Article 44

Citation: A44Online book date: 30.4.2020

EUROPEAN PATENT WORKPLACE

Information through the EPO

Choice for the Vice-President Legal and Global Affairs associated with European Patent Office (Directorate-General 5) dated 21 April 2020 regarding the conditions for playing the pilot task for on the web Filing 2.0

Prior to Article 12 regarding the choice regarding the President regarding the patent that is european (EPO) dated 11 March 2015 in regards to the pilot task to introduce brand new method of electronic interaction in EPO procedures (OJ EPO 2015, A28), plus in specific its Articles 6 and 7, it is often determined that, included in that pilot task, papers in procedures underneath the EPC and also the PCT might be filed online by way of the web Filing 2.0 pc software, at the mercy of the relevant laws put down when you look at the EPC and PCT together with current conditions.

Article 1Term of this on the web Filing 2.0 pilot task

The web Filing 2.0 pilot project begins on 4 might 2020.

Article 2Conditions for involvement

Anybody may take part in the web Filing 2.0 pilot task upon legitimate invitation and registration by the EPO. 1

Article 3Online filing means

(1) underneath the on line Filing 2.0 pilot task, individuals may register the application form papers specified in Article 5 aided by the EPO on line, utilizing the on line Filing 2.0 pc computer pc software.

(2) Filing by way of EPO on line Filing (OLF), the EPO situation administration system (CMS) while the EPO Web-Form Filing solution (Web-Form Filing) 2 and also by way of PCT-SAFE, ePCT-Filing while the ePCT service for uploading documents is excluded through the on the web Filing 2.0 pilot task.

(3) through the on the web Filing 2.0 pilot task, it won’t be possible to import application papers through direct integration associated with the Patent administration System (PMS) or even to submit application papers ready with PatXML computer pc software.

(4) The laws regulating filing that is online use mutatis mutandis to your filing prior to paragraph 1. 3

Article format that is 4DOCX

Application papers filed in DOCX format relative to Articles 3 and 5 must conform to the specs within the definition that is format because of the EPO on its site. 4

Article 5Documents that could be filed underneath the on line Filing 2.0 pilot task

The after papers may be filed prior to Article 3:

(a) EPO Form 1001, with the description, claims, abstract and drawings (application papers) of a European patent application and, if needed, translations of every among these papers, in PDF or DOCX format, as well as other papers in PDF structure;

(b) whenever going into the phase that is europeanRule 159 EPC), EPO Form 1200, as well as any amendments for the processing in the European period, including amendments under Article 19 and 34 PCT, and, if needed, their translations, and also other papers, in PDF structure;

(c) type PCT/RO/101, with the application documents of a worldwide application filed aided by the EPO as getting Office beneath the PCT, and, if needed, translations of every among these documents, in PDF or XML structure, 5 along with other papers in PDF format;

(d) series listings for worldwide, European and Euro-PCT applications in conformity utilizing the conditions regulating the filing of series listings; 6

( ag e) upon further announcement, the papers under paragraphs (b) and (c) in, instead, DOCX structure;

(f) upon further announcement, the program papers of an application that is international with all the EPO as (Supplementary) Overseas Browsing Authority or Overseas Preliminary fitness singles Examining Authority underneath the PCT, including a need for initial assessment into the worldwide phase (PCT need), in PDF or DOCX structure;

(g) upon further announcement, amendments, modifications and rectifications of papers under (a), (b), (c), ( ag ag e) and (f) up to give in PDF or DOCX structure and documents under (d) up to give according to the conditions regulating the filing of sequence listings 7 (EPO Form 1038, PCT-SFD);

(h) upon further announcement, papers in opposition, limitation, revocation and appeal procedures and procedures ahead of the Enlarged Board of Appeal in PDF or DOCX structure.

Article 6User guides

The filing of papers must adhere to the formal and technical needs specified when you look at the individual guides on Online Filing 2.0 and DOCX filing, which is distributed around the individuals into the on line Filing 2.0 pilot task.

Article 7Existing types of filing documents aren’t impacted

The internet Filing 2.0 pilot task is without prejudice towards the current types of filing papers.

Complete at Munich, 21 2020 april

Christoph Ernst

Vice-President Legal and Overseas Affairs associated with European Patent Office (Directorate-General 5)

1 look at necessitate individuals posted in the EPO web site: epo.org/applying/online-services/improving. Html.

2 Decision of this President associated with the European Patent Office dated 9 might 2018 in regards to the electronic filing of documents (OJ EPO 2018, A45).

3 See in specific your choice regarding the President for the Patent that is european Office 9 might 2018 in regards to the electronic filing of documents (OJ EPO 2018, A45) and also the notice through the European Patent Office dated 9 May 2018 regarding the electronic filing of documents (OJ EPO 2018, A46).

4 See this is of “DOCX” under Article 4 regarding the decision associated with the Vice-President Legal and Global Affairs for the patent that is european (Directorate-General 5) dated 21 April 2020 in regards to the conditions for taking part in the pilot task for on the web Filing 2.0 (OJ EPO 2020, A45).

5 papers in DOCX could be changed into XML before filing in the form of WIPO’s converter, which can be incorporated within the on line Filing 2.0 computer computer software.

6 Rule 30 EPC, Rule 13ter PCT, your decision associated with President associated with the Patent that is european Office 28 April 2011 in the filing of sequence listings (OJ EPO 2011, 372) plus the notice from the European Patent Office dated 18 October 2013 regarding the filing of series listings (OJ EPO 2013, 542).