EPO
December 04, 2017
The EPO published the last revised version of its Guidelines for Examination of Patent applications. This version came into effect on November 1st. Among the different changes, we believe the following are worth mentioning:
- Summons to Oral Proceedings: Former practice required that the applicant be given the opportunity to respond to at least one examination report prior to being summoned to Oral Proceedings. Based on the current version of the Guidelines, if the examiner considers that the Search Opinion does not place the application in order for acceptance, the Examiner Division can summon the applicant to Oral Proceedings even if the applicant has not received yet an examination report. The Guidelines indicate however, that this can occur only in exceptional circumstances, requiring that certain conditions be met.
- Refund of fees: The revised Guidelines also confirm that if an application is withdrawn before the examination begins the fees paid are fully refunded. Also, if the application is withdrawn before the expiration of the term to reply the first substantive communication, 50% of the fees paid will be refunded.
- Products of essentially biological processes: Finally, the Guidelines amend Rules 27 and 28, setting out that plants and animals exclusively obtained by essentially biological processes are excluded from patentability under article 53(b) of the European Patent Convention.