Monday, July 30, 2012

Applicants Must Consent to Release PTO Search Results of Unpublished Applications to the EPO

The European Patent Office (EPO) requires search results from a priority application be filed with the EPO if the European application that claims priority was filed on or after January 1, 2011. See Amended Rule 141(1) EPC.

Last year the USPTO and EPO agreed the USPTO would deliver its search results to the EPO at no charge to applicants. For details see Electronic Delivery of Search Results From the United States Patent and Trademark Office to the European Patent Office, 76 FR 82279 (December 30, 2011).

Tonight the USPTO reminds applicants must consent to release search results of an unpublished US patent application to avoid delivery charges.  

The USPTO recommends filing Certification and Authorization form PTO/SB/69 for each priority application prior to filing the European application to ensure the search results of unpublished application reach the EPO without delay. Applicants using EFS-Web should select "PTO/SB/69 - Authorize EPO Access to Search Results" under General Transmittal.

Copyright © 2012 Robert Moll. All rights reserved.