Streamlined Allowance and Grant Procedure

The procedure affecting allowance and grant is generally governed by Rule 51 EPC. That rule is amended with effect from 2 July 2002.

Under the present version of the rule, the procedure is as shown in Figure 1. When the specification is in condition for allowance, a communication issues under Rule 51(4) EPC and a 4 month term is set in which the applicant must approve the allowed text and drawings, or file amendments, or perhaps, file arguments against amendments made by the Examiner. Once the applicant has approved a version of the text and drawings allowed by the Examining Division, a communication issues under Rule 51(6) EPC. This communication sets a 3 month term for paying the grant and printing fees and the filing of translations of the claims into the two official EPC languages that were not the language of the proceedings (and any other outstanding formalities such as translation of the priority application).

As of 2 July 2002, the previous two-stage procedure will be combined into a single stage, as illustrated in Figure 2.

Under the new procedure, once the Examining Division has decided on a form of the specification it is prepared to allow, it will issue a communication under Rule 51(4) EPC inviting the applicant to pay the grant and printing fees and file the translations of the claims in the two official languages that were not the language of the proceedings. There will no longer be a requirement to specifically approve the allowed text and drawings, as payment of the grant and printing fees and filing of the translations will be deemed an approval of the allowed specification.

There may be cases where the applicant does not wish to approve the allowed text, but instead wishes to file an amendment or correction. This might be the case if the Examining Division has allowed the application as filed (in which case the Rule 51(4) EPC communication is effectively the first examination report) or perhaps where new prior art has come to light. In any event, this possibility is covered by Rule 51(5) EPC, which provides that if the applicant wishes to file amendments in response to the Rule 51(4) EPC communication, this is permissible. In this case, the same deadline for filing the translations of the claims and the grant and printing fees applies, but if the amendment or correction is in the claims, the translations should be of the amended, or corrected, claims and not those that have been allowed. Payment of the fees and filing of the translations is deemed an approval of the amended or corrected specification and provided the Examining Division approves the amendments or corrections, the application will proceed to grant.

If the Examining Division does not approve the amendments or corrections submitted by the applicant, a period will be set in which to submit observations or any amendments considered necessary by the Examining Division. If amendments are filed and they are in the claims, translations of the amended claims must be filed.