European Patent Convention (partial excerpts)

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Release time:2016-08-04

Part II Substantive Patent Law

Chapter I Conditions for Granting Patent Rights

Article 52 Patentable inventions

(1) A European patent is granted for any new invention which is inventive and can be applied in industry. (2) In particular, the following shall not be considered as inventions within the scope of paragraph 1: a) the discovery of scientific theories and mathematical methods; B) aesthetic creations;

c) plans, rules and methods for performing intellectual acts, playing games or conducting business, and computer programs; d) provision of information.

(3) The provisions of paragraph 2 exclude patentable subject matter or activity only to the extent that the European patent application or European patent relates to the subject matter or activity described in that provision.

(4) Surgical or therapeutic methods for use on the human or animal body and diagnostic methods practiced on the human or animal body shall not be considered to be inventions capable of industrial application referred to in the first paragraph. This provision does not apply to products, especially substances or syntheses, used for the application of the above-mentioned methods.

 

Article 53 No European patent shall be granted for inventions which are not patentable:

a) The publication and exploitation of the invention is contrary to "public order" or morality, if the exploitation of the invention is not considered to be contrary to public order or morality solely because the exploitation is prohibited by the laws or regulations of certain Contracting States;

B) Plant or animal varieties or essentially biological methods for the production of animals and plants. This provision does not apply to microbiological methods and products obtained by such methods.

Article 54 Novelty

(1) Inventions that are not part of the prior art shall be considered new inventions.

(2) The prior art shall be deemed to include what is made available to the public before the filing date of the European patent, by way of written or oral description, by use or by any other means.

(3) In addition, the contents of a European patent application already filed, if the date of filing is before the filing date mentioned in paragraph 2, and the application is published on or after that date in accordance with Article 93, shall also be deemed to be included in the prior art. (4) The provisions of paragraph 3 apply only if the Contracting State designated by the latter application is also the designated State of the published earlier application.

(5) The provisions of paragraphs 1 to 4 shall not exclude the possibility of patenting a substance or composition included in the prior art for use in a method referred to in paragraph 2 of Article 52, provided that the use of that substance or composition in any of the methods referred to in that paragraph is not included in the prior art.

Article 55 Unprejudicial publicity

(1) In the application of Article 54, the disclosure of an invention shall not be taken into account if it is not earlier than six months before the European patent application and is the direct or indirect result of the following circumstances.

a) due to apparent abuse of the applicant or his legal predecessors;

B) because the applicant or his legal predecessors have exhibited his invention at an official or officially recognized international exhibition under the Convention on International Exhibitions signed in Paris on November 22, 1928 and finally amended on November 30, 1972.

(2) In the case of paragraph 1 B), the applicant shall apply only if he declares at the time of filing the European patent application that his invention has been so exhibited and within the period specified in the Regulations and in accordance with paragraph 1 of the submission of supporting documents.

Article 56 Creativity

If an invention is not obvious to those skilled in the art in view of the prior art, it should be considered an inventive invention. If the prior art also includes the documents referred to in article 54, paragraph 3, these documents shall not be taken into account in assessing whether there is an inventive step.

 

Article 57 Application in industry

Inventions that can be created or used in various industries, including agriculture, should be considered to have industrial application.

Chapter II. Person entitled to apply for and obtain a European patent-records of the inventor

Article 58 Right to file a European patent application

Any natural or legal person, as well as any body equivalent to a legal person under the applicable law, may file an application for a European patent.

Article 59 Majority of applicants

A European patent application may also be filed by two or more applicants from different Contracting States.

Article 60 Right to a European Patent

(1) The right to a European patent belongs to the inventor or his successors in title. If the inventor is an employee, the right to a European patent is determined by the law of the country in which the employee is mainly employed; if the country in which the employee is mainly employed cannot be determined, the applicable law shall be the law of the country in which the employer's enterprise is located in which the employee belongs.

(2) If two or more persons have made an invention unrelated to each other, the right to a European patent belongs to the person who filed the European patent application with the earliest filing date. However, this provision shall apply only if the first application has been published in accordance with article 93 and is valid only in respect of the Contracting State designated by the published application.

(3) In the proceedings of the European Patent Office, the applicant is deemed to be entitled to exercise the right to obtain a European patent.

 

Article 61 Application for a European patent by a person not entitled to European powers

(1) If a final decision confirms that a person referred to in Article 60, paragraph 1, other than the applicant, is entitled to a European patent and, subject to the fact that no European patent has been granted, that person may, within three months after the determination of the decision, specify in the European patent application, make or recognize the decision or in the Contracting State in which the decision is to be recognized under the Protocol on recognition annexed to this Convention: a) to continue the patent application procedure as its own application in place of the applicant; B) to file a new European patent application for the same invention; or c) to request that the application be rejected.

  

(2) The provisions of article 76, paragraph 1, shall apply to new applications submitted under paragraph 1.

(3) The procedures to be followed for the implementation of the provisions of paragraph 1, the special conditions applicable to new applications made under paragraph 1, and the periods for the payment of application fees, search fees and designation fees, are set out in the implementing regulations.

Article 62 Inventor's right to record

The inventor has the right to request the applicant or the owner of a European patent to be documented as an inventor in the European Patent Office.

Chapter III Effect of European Patents and European Patent Applications

Article 63 Duration of European Patent Rights

(1) The duration of the European patent right shall be twenty years from the date of application.

(2) Paragraph 1 does not restrict Contracting States under the same conditions as apply to their patents. In order to consider the state of war affecting the country

 

 

 

 

 

 

 

 

 

or a similar state of emergency, and the right to extend the term of the European patent right.

Article 64-Rights conferred by a European patent

(1) Subject to the provisions of paragraph 2, as from the date of publication of the grant of the patent, in each Contracting State in respect of which the patent was granted, a European patent confers on its owner the same rights as those conferred on a national patent of that State.

(2) If the subject of a European patent is a method, the protection granted by the patent shall extend to products directly obtained by the method. (3) Any infringement of a European patent shall be dealt with in accordance with national law.

Article 65 Translation of the specification of the European patent

(1) Any Contracting State may provide that when the European Patent Office intends to grant a European patent or maintain a modified European patent in force in that State, the applicant or proprietor of the patent shall furnish to the Central Industrial Property Office of that State a translation of the text in an official language of his choice, or if the country provides for the use of a language, submit a translation of the text in that language. Unless the State concerned provides for a longer period, the translation shall be submitted within a period of three months, calculated from the beginning of the period in article 97, paragraph 2 (B), or article 102, paragraph 3 (B).

(2) Any Contracting State which has made a provision in accordance with paragraph 1 may require the applicant or proprietor of a patent to pay all or part of the cost of publishing the translation within a period of time to be fixed by that State.

(3) Any Contracting State may provide that the European patent shall be deemed to be invalid AB initio in that State if a provision made in accordance with paragraphs 1 and 2 is not complied.

Article 66 Equality of European patent application and domestic application

If the European patent application is granted on the filing date, it is equal to the formal application in the designated country and may also claim priority for the European patent application where applicable.

Article 67 Rights conferred by a published European patent application

(1) As from the date of publication in accordance with Article 93, a European patent application in the Contracting State designated in which the application was published confers provisionally on the applicant the protection provided for in Article 64.

(2) Each Contracting State may provide that a European patent application does not confer the protection provided for in Article 64. However, the protection of a published European patent application shall not be less than the protection afforded by the relevant national law to the compulsory disclosure of an unexamined domestic patent application. In any case, each Contracting State shall at least ensure that, as from the date of publication of the European patent application, the applicant may claim reasonable compensation from any person using the invention of another State in which the person using the invention of another State is responsible for the infringement of the domestic patent in accordance with its domestic law.

(3) Any Contracting State which does not use the language used in the review proceedings as an official language may provide that only a translation of the claim in an official language of that State, at the option of the applicant, or in an official language of that State, may provide that only a translation of the claim in an official language of that State, at the option of the applicant, or a translation in one of the official languages prescribed by that State shall have effect only if:

a) the translation is available to the public in the manner prescribed by the laws of that country; or

B) The translation has been delivered to the person using the invention in that country.

(4) When the European patent application is withdrawn, or deemed to be withdrawn, or is conclusively rejected, the effect of the European patent application provided for in paragraphs 1 and 2 above is deemed to be non-existent from the beginning. Similarly, when the designation of a European patent application in a Contracting State is withdrawn or deemed to be withdrawn, the application is deemed to have no effect in that State from the outset.

 

Article 68 Effect of revocation of a European patent

The European patent application and the European patent granted on the basis of the application are deemed not to have effect from the outset as provided for in articles 64 and 67 to the extent that they are withdrawn in opposition proceedings.

 

Article 69 Scope of Protection

(1) The scope of protection granted by a European patent or European patent application depends on the content of the claim, but the description of the invention and the drawings shall be used to explain the right.

(2) During the period until the grant of a European patent, the scope of protection accorded by a European patent application is determined by the content of the last claim contained in the application published in accordance with the provisions of Article 96. However, the European patent granted or modified in the opposition procedure, if the scope of protection has not been extended, shall determine the protection granted by the European patent application retroactively.

Official text of the European patent application or specification of the European patent

(1) The text of the European patent application or the specification of the European patent in the language of the procedure shall be the official text in any procedure of the European Patent Office and of the Contracting States.

(2) However, in the case referred to in Article 14 (2), in the proceedings of the European Patent Office, the original text shall be the basis for determining whether the subject matter of the European patent application or European patent specification exceeds the content of the application filed.

basis.

(3) Any Contracting State may provide for translations into its official languages in accordance with the provisions of this Convention. Except that the patent specification or patent application written in the language of the translation of the avoidance action grants less protection than the patent specification or patent application written in the language of the procedure, it should be an official text in this country. (4) Any State Party applying the provisions of paragraph 3:

a) The applicant or proprietor of the patent must be granted an amended translation of the European patent application or the European patent certificate. The translation of the amendment shall have legal effect only if it meets the conditions set out by the State party in accordance with articles 65, paragraph 2, and 67, paragraph 3.

B) It may provide that any person who is using an invention in good faith in the country or has made preparations for the use of an invention that are considered effective, and the use does not constitute an infringement of the patent application or patent of the original translation, may continue to use the invention without compensation in his enterprise or for the needs of the enterprise after the entry into force of the amended translation.

Chapter 4 European patent applications as objects of property rights.

Article 71. Transfer and composition of rights

A European patent application may assign or create rights in one or more of the designated Contracting States.

Article 72 Assignment

The assignment of the European patent application shall be in writing and signed by both parties to the contract.

Article 73 Contractual licensing.

All or part of a European patent application may be the subject of a licence valid in all or part of the territory of a designated Contracting State.

 

Article 74 Applicable law

Except as otherwise provided in this Convention, a European patent application which is the subject of property rights shall be governed in each designated Contracting State by the law of that State on domestic patent applications and shall have effect in respect of that State.

PATENT PATENT APPLICATIONS FOR EUROPEAN PATENT

 

Chapter I. Filing and conditions of a European patent application

 

 

 

 

 

 

 

 

 

Article 75 Fusing of European Patent Application (1) A European patent application may be filed in the following manner:

a) to the European Patent Office in Munich or its Hague Branch; or

B) If the law of the Contracting State permits, to the Industrial Property Office of that State or other competent authority of that State.

(2) The provisions of paragraph 1 shall not prejudice the application of the provisions of the following laws or regulations of a Contracting State:

a) a provision that, because of the nature of the invention, it may not be transmitted to a foreign country without the prior approval of the competent authority of that country; or

B) The provision that each patent application shall first be filed with the national authority or, with prior approval, directly with another authority.

(3) No Contracting State shall require or permit a divisive application for a European patent to be filed with the authority referred to in paragraph 1 (B).

Article 76-European patent division

(1) A divisive application for a European patent must be filed directly with the European Patent Office in Munich or its Hague Branch.

The content of the application must not exceed the content of the original application. To the extent that this provision is complied with, the divisive application is deemed to have been made on the filing date of the initial application and to have the benefit of the right of priority.

(2) A divisive application for a European patent cannot designate a Contracting State which was not designated in the initial application.

(3) The procedures to be followed for the implementation of paragraph 1, the special conditions to be observed in the application for division and the time limit for the payment of the application fee, search fee and designation fee are all stipulated in the implementing regulations.

Article 77 Transmission of European patent applications

(1) The Central Industrial Property Office of a Contracting State shall transmit to the European Patent Office an application for a European patent filed with it or with other competent authorities of that State within the shortest period of time permitted by its national law for the protection of secrets of inventions in the national interest.

(2) Each Contracting State shall take all appropriate measures to ensure that European patent applications, the contents of which are manifestly not classified under the law referred to in paragraph 1, are transmitted to the European Patent Office within six weeks of the filing of the application.

(3) If the European patent application requires further examination of whether it should be kept confidential, it shall be set up within four months after the filing or, if the priority period is claimed, within fourteen months from the date of priority, it shall reach the European Patent Office.

(4) The subject matter of the European patent application shall be confidential and shall not be transmitted to the European Patent Office.

(5) The European patent application shall be deemed to have been withdrawn if it has not been sent to the European Patent Office within fourteen months after the filing of the European patent application or if it claims the right of priority within fourteen months from the date of priority. The application fee, search fee and designation fee are refunded.

Article 78 Requirements for European patent applications (1) A European patent application shall include the following: a) A request for the grant of a European patent; B) A description of the invention;

c) one or more claims; d) the drawings mentioned in the description or claims; e) the abstract.

(2) An application for a European patent shall be subject to the payment of an application fee and a search fee within one month of the filing of the application. (3) An application for a European patent shall comply with the conditions laid down in the Implementing Regulations.

Article 79 Designation of States Parties

(1) In the request for the grant of a European patent, the contracting state or states that require protection of the invention shall be specified. (2) A designation fee shall be payable for the designation of a Contracting State within twelve months of the filing of the European patent application or, in the case of a claim for priority, within twelve months of the date of priority. In the latter case, if the period provided for in article 78, paragraph 2, expires later, contributions may still be made until the expiration of that period.

 

 

 

 

 

 

 

 

 

(3) The designation of a Contracting State may be withdrawn at any time until the grant of a European patent. The withdrawal of the designation in all Contracting States shall be deemed to be the withdrawal of the European patent application. The designation fee is non-refundable.

Article 80 Date of application

The filing date of a European patent is the date on which the applicant submits the following documents: a) the indication of the application for a European patent; B) at least one Contracting State is designated;

c) Identification of the applicant;

d) A specification and one or more claims in one of the languages specified in Article 14, paragraphs 1 and 2, even if the requirements of the specification and the claims do not meet other requirements.

Article 81 Written by the inventor

The European patent application should identify the inventor. If the applicant is not the inventor or the sole inventor, the indication shall indicate the source of the right to obtain a European patent.