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EPO as PCT Searching and Examining Authority
15/12/2003
EPO as PCT Searching and Examining Authority
The EPO Notifies Users of Resumption for PCT Searching and Examination in
Various Technical Fields.
You will be aware that, due to the continuous increase in search and
examination workload under the PCT, the EPO had limited its competence as a PCT
authority.
With effect from 1 November 2001, the EPO no longer carried out:
- International search
for any international application filed on or
after 1 March 2002 by a national or resident of the United States of
America with the USPTO or the International Bureau as Receiving Office, for
applications containing one or more claims relating to biotechnology or
business methods, as
defined by the various International Patent Classification units.
- International preliminary examination
for any international
application filed by a national or resident of the United States of America
with the USPTO or the International Bureau as receiving Office, where the
corresponding demand is filed with the EPO on or after 1 March 2002 and
the application contains one or more claims relating to various
biotechnology or business methods or to the field of
telecommunications, as defined by the
various International Patent Classification units.
The duration of these limitations was initially fixed at three years.
The EPO has now notified the International Bureau of changes to these
limitations. These modifications are summarised below:
- The EPO will resume its competence as International Search Authority (ISA)
and International Preliminary Examination Authority (IPEA) for
international applications filed as from 1 January 2004 by nationals or
residents of the USA where the applications contain one or more claims
relating to the previously excluded classifications in the field of
biotechnology.
- The EPO will resume its competence as IPEA for international
applications filed on or after 1 July 2004 by nationals or residents of
the USA where the applications contain one or more claims relating to the
previously excluded classifications in the field of
telecommunications.
The limitations concerning the non-competence of the EPO in relation to
applications filed in the field of business methods remain in place for
the remainder of the three-year period.
For further details, please see the EPO website at:
www.european-patent-office.org/epo/president/e/2001_12_11_e.htm and pages 5-6 of the PCT Newsletter 12/2001 for the list of various
International Patent Classification units under "Biotechnology" and
"Telecommunication".
If you have questions please do not hesitate to contact Juliet Hibbert
(jhibbert@kstrode.co.uk) or Andrea Coles
(acoles@kstrode.co.uk) or your usual Kilburn & Strode
advisor.
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