Pages 82-83

INFORMATION FROM THE EPO

Extension of European patents to Albania

The agreement on extending the protection conferred by European patents - Extension Agreement - entered into force on 1 February 19961. The rules governing the new system are set out in the Extension Ordinance of Albania and correspond to those of the other "Extension States" (Slovenia2, Latvia3 and Lithuania4).

Extension system

1. Extension occurs at the applicant's request. It is deemed requested for any European patent application filed on or after 1 February 1996. Extension is not available for applications filed prior to that date, or for any European patents resulting from such applications.

2. Extension is also deemed requested for all international applications filed on or after 1 February 1996 provided that both the EPO and Albania are validly designated (Euro-PCT applications).

3. The extension fee is DEM 200. It must be paid to the EPO (not the Albanian Patent Office) within the time limits prescribed in the EPC for paying the designation fees (Art. 79(2) and 78(2) EPC). After expiry of the basic time limit, the extension fee can still be validly paid under Rule 85a(2) EPC within a period of grace of two months, provided that within that period a surcharge of 50 % is also paid.

The payment period for Euro-PCT applications is 21 or 31 months from the date of filing or the priority date (Rule 104b(1) EPC).

4. Since the decision on the entry into force of the Extension Agreement had not been issued when the Request for Grant form (Form 1001)5 was revised, it was not possible to include Albania in section 34. Applicants intending to pay the extension fee for Albania are accordingly asked to enter Albania (AL) in section 34 of Form 1001 and to cross the appropriate box. The same applies for section 11 of Form 12006 for Euro-PCT applications entering the regional phase for which both the EPO and Albania have been validly designated.