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    Convention on the Grant of European Patents
    Convention on the Grant of European Patents
    Convention on the Grant of European Patents
    Ebook93 pages1 hour

    Convention on the Grant of European Patents

    By European Patent Organisation

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    About this ebook

    The European Patent Convention (EPC) is a multilateral treaty instituting the European Patent Organisation and providing an autonomous legal system according to which European patents are granted. A European patent is not a unitary right, but a group of essentially independent nationally enforceable, nationally revocable patents.
    LanguageEnglish
    PublisherDigiCat
    Release dateAug 10, 2022
    ISBN8596547158790
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      Book preview

      Convention on the Grant of European Patents - European Patent Organisation

      European Patent Organisation

      Convention on the Grant of European Patents

      EAN 8596547158790

      DigiCat, 2022

      Contact: [email protected]

      Table of Contents

      Chapter I - General provisions

      Chapter II - The European Patent Organisation

      Chapter III - The European Patent Office

      Chapter IV - The Administrative Council

      Chapter V - Financial provisions

      PART II - SUBSTANTIVE PATENT LAW

      Chapter I - Patentability

      Chapter II - Persons entitled to apply for and obtain a European patent – Mention of the inventor

      Chapter III - Effects of the European patent and the European patent application

      Chapter IV - The European patent application as an object of property

      PART III - THE EUROPEAN PATENT APPLICATION

      Chapter I - Filing and requirements of the European patent application

      Chapter II - Priority

      PART IV - PROCEDURE UP TO GRANT

      PART V - OPPOSITION AND LIMITATION PROCEDURE

      PART VI - APPEALS PROCEDURE

      PART VII - COMMON PROVISIONS

      Chapter I - Common provisions governing procedure

      Chapter II - Information to the public or to official authorities

      Chapter III - Representation

      PART VIII - IMPACT ON NATIONAL LAW

      Chapter I - Conversion into a national patent application

      Chapter II - Revocation and prior rights

      Chapter III - Miscellaneous effects

      PART IX - SPECIAL AGREEMENTS

      PART X - INTERNATIONAL APPLICATIONS UNDER THE PATENT COOPERATION TREATY – EURO-PCT APPLICATIONS

      PART XI - TRANSITIONAL PROVISIONS

      PART XII - FINAL PROVISIONS

      Chapter I - General provisions

      Table of Contents

      Article 1 - European law for the grant of patents

      A system of law, common to the Contracting States, for the grant of patents for invention is established by this Convention.[1]

      Article 2 - European patent

      (1) Patents granted under this Convention shall be called European patents.

      (2) The European patent shall, in each of the Contracting States for which it is granted, have the effect of and be subject to the same conditions as a national patent granted by that State, unless this Convention provides otherwise.

      Article 3 - Territorial effect

      The grant of a European patent may be requested for one or more of the Contracting States.

      Article 4 - European Patent Organisation[2]

      (1) A European Patent Organisation, hereinafter referred to as the Organisation, is established by this Convention. It shall have administrative and financial autonomy.

      (2) The organs of the Organisation shall be:

      (a) the European Patent Office;(b) the Administrative Council.

      (3) The task of the Organisation shall be to grant European patents. This shall be carried out by the European Patent Office supervised by the Administrative Council.

      Article 4a - Conference of ministers of the Contracting States[3]

      A conference of ministers of the Contracting States responsible for patent matters shall meet at least every five years to discuss issues pertaining to the Organisation and to the European patent system.

      Chapter II - The European Patent Organisation

      Table of Contents

      Article 5 - Legal status[4]

      (1) The Organisation shall have legal personality.

      (2) In each of the Contracting States, the Organisation shall enjoy the most extensive legal capacity accorded to legal persons under the national law of that State; it may in particular acquire or dispose of movable and immovable property and may be a party to legal proceedings.

      (3) The President of the European Patent Office shall represent the Organisation.

      Article 6 - Headquarters[4]

      (1) The Organisation shall have its headquarters in Munich.

      (2) The European Patent Office shall be located in Munich. It shall have a branch at The Hague.

      Article 7 - Sub-offices of the European Patent Office[4]

      By decision of the Administrative Council, sub-offices of the European Patent Office may be created, if need be, for the purpose of information and liaison, in the Contracting States and with intergovernmental organisations in the field of industrial property, subject to the approval of the Contracting State or organisation concerned.

      Article 8 - Privileges and immunities

      The Protocol on Privileges and Immunities annexed to this Convention shall define the conditions under which the Organisation, the members of the Administrative Council, the employees of the European Patent Office, and such other persons specified in that Protocol as take part in the work of the Organisation, shall enjoy, in each Contracting State, the privileges and immunities necessary for the performance of their duties.

      Article 9 - Liability

      (1) The contractual liability of the Organisation shall be governed by the law applicable to the contract in question.

      (2) The non-contractual liability of the Organisation in respect of any damage caused by it or by the employees of the European Patent Office in the performance of their duties shall be governed by the law of the Federal Republic of Germany. Where the damage is caused by the branch at The Hague or a sub-office or employees attached thereto, the law of the Contracting State in which such branch or sub-office is located shall apply.

      (3) The personal liability of the employees of the European Patent Office towards the Organisation shall be governed by their Service Regulations or conditions of employment.

      (4) The courts with jurisdiction to settle disputes under paragraphs 1 and 2 shall be:

      (a) for disputes under paragraph 1, the courts of the Federal Republic of Germany, unless the contract concluded between the parties designates a court of another State;(b) for disputes under paragraph 2, the courts of the Federal Republic of Germany, or of the State in which the branch or sub-office is located.

      Chapter III - The European Patent Office

      Table of Contents

      Article 10 - Management[5]

      (1) The European Patent Office shall be managed by the President, who shall be responsible for its activities to the Administrative Council.

      (2) To this end, the President shall have in particular the following functions and powers:

      (a) he shall take all necessary steps to ensure the functioning of the European Patent Office, including the adoption of internal administrative instructions and information to the public;(b) unless this Convention provides otherwise, he shall prescribe which acts are to be performed at the European Patent Office in Munich and its branch at The Hague respectively;(c) he may submit to the Administrative Council any proposal for amending this Convention, for general regulations, or for decisions which come within the competence of the Administrative Council;(d) he shall prepare and implement the budget and any amending or supplementary budget;(e) he shall submit a management report to the Administrative Council each year;(f) he shall exercise supervisory authority over the staff;(g) subject to Article 11, he shall appoint the employees and decide on

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