EPO again competent to search and examine US biotech inventions; Still shy on business methods

The EPO has announced that it will resume searching and examining biotechnology and telecommunication inventions claimed by US inventors in international applications. Recall that, as of November 1, 2001, the EPO had refused to act in these capacities, citing workload issues.

For biotechnology inventions, the EPO will act as an International Search Authority (ISA) and an International Preliminary Examination Authority (IPEA) for PCT applications filed by US citizens on or after January 1, 2004. For telecommunication inventions, the EPO will act as an IPEA for PCT applications filed on or after July 1, 2004.

The limitation on EPO competence relating to business method inventions, also issued on November 1, 2001, will remain in effect for the remainder of the three year period originally set forth.

For a brief overview of the November 1, 2001 limitations, and their subsequent withdrawal, click here.

The practical effect of the EPO reversal is that US applicants can again request the EPO as the search authority for biotechnology inventions claimed in PCT inventions. Combined with a US search conducted by the USPTO in a corresponding US priority application, the EPO search provides an applicant with a fairly strong picture of the prior art.