1992 amending the Implementing Regulations to the European Patent Convention
THE ADMINISTRATIVE COUNCIL OF THE EUROPEAN PATENT ORGANISATION,
Having regard to the European Patent 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,
HAS DECIDED AS FOLLOWS:
Article 1
The Implementing Regulations to the European Patent Convention shall be amended as follows:
1. The following new Rule 27a shall be inserted:
Requirements of European patent applications relating to nucleotide and amino acid sequences
(1) If nucleotide or amino acid sequences are disclosed in the European patent application the description shall contain a sequence listing conforming to the rules laid down by the President of the European Patent Office for the standardised representation of nucleotide and amino acid sequences.
(2) The President of the European Patent Office may require that, in addition to the written application documents, a sequence listing in accordance with paragraph 1 be submitted on a data carrier prescribed by him accompanied by a statement that the information recorded on the data carrier is identical to the written sequence listing.
(3) If a sequence listing is filed or corrected after the date of filing, the applicant shall submit a statement that the sequence listing so filed or corrected does not include matter which goes beyond the content of the application as filed.
(4) A sequence listing filed after the date of filing shall not form part of the description."
2. Rule 40 shall read as follows:
Examination for certain physical requirements
The physical requirements which a European patent application must satisfy pursuant to Article 91, paragraph 1(b), shall be those prescribed in Rule 27a, paragraphs 1 to 3, Rule 32, paragraphs 1 and 2, Rule 35, paragraphs 2 to 11 and 14, and Rule 36, paragraphs 2 and 4."
3. The following new paragraph 3 shall be added to Rule 104a:
"(3) Without prejudice to Rules 40.2(e) and 68.3(e) of the Regulations under the Cooperation Treaty, where an additional fee has been paid under protest, the European Patent Office shall review whether the invitation to pay the additional fee was justified and, if it does not so find, shall refund the additional fee. If the European Patent Office after such a review considers the invitation to be justified, it shall inform the applicant accordingly and shall invite him to pay a fee for the examination of the protest ("protest fee"). If the protest fee is paid in due time, the protest shall be referred to the Board of Appeal for a decision."
4. The following new paragraph 3a shall be added to Rule 104b:
"(3a) If at the expiry of the period of twenty-one or thirty-one months referred to in paragraph 1 a sequence listing as prescribed in Rule 5.2 of the Regulations under the Cooperation Treaty is not available to the European Patent Office, or does not conform to the prescribed standard, or has not been filed on the prescribed data carrier, or if a sequence listing subsequently filed within the said period is not drawn up in one of the official languages of the European Patent Office, the applicant shall be invited to file a sequence listing conforming to the prescribed standard or on the prescribed data carrier, or to file a translation within such period as the European Patent Office shall specify."
Article 2
The President of the European Patent Office shall forward a certified copy of this decision to all Contracting States to the Convention.
Article 3
Article 1, points 1, 2 and 4 of this decision shall enter into force on 1 January 1993. Its other provisions shall enter into force on 1 October 1992.
Done at Monaco, 5 June 1992.
For the Administrative Council
The Chairman
JEAN-CLAUDE COMBALDIEU