Annoying EPO Practice: Form 1205A
Posted by Stephen M. Nipper at February 17, 2006 11:06 AM
Yesterday I received a phone call from a client who had just received a registered letter from the European Patent Office entitled "Noting of loss of rights pursuant to Rule 69(1) EPC." The letter went on to state that his "European patent application...is deemed to be withdrawn" for failing to pay the appropriate fees. He called me worried that I had somehow screwed up his application (the ONLY country he filed his PCT application in was Japan).
After not finding the answer using my Google-fu, I had my secretary call the EPO this morning. The answer she received on the phone: "this is a standard procedure of the European Patent Office. It is just to let the applicant know that they missed the deadline to file in Europe."
This whole thing annoyed me for a number of reasons: (1) it was sent by registered mail not to me but to my client; (2) it is misleading in that the client never had a European patent application; (3) I had to spend time which I didn't feel was billable to the client explaining to the client that the European Patent Office just does things like that; and (4) I'm not sure the purpose of the letter, other than reminding applicants that if they wanted to they could pay extension fees to still file (fishing????).
Is there a reason for any of this I don't understand? Please clue me in.
J. Matthew Buchanan 
Stephen M. Nipper 
Douglas Sorocco 
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Comments
EPA Says:
February 17, 2006 04:58 PM
- all EPO letters setting a deadline are sent registered. That way, you get the 10 days extra provided under Rule 78.
- if it was sent to the client but not to you then the EPO must have the client as the recorded address. Were you the agent in the PCT phase? If you were the agent then it's an EPO error -- they would normally go to the agent from the PCT phase.
- "it is misleading in that the client never had a European patent application". Yes they did -- a PCT application filed designating EP *is* a European patent application. See Article 150(3). It's just that you have to pay the fees in order to continue with it.
- sorry that you must have spent a whole unbillable 10 minutes dealing with a client due to your lack of knowledge of the EPO.
- "I'm not sure the purpose of the letter, other than reminding applicants that if they wanted to they could pay extension fees to still file". The purpose is to begin the late entry "grace period". If they never send the letter then that grace period never starts. You'd soon complain if the EPO just plain cut things dead at 31 months and didn't have any system for late entry.
Jacque Says:
February 19, 2006 06:55 PM
A useful comment, but quite snooty. An American patent attorney (who doesn't practice before the EPO) asks a legitimate question, and you attack him in your comment.