Notice from the European Patent Office dated 2 July 2024 concerning a change of practice in access to patent literature documents cited in search and examination proceedings.
As a further step towards digitalisation and environmental sustainability, the European Patent Office (EPO) has decided to stop sending paper copies of cited patent literature in search and examination proceedings. Instead, applicants and their representatives will be requested to use Espacenet to access digital copies of these documents. Non-patent literature as well as translations of cited patent literature will still be sent on paper.
This new practice will apply to patent documents cited in (supplementary) European search reports, (supplementary) international search reports, international preliminary examination reports and in communications from examining divisions (communications under Article 94(3), Rule 71(3) and Rule 164(2)(b) EPC). During the international phase, in line with the PCT legal framework, applicants will still be able to request paper copies of the cited patent documents.
The change of practice will apply to European and international search reports, international preliminary examination reports and communications from examination divisions sent as of 1 October 2024.
For our clients, this change of practice by the EPO will have no implications because Lavoix has been receiving all communications from the EPO in electronic form only for years.
This article is for information purposes only and does not constitute a legal advice.