OJ EPO 2010, 328 - Decision of the President of the European Patent Office dated 26 March 2010 concerning the furnishing of sequence listings to the European Patent Office acting as international authority under the PCT

The President of the European Patent Office (EPO), having regard to Article 10(2) EPC, Rules 2, 30(1) and 163(3) EPC, and Rule 13ter PCT, has decided as follows:

Article 1 Revision of previous decision

Articles 4 and 5 of the decision of the President of the European Patent Office dated 12 July 2007 concerning the filing of sequence listings (Special edition No. 3 to OJ EPO 2007, C.1.) shall be replaced by the following text:

"Article 4 Furnishing of sequence listings to the EPO acting as international authority under the PCT

(1) If a sequence listing in electronic form complying with Annex C to the Adminis- trative Instructions under the PCT is either contained in the international application in accordance with Rule 5.2(a) PCT, furnished to it under Rule 13ter.1(a) PCT or otherwise made available to it, the European Patent Office as International Searching Authority, Supplementary International Searching Authority or International Preliminary Examining Authority shall not invite the applicant to furnish to it such sequence listing on paper.

(2) If a sequence listing in electronic form complying with Annex C to the Adminis- trative Instructions under the PCT is not available to the European Patent Office as International Searching Authority, Supplementary International Searching Authority or International Preliminary Examining Authority, the applicant will be invited to furnish such sequence listing to it under Rule 13ter.1(a) PCT, and to pay the late furnishing fee under Rule 13ter.1(c) PCT, within a non- extendable time limit of one month from the date of the invitation.

Article 5 Filing of sequence listings with the EPO as designated Office or elected Office

Where an applicant is invited to file a sequence listing in accordance with Rule 163(3) EPC, Article 1(1), (3) and (4) and Articles 2 and 3 shall apply mutatis mutandis."

Article 2 Provisions and decision superseded

When this decision enters into force, Articles 4 and 5 of, and the Annex to, the decision of the President of the European Patent Office dated 12 July 2007 concerning the filing of sequence listings, and the decision of the President of the European Patent Office dated 26 January 2005 concerning the late furnishing fee under Rule 13ter PCT (OJ EPO 2005, 225), shall cease to have effect.

Article 3 Entry into force

The present decision shall enter into force on 1 July 2010.

Done at Munich, 26 March 2010

Alison BRIMELOW President

References: r_5_pct; r_13ter_pct;

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