While it may be premature to speak about trends in applicant behaviour six months after the entry into force of the EPC 2000, some initial figures are available which show how use has been made of some of its new features. These figures are based on statistical data up to week 23/2008, at which point the number of EP applications filed since 13 December 2007 amounted to 27 923.

Late filing of claims

The late filing of claims is allowed under the EPC 2000, since claims are no longer a requirement for obtaining a date of filing (Rule 40(1)(c) EPC). Only a very small percentage of applications have been affected by this. At this stage, however, it has not been possible to obtain reliable figures about the total number of applications without claims present on the date of filing due to natural delays between the receipt of applications and the completion of data entry and formal checks.

Reference filing

Reference filing allows applicants to replace the description and any drawings by a reference to a previously filed application (Rules 40(1)(c), (2) EPC). A divisional application may also be filed by reference to the earlier application from which it derives (the parent application). 

Priority claims made after the date of filing

Priority claims made after the date of filing, i.e. within sixteen months of the earliest priority date being claimed, are allowed under Rule 52(2) EPC. Ten applications have been found where the priority declaration was made after the date of filing (although this was done well in time so as not to delay the further procedure).

Limitation or revocation procedure

According to the central limitation or revocation procedure (Articles 105a to 105c and Rules 90 to 96 EPC), patent proprietors can request the limitation of either a granted European patent, or a European patent as amended in opposition or previous limitation proceedings. The number of requests received up to week 23/2008 is shown in the chart below.

By week 23/2008, there had been thirteen requests for central revocation since the EPC 2000 entered into force, ten of which were a batch request from a major applicant.

Petition for review

The option to file a petition for review (Article 112a EPC 2000) gives any party adversely affected by a decision of a board of appeal the opportunity to have the case examined by the Enlarged Board of Appeal, provided that the petition is filed on the grounds laid down in Article 112a (2) EPC 2000 (e.g. because of a fundamental violation of the right to be heard). Two petitions for review have been filed since the EPC 2000 entered into force.

Impact of EPC 2000 on publications

In order to ensure that the necessary information is available to all parties, the new features of the granting procedure and the newly introduced procedures will be reflected in Register Plus and other EPO publications, in particular the European Patent Bulletin, and in new products such as the B3 publication.

The first publications of EPO applications and/or patents under the provisions of the EPC 2000 are expected in week 30. As a new item in the bibliographic data of A publications, the data of previously filed applications to which reference is made are to be published under INID code 27.

 (www.epo.org, 14 July 2008)

2013-07-17