Requirements for response to written opinion

New rules within the EPO

As of 1 April 2010, the European Patent Office (EPO) introduced requirements for applicants to respond to the written opinion from the EPO's search phase in connection with request for examination. This will be of most practical importance to regional phases of international applications in Europe due to a very short time limit.

Thus, from now on one must immediately after entry into regional phase of a PCT-application in Europe comment on and/or amend claims etc. in accordance with the international preliminary report on patentability (IPRP). This commentation must be made not later than 1 month after receipt of Communication under R. 161(1) EPC, i.e. typically a few months after entry into regional phase.

In case you have any questions about the new rule changes within the EPO, please do not hesitate to contact us