Removal of need to supply search results

Under Rule 141 of the European Patent Convention, an applicant for a European patent is required to file a copy of the search results from any earlier related application. Sight of the earlier search results is intended to save on duplication of work and drive up quality of the European search.

In December 2010, the EPO published a notice on a new arrangement for transferring search results from national offices to the EPO. This will remove the burden of providing these results from patent applicants who file an application with, and have it searched by, the UK IPO before filing with the EPO.

The IPO already provides the EPO with the required citation data. By including the UK in the notice, the EPO removes the need for applicants to file a copy of the UK search reports; the copy instead being transferred electronically by the IPO to the EPO.

As of 1 January 2011 the EPO will include the search data transferred from the UK in their file of the European application. From this date applicants filing a European patent claiming priority from a UK application will be exempt from the obligation of filing a copy of the search report under Rule 141(1) EPC.

The decision also applies to priority applications filed with, and searched by, the JPO and USPTO.

The new arrangement enters into force on 1 January 2011, and will apply to European patent applications and international applications filed on or after that date.