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Pages 320-321

Citation: OJ EPO 2010, 320
Online publication date: 31.5.2010
INTERNATIONAL TREATIES
PCT

Decision of the President of the European Patent Office dated 24 March 2010 providing for review panels for the implementation of the protest and review procedures under the PCT1

The President of the European Patent Office, having regard to Article 10 and Rule 11(2) EPC, Rules 40.2(c) to (e), 45bis.6(c) to (e) and 68.3(c) to (e) PCT, and Rule 158(3) EPC, has decided as follows:

Article 1

Review panel

The examination of a protest under Rule 40.2(c) or 68.3(c) PCT and Rule 158(3) EPC, and the examination of a request for review under Rule 45bis.6(c) PCT, shall be carried out by a review panel consisting of three members:

  • the head of a directorate, normally the head of the directorate which issued the invitation to pay additional fees as provided for in Articles 17(3)(a) and 34(3)(a) PCT or, as the case may be, the supplementary international search report (SISR) containing the notification under Rule 45bis.6(a)(ii) PCT; and, as a rule,
  • the examiner responsible for issuing that invitation or that SISR; and
  • an examiner with special expertise in unity of invention.

Article 2

Entry into force

(1) This decision shall enter into force on 1 July 2010 and, subject to paragraph (2), apply to all international patent applications filed on or after that date or pending on that date.

(2) The decision dated 25 August 1992 providing for review panels for the implementation of the protest procedure under the PCT (OJ EPO 1992, 547) shall continue to apply to all international patent applications filed before 13 December 2007.2

Article 3

Previous decision superseded

On entry into force of this decision, the decision of the President of the European Patent Office dated 24 June 2007 providing for review panels for the implementation of the protest procedure under the PCT (Special edition No. 3, OJ EPO 2007, N.1.) shall cease to have effect.

Done at Munich, 24 March 2010

Alison BRIMELOW

President

 

 

1 Also referred to as: "decision concerning the PCT review panels" (see notice from the EPO dated 24 March 2010 concerning the protest and review procedures under the PCT, OJ EPO 2010, 322).

2 Date of entry into force of the Act revising the European Patent Convention of 29 November 2000 (EPC 2000), Special edition No. 4 of OJ EPO 2001, 3.