http://www.wipo.int/pct/en/newslett/2017/article_0002.html
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Validation of European Patents in Tunisia

A new agreement between the European Patent Organisation and the government of Tunisia will enter into force on 1 December 2017.  From that date, it will be possible to validate European patents and European patent applications (including PCT applications containing a designation for a European patent) in Tunisia, even though it is not an EPO member State.  European patents and European patent applications validated in Tunisia will confer the same rights and legal effects as national applications and patents in Tunisia.

A validation in Tunisia of a European patent granted on the basis of a PCT application will occur at the applicant’s request.  A validation will, however, be deemed to have been requested for any international application filed on or after 1 December 2017.  Note that it will not be available for PCT applications filed prior to that date, nor for any European patents resulting from such applications.

In order to validate a Euro‑PCT application for Tunisia, a validation fee of EUR 180 must be paid to the EPO within the time limit for performing the acts required for entry of an international application into the European regional phase, or within six months of the date of publication of the international search report, whichever is later.  After the expiration of that time limit, the validation fee can still be paid, together with a 50% surcharge:

  • within a two month grace period; or
  • along with the further processing concerning the designation fee: within two months of notification of a communication of loss of rights under EPC Rule 112(1) following non‑payment of the designation fee.

A reference to Tunisia as a validation state will be included in the form for entry into the European phase (EPO as designated or elected Office) (Form EPA/EPO/OEB 1200). The updated version of the form will be available on the EPO website as of 1 December 2017, and will also be published as an annex to the EP National Chapter of the PCT Applicant’s Guide.

With the entry into force of this validation agreement, the third to enter into force following similar agreements with Morocco and the Republic of Moldova, it will be possible to obtain, simultaneously with a single European Patent application, patent protection in up to 43 countries.

For further information, please see:

http://www.epo.org/news-issues/news/2017/20171004.html

http://www.epo.org/law-practice/legal-texts/official-journal/2017/10/a84.html

http://www.epo.org/law-practice/legal-texts/official-journal/2017/10/a85.html

 
 
 
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