EPO : a new Decision facilitates EP patent prosecution for applicants claiming priority in People’s Republic of China

Paris, 9 June 2021 – The EPO has recently issued a Decision, that will facilitate and streamline the prosecution of European patent applications (Paris Convention applications or Euro-PCT applications) for applicants who claim priority of a first filing made in the Peopleʹs Republic of China.

Indeed, this Decision exempts applicants claiming priority of a first filing made in the Peopleʹs Republic of China to file a copy of the results of any search carried out by CNIPA for the priority Chinese application.
 
As a reminder, the obligation to file such copy of an earlier search stems from Rules 141(1) and 70b(1) EPC.
 
This Decision shall enter into force on 1 July 2021 and shall apply to European patent applications in respect of which an invitation under Rule 70b(1) EPC has not yet been despatched by that date.

As always, please get in touch with your usual contact at Regimbeau if you need more information about this change of procedure.