• The main concern in connection with the development of the European patent system is related to the workload situation at the EPO, due to a considerable increase of the filings of PCT applications, the proportion of which now reaches about 65% of all European patent applications. To illustrate the situation, 53,780 applications have been filed in the first 4 months of 2001 which amounts to an increase of 23% compared to the same period last year.
  
  
• On May 17, 2001, the EPO signed the PLT. It will come into force after ratification by ten States.
  
  
• As a follow-up to the revision of the EPC, the new text revised by the Administrative Council is now available on the EPO Website in the three official languages.
  
  The revised version of the Convention shall apply to all European patent applications filed after its entry into force, and to all European patents granted in respect of such applications.
  
  Special transitional arrangements are foreseen for applications and patents, pending or granted before the entry into force of the revised version. It is important to notice that the designation situation (Art. 54(4)) of the old version of the EPC will continue to apply to patents already granted and applications pending at that time.
  
  
• Regarding the Amendment to the EPC imple-menting rules :
  
  - under Rule 107 EPC, a uniform time limit of 31 months for entering the European stage of Euro-PCT application under PCT Chapter I and II has been accepted and shall enter into force on Jan. 2, 2002;
  
  - under Rule 108 EPC et al., a simplification of the procedure is intended for those applicants who do not wish to enter the European phase. A single communication will be sent informing the applicant that the application or the designation of individual contracting states is deemed to be withdrawn, coupled with a two months period of grace for regularisation. This shall enter into force on January 2, 2002.

• The period during which a divisional application can be filed should be extended until publication date of the grant decision.
  
  
• A proposal was made to shorten the period up to grant of a European patent by combination of communications under Articles 51(4) and 51(6) EPC.
  
  
• Another proposal was made to change the Office policy to avoid giving a signal to the competitors of the applicants having requested an accelerated prosecution by exclusion of PACE request from file inspection.
  
  
• Regarding the Streamlining of the Procedure before the EPO, a few proposals were made, such as:
  1. No adapting amendment to the description ;
  2. Identifying basis for amendments, in order to check the possible addition of subject-matter against 123(2) EPC;
  3. Fees for excessive number of pages
  4. Only allowing a limited number of auxiliary requests in each set of procedings;
  5. As a rule, allowing only one independent claim per category.
  
  
  
• Concerning PCT matters, and more particularly the international preliminary examination phase PCT Chapter II, the first Written Opinion and, in case there is no reply by the applicant, the International Preliminary Examination Report will become a by-product of the International Search Report.
  
  
• No substantive examination should be made on dependent claims.
  
  
• An amendment of the EPO-WIPO agreement is considered in order to allow the EPO to limit its ISA and IPEA competence, as far as some applications filed before Receiving Offices acting as a PCT Authority, mainly the USPTO, are concerned.
  
  
• A simplification of the non-unity procedure before the ISA and IPEA is suggested by transferring the settling of such non-unity disputes to the national phase.
  
  
• The elimination of the concept of designation in the PCT system is supported by the EPO.
  
  
• In the absence of substantive patent law harmonisation and adoption of effective quality control standards in the international authorities, the EPO considers any proposal of mutual recognition of search and examination as premature.
  
  
• Regarding the Community Patent, the European Commission sets out series of amendments to the EPC, necessary for implementing the proposed community patent regulation. The fundamental modification is certainly the Commission's proposed amendments of the protocol of centralisation. Such modifications of the EPC are considered to be carried out by July 1, 2002 to ensure that the revision process is not hindered by countries which will acceed to the EPC after that date. A new diplomatic conference should be set up in June 2002 in order to amend the EPC to accommodate the Community Patent.

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See also paper EXCO/GB01/CET/1408 in connection with this subject.