对于《欧洲专利公约实施细则》第141（1）和（2）条及第70b（1）和（2）条的规定 ，欧洲专利局在官方通告（OJ EPO 2021 A38）中声明“欧洲专利局应在欧洲专利申请的文件中包括《欧洲专利公约实施细则》第141（1）条规则中提及的检索结果副本，若首次申请在中国并以该申请为优先权申请欧洲专利的，可免除申请人提交前述检索结果副本的义务”。
European Applications claiming Chinese priority exempting from filing search results
As from 01 July 2021, following the decision of the EPO’s President António Campinos, all Applicants claiming the priority of a first filing made in the Peopleʹs Republic of China will be exempted from filing a copy of the search results under Rule 141(1) EPC.Applicants claiming a Chinese priority will now be exempted from filing a copy of the prior art search results
The OJ EPO 2021, A38 states that, with regards to Rules 141(1) and (2) and 70b(1) and (2) of the European Patent Convention, “the European Patent Office shall include in the file of a European patent application a copy of the search results referred to in Rule 141(1) EPC, thus exempting the applicant from filing said copy, where the priority of a first filing made in the Peopleʹs Republic of China is claimed”.
This decision will apply to all European patent applications claiming a Chinese priority for which an invitation under Rule 70b(1) EPC has not yet been dispatched.
This new important implementation will further simply the prosecutions of European Patent Applications for Chinese Applicant, leading also to a reduction of the prosecution costs.
For more information, please refer to the official EPO decision.分享到：