Rule 164 EPC results in unfair treatment of applicants of international applications after entry into the regional phase before the European Patent Office

Rule 164 EPC has a long history of amendments. The latest amendment (November 2014) still did not achieve an equal treatment of applicants of international applications for which the European Patent Office acted as International Searching Authority in the international phase as compared to applicants of international applications for which the EPO did not act as such. In this article, the situation is analysed and suggestions for improvement are formulated.