ADMINISTRATIVE COUNCIL
Decision of the Administrative Council of 10 December 2024 amending Rules 36, 39 and 160 of the Implementing Regulations to the European Patent Convention (CA/D 13/24)
THE ADMINISTRATIVE COUNCIL OF THE EUROPEAN PATENT ORGANISATION,
Having regard to the European Patent Convention, and in particular Article 33(1)(c) thereof,
Having regard to Regulation (EU) No 833/2014 of 31 July 2014 concerning restrictive measures in view of Russia's actions destabilising the situation in Ukraine, as amended by Regulation (EU) 2024/1745 of 24 June 2024, and in particular Article 5s(3) and (5) thereof,
HAS DECIDED AS FOLLOWS:
Article 1
The Implementing Regulations to the European Patent Convention shall be amended as follows:
1. The heading of Rule 39 reads as follows:
"Designation fees and deemed withdrawal"
2. The following new paragraph 2a is inserted into Rule 39:
"Having regard to Article 5s(3) of amended Regulation (EU) No 833/2014, where the applicant or one of the applicants is a Russian national, a natural person residing in Russia or a legal person, entity or body established in Russia, the designation of those Contracting States that are Member States of the European Union shall be deemed withdrawn. This provision shall not apply to nationals of a Contracting State or to natural persons having a permanent or temporary residence permit in one of the Contracting States."
3. The following new paragraph 5 is inserted into Rule 36:
"Rule 39, paragraph 2a, shall apply."
4. The heading of Rule 160 EPC reads as follows:
"Consequences of non-fulfilment of certain requirements and deemed withdrawal"
5. The following new paragraph 3 is inserted into Rule 160:
"On entry of a Euro-PCT application into the European phase, the designation of those Contracting States that are Member States of the European Union shall be deemed to be withdrawn in accordance with Rule 39, paragraph 2a."
Article 2
1. Rules 39(2a), 36(5) and 160(3) of the Implementing Regulations to the European Patent Convention as inserted under Article 1 of this decision shall enter into force on 16 December 2024.
2. Rules 39(2a), 36(5) and 160(3) of the Implementing Regulations to the European Patent Convention as so inserted shall apply to:
(a) European patent applications filed on or after 25 June 2024
(b) Euro-PCT applications entering the European phase before the EPO on or after 25 June 2024
(c) divisional European applications received on or after 25 June 2024.
Article 3
Rules 39(2a), 36(5) and 160(3) of the Implementing Regulations to the European Patent Convention as inserted under Article 1 of this decision shall be repealed by virtue of this provision on the date Article 5s(3) of Regulation (EU) No 833/2014 ceases to have effect, and Rules 39, 36 and 160 of the Implementing Regulations to the European Patent Convention shall be replaced by the versions in force prior to their amendment.
Done at Munich, 10 December 2024
For the Administrative Council
The Chairperson
Josef KRATOCHVÍL