Hoffmann Eitle - München, London

Hoffmann · Eitle Newsletter 3/2010 - EPO requests prior art search results of priority applications

Author(s): Dr. Gregory Stepney, Dr. Klemens Stratmann

On January 1, 2011, new changes to the Implementing Regulations of the European Patent Convention (EPC) will take effect. Under these changes, an applicant claiming priority from a previous patent application must provide the EPO with a copy of the results of any prior art search conducted on the priority application. However, the EPO will automatically include in its file a copy of prior art search results for priority applications filed in Japan, the United Kingdom or the United States of America or where the search results were drawn up by the EPO itself.

In the Hoffmann · Eitle Newsletter 3/2010, we outline these changes to the Implementing Regulations and their implications.