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Friday, August 31, 2007

Germany Completes Ratification of EPC2000.

Today, Germany formally has completed the

ratification process concerning the

EPC2000. In the German Official Gazette (Bundesgesetzblatt Jahrgang 2007 Teil II Nr. 25, dated August 31, 2007, pages 1082ff.) the

Ratification Act has been officially advertised. Also the

EPC2000 Implementation Regulation has been

published in the same issue of the Gazette.

According to the

EPO EPC2000 ratification status page, some EPC Member States still have not yet ratified EPC2000:

Cyprus
France
Italy
Luxemburg
Portugal
Sweden
Turkey

Under Article 8 of the Revision Act, the EPC 2000 shall enter into force

two years after the fifteenth Contracting States has deposited its instrument of ratification or accession, or
on the first day of the third month following the deposit of the instrument of ratification or accession by the Contracting State taking this step as the last of all Contracting States, if this takes place earlier.

On 13.12.2005, Greece became the fifteenth state to deposit its instrument of ratification. The EPC 2000 will therefore enter into force on December 13, 2007 at the latest. According to Article 172(4) EPC, a Contracting State that has not ratified or acceded to the EPC 2000 at the time of its entry into force shall cease to be party to the EPC as from that time.

The EPO has published draft

Guidelines for Examination describing the procedures of the EPO's first instances under the EPC 2000 (Status March 2007). Attention is drawn by EPO to the fact that some changes will still be made to the present draft, in particular with regard to references to publications in the Official Journal such as decisions of the President, or any errors which might be detected in the upcoming months while the translations are being prepared. After entry into force of EPC2000, there will be only one final official version of the EPC2000 Guidelines.

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