Part VII – Implementing Regulations to Part VII of the Convention
Chapter VII – Information on prior art
(1) An applicant claiming priority within the meaning of Article 87 shall file a copy of the results of any search carried out by the authority with which the previous application was filed together with the European patent application, in the case of a Euro-PCT application on entry into the European phase, or without delay after such results have been made available to him.
(2)153 The copy referred to in paragraph 1 shall be deemed to be duly filed if it is available to the European Patent Office and to be included in the file of the European patent application under the conditions determined by the President of the European Patent Office.
(3) Without prejudice to paragraphs 1 and 2, the European Patent Office may invite the applicant to provide, within a period of two months, information on prior art within the meaning of Article 124, paragraph 1.
152Amended by decision of the Administrative Council CA/D 18/09 of 28.10.2009 (OJ EPO 2009, 585), which entered into force on 01.01.2011.
153See decision of the President of the EPO of 05.10.2010 on the filing of copies of search results under Rule 141(1) EPC – utilisation scheme (OJ EPO 2010, 600) and decisions of the President of the EPO exempting applicants claiming the priority of a first filing made in Austria, Japan, the United Kingdom, the United States of America, the Republic of Korea, Denmark, Spain, or Switzerland, the People's Republic of China or Sweden from filing a copy of the search results under Rule 141(1) EPC – utilisation scheme (OJ EPO 2011, 62; OJ EPO 2012, 540; OJ EPO 2013, 216; OJ EPO 2015, A2; OJ EPO 2016, A18; OJ EPO 2019, A55; OJ EPO 2021, A38 and OJ EPO 2021, A39). See notices from the EPO of 28.07.2010 (OJ EPO 2010, 410) and 04.06.2019 (OJ EPO 2019, A56) 14.05.2021 (OJ EPO 2021, A40).