Pages 467-468

INFORMATION FROM THE EPO

Notice from the European Patent Office dated 3 July 1992 concerning an amendment to the Guidelines for Examination in the European Patent Office (Part A)

I. The Enlarged Board of Appeal has in its Decision G 6/91, which is to be published in Official Journal 9/1992 (provisional headnote published in Official Journal 6/1992) examined the current practice and jurisprudence concerning the reduction of fees under the language arrangements. As a result it will no longer be possible to benefit from a reduction in fees when the document concerned is filed in an admissible non-EPO language after the translation into the language of the proceedings has been filed. The reduction will only be allowed if the document in the language of the proceedings is filed at the earliest at the same time as the document in the admissible non-EPO language. Additionally, according to this Decision, the granting of a reduction of fees for a first procedural step does not extend to fees relating to subsequent procedural steps. A revision of the Guidelines for Examination in the EPO is therefore necessary. Applicants wishing to obtain a reduction in fees under the provisions of Article 14(4) and Rule 6(3) EPC are urgently recommended to file the request for examination in the admissible non-EPO language in the Request for Grant (Form 1001) or in the Form for entry into the regional phase before the EPO as designated or elected Office (Form 1200).

II. By Decision of the President of the EPO, dated 3 July 1992, point A-XI, 9.2 of the Guidelines for Examination in the EPO* (issue dated January 1992) is amended with effect from 1 September 1992 as follows:

9.2.1 Conditions

The following sentence is added at the end of paragraph 2:

"The conditions to be fulfilled for the grant of a reduction in fees vary for each procedural step for which a reduction is claimed (see Decision G 6/91 to be published in Official Journal 9/1992)."

Paragraph 3 is amended as follows:

"The reduction is only allowed if the translation into the language of the proceedings is filed in due time, that is to say, at the earliest at the same time as the European patent application or the document subject to a time limit in the admissible non-EPO language (see G 6/91)."

The whole of the text of points 9.2.3 to 9.2.5 is amended as follows:

"9.2.3 Reduction of the examination fee

The applicant will be allowed a reduction in the examination fee if the written request for examination is filed in an admissible non-EPO language and a translation of the written request for examination in the language of the proceedings is also filed. For the reduction to be allowed, the written request for examination in the admissible non-EPO language must be filed at the same time as the Request for Grant (Form 1001) since the form already contains a pre-printed box for the written request for examination in the official languages of the EPO; the written request for examination in the admissible non-EPO language should be entered in the box provided for the request for examination. In order to benefit from the reduction it is not necessary to file subsequent additional documents for the examination proceedings in an admissible non-EPO language.

9.2.4 Reduction of the opposition fee

The opposition fee is reduced if the notice of opposition including the written reasoned statement of grounds is filed in an admissible non-EPO language as well as in the language of the proceedings in translation (see Decision T 290/90 of 9 October 1990, published in OJ EPO 1992, 368).

9.2.5 Reduction of the appeal fee

A reduction in the appeal fee is allowed if the notice of appeal is filed in an admissible non-EPO language as well as in the language of the proceedings in translation. The grant of a reduction does not depend on the subsequent filing of the statement setting out the grounds of appeal in an admissible non-EPO language."