SONN Patentanwälte – IP Attorneys

EPO case law: approval of Druckexemplar not in every case irreversible

Rule 71(5) of the EPC Implementing Regulations, according to which the payment of the required fees and the filing of the required translations of the claims shall be deemed to constitute agreement with the Druckexemplar of the European patent, shall apply only if the version of the Druckexemplar in which the Examining Division intends to grant the European patent has actually been sent to the applicant (and not only a Druckexemplar which actually does not correspond to that version). In distinction to the decision G 1/10 of the Enlarged Board of Appeal (EPO BoA 15 November 2018, T 2081/16).