Following the publication regarding the Triway Pilot Programme between the United States Patent and Trademark Office, the European Patent Office and the Japan Patent Office (published OJ EPO 2008, 442), the form for the participation in the Triway Pilot Programme EPA/EPO/OEB 1008 is published in OJ EPO 10/2008.

A request form (EPA/EPO/OEB 1008) is available from the EPO website at http://www.epo.org .

Notes on par ticipation in the Triway Pilot Programme between the USPTO, the EPO and the JPO

(EPA /EPO/OEB Form 1008)

Introduction

These notes explain how to complete EPA /EPO/ OEB Form 1008 (Par tic ipation in the Tr iway pilot programme between the USPTO, the EPO and the JPO). The form can be obtained from the EPO.

Filling in Form 1008

The sections of the form should be completed as follows: USPTO application number and ling date Enter the patent application number and the ling date assigned by the USPTO. Corresponding EP application number Enter the number of the corresponding Euro - pean patent application which should be pro - cessed under Tr iway. JPO application number and ling date Enter the patent application number and the ling date assigned by the JPO.

1. USPTO has granted the request for par tic ipation in the Tr iway pilot programme/spec ial status has been granted to the US application.

2. EP application is complete at the time of ling

Applicant must provide the O f ce with the c laims, the descr iption, any translations required and, where applicable, the drawings and a sequence listing conforming to the rules for the standardised representation of nuc leotide or amino ac id sequen- ces. In par ticular, prosecution under Tr iway will not be possible if use is made of the possibility of referr ing to an ear lier application (see Rule 40(1) (c) in conjunction with (2) EPC) or of subsequently ling par ts of the descr iption, or drawings under Rule 56 EPC, as well as where the c laims are led subsequently.

3. EP application is limited to a single invention

4. Upon receipt of the USPTO search repor t, a copy thereof will be promptly led in the corre - sponding EP application together with the table of correspondence of c laims and translated versions of foreign language c itations in one of the EPO of c ial languages

A completed c laims correspondence table shall indicate how the c laims of the European patent ap - plication which is requested to be processed under Tr iway correspond to the c laims determined to be patentable in the corresponding USPTO applica- tion. The c laims correspond suf c iently when they are of the same or similar scope.

Place: Enter the place of ling of Form 1008. Date Enter the date of ling of Form 1008. Name: Enter the name of the person entitled to sign. Signature: If the applicant is a legal person other than an individual, the form must be signed: either by a person entitled to sign under the law or the applicant s statute, ar tic les of as- soc iation or the like, with an indication of the capac ity of the person doing so (e.g. chairman, director, company secretary) (Ar t. 133(1) EPC), in which case no author isation need be led or by another employee of the applicant, pro - vided the lat ter s pr inc ipal place of business is in a contracting state (Ar t. 133(3), rst sentence, Rule 152(1) EPC), in which case an author isati - on must be led.

Online ling

Please note that online ling is currently not available for Tr iway requests. The EPO will notify applicants accordingly once the spec ially adapted version of the EPO Online Filing sof tware for the purpose of ling Tr iway requests is available.

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