Diplomatic Conference documents

Documents submitted shortly before the Diplomatic Conference

In the days and hours before the start of the Diplomatic Conference, a few Contracting States and the EPO in its capacity of Secretariat to the Conference submitted proposals for changes to the Basic proposal for the revision of the EPC (MR/2/00) . Together with the Basic proposal, these proposals (reference MR/**/00) formed the basis for the deliberations of the Diplomatic Conference. To find out how the negotiations evolved during the Conference, it is necessary to consult the Conference proceedings (PDF 1,9 MB).

  • MR/6/00 dated 6.11.2000
    Incidental amendments arising from the Basic Proposal in MR/2/00 as approved by the Administrative Council (submitted by the Secretariat; adopted by the Conference)

  • MR/7/00 dated 15.11.2000
    Articles 33 and 35 EPC (submitted by the Italian delegation; led to MR/PLD 4/00 which was adopted by the Conference)

  • MR/8/00 dated 17.11.2000
    Articles 14 and 52 EPC, Protocol on the interpretation of Article 69 EPC, Articles 99, 112a and 138 EPC (submitted by the French delegation; proposals regarding Articles 14 and 52 EPC adopted by the Conference; proposals regarding Articles 99 and 138 EPC withdrawn; proposals regarding Articles 112a EPC and the Protocol on the interpretation of Article 69 EPC led to MR/21/00 and MR/PLD 6/00)

  • MR/9/00 dated 17.11.2000
    Article 54 EPC (submitted by the Hellenic delegation; rejected by the Conference)

  • MR/9/00 Corr. 1 dated 17.11.2000
    Article 54 EPC (submitted by the Hellenic delegation; rejected by the Conference)

  • MR/10/00 dated 20.11.2000
    Articles 21, 22, 33, 35, 68, 69 and Protocol on the interpretation of Article 69, Articles 105a - 105c and 112a EPC (submitted by the Swedish delegation; rejected by the Conference)

  • MR/11/00 dated 20.11.2000
    Articles 121 and 122 EPC (submitted by the Swedish delegation; rejected by the Conference)

  • MR/12/00 dated 17.11.2000
    Article 87(1) and (5) EPC (submitted by the Irish delegation; proposal to Article 87(1) EPC adopted by the Conference; proposal to Article 87(5) EPC rejected)

Documents submitted during the Diplomatic Conference

As the negotiations evolved during the Conference, additional proposals (references MR/**/00 and MR/PLD **/00) were tabled.
In order to find out what happened to a particular proposal, it is necessary to consult the Conference proceedings (PDF 1,9 MB).

  • MR/13/00 dated 20.11.2000
    Protocol on the interpretation of Article 69 EPC (submitted by the United Kingdom delegation; led to MR/PLD 6/00 which was adopted by the Conference)

  • MR/14/00 dated 20.11.2000
    Article 37 EPC (submitted by the German delegation; rejected by the Conference)

  • MR/15/00 dated 20.11.2000
    Articles 52(2)(c) and 105a to c EPC (submitted by the Danish delegation; proposal regarding Article 105a to c EPC was rejected; proposal regarding Article 52(2)c) EPC was adopted by the Conference as per MR/8/00)

  • MR/16/00 dated 20.11.2000
    Article 52(2)c) EPC (submitted by the German delegation; adopted by the Conference as per MR/8/00)

  • MR/17/00 dated 21.11.2000
    Protocol on the Interpretation of Article 69 EPC (submitted by the German delegation; led to MR/PLD 6/00 which was adopted by the Conference)

  • MR/18/00 dated 21.11.2000
    Article 54(4) and (5) EPC (submitted by the Swiss delegation; accepted by the Conference and included as Explanatory Remarks in MR/2/00)

  • MR/20/00 dated 22.11.2000
    Article 112a EPC (submitted by the French and German delegations; led to MR/21/00 which was adopted by the Conference)

  • MR/21/00 dated 23.11.2000
    Article 112a EPC (submitted by the French and German delegations and the Secretariat; adopted by the Conference)

  • MR/PLD 2/00 dated 21.11.2000
    Article 4 and Article 4a EPC (submitted by the Secretariat; adopted by the Conference)

  • MR/PLD 4/00 dated 22.11.2000
    Article 33 EPC (submitted by the Belgian, French and Italian delegations; adopted by the Conference)

  • MR/PLD 5/00 dated 23.11.2000
    Protocol on the staff complement of the EPO at The Hague (submitted by the Secretariat, German and The Netherlands delegations; adopted by the Conference)

  • MR/PLD 6/00 dated 23.11.2000
    Protocol on the Interpretation of Article 69 EPC (submitted by the French, German and United Kingdom delegations; adopted by the Conference)

Amendments proposed by the Drafting Committee

Starting late on Friday 24.11.2000 and lasting for most of the week-end, the Drafting Committee discussed a number of amendments to the EPC wording in the three official languages. Towards the end of the Conference, it submitted its report to the plenary.

  • MR/DCD 1/00 dated 27.11.2000
    Amendments proposed by the Drafting Committee (adopted by the Conference, with an amendment to the heading of Article 90 EPC and a consequential amendment to Article 16 EPC(in the French text only) and the deletion of the footnote to Article 54 EPC).

Final act of the Conference of the Contracting State to revise the EPC

At the end of the Conference, the representatives of the Contracting States signed a short Final act of the Conference in which they declare to have drawn up and adopted the text of

Preparatory documents to the Final Act

Preparatory documents to the Act revising the EPC (Revision Act)

  • MR/3/00 dated 30.10.2000
    Draft Revision Act

  • MR/PLD 3/00 dated 22.11.2000
    Revision Act: Article 6a Reservations (rejected by the Conference)

  • MR/PLD 7/00 dated 27.11.2000
    Revision Act: Article 3 New text of the Convention and Article 7 Entry into force (adopted by the Conference)

  • MR/PLD 11/00 dated 28.11.2000
    Revision Act: Articles 6 Provisional application and 7a Transitional provisions (adopted by the Conference)

  • MR/3/00 Rev. 1 dated 29.11.2000
    Draft Revision Act according to the Basic Proposal MR/2/00 as amended by documents MR/6/00, MR/8/00, MR/12/00, MR/21/00, MR/PLD 2/00, MR/PLD 4/00, MR/PLD 5/00, MR/PLD 6/00, MR/PLD 7/00 and MR/PLD 11/00, as well as document MR/DCD 1/00

Preparatory documents to the Diplomatic Conference Resolution

The Resolution unanimously adopted by the Contracting State signals to interested members of the public that the Diplomatic Conference did not mark the end of the reform process but that further major reforms are waiting to be dealt with (eg protection of computer programs, Protocol on the interpretation of Article 69 EPC, biotechnology, grace period, Community patent).

Several drafts were discussed by the Conference:

  • MR/PLD 12/00 dated 28.11.2000
    Draft Conference Resolution (submitted by the President of the Conference)

  • MR/PLD 10/00 dated 27.11.2000
    Draft Conference Resolution (submitted by the Secretariat)

  • MR/PLD 9/00 dated 27.11.2000
    Draft Conference Resolution (submitted by the German, Belgian, Danish, French and United Kingdom delegations)

Miscellaneous documents

Finally, a number of other documents relating to the Diplomatic Conference are of general interest:

  • MR/A/00 Rev. 1 dated 17.11.2000
    Revised draft agenda for the Diplomatic Conference to revise the EPC (adopted by the Conference on 20.11.2000)

  • MR/19/00 dated 22.11.2000
    Report of the Credentials Committee

  • MR/5/00 dated 17.11.2000
    Proposal for allocation of the posts of the Conference

  • MR/1/00 dated 11.10.2000
    Draft Rules of Procedure for the Conference for the revision of the EPC (adopted by the Conference on 20.11.2000)

  • Info 11/MR 2000 dated 21.11.2000
    Preliminary observation of FICPI on the Basic Proposal MR/2/00

  • Info 10/MR 2000 dated 21.11.2000
    UNION Position paper on the Revision of the EPC

  • Info 9/MR 2000 dated 20.11.2000
    Final comments by epi: Articles 52, 54, 69 and 101 EPC

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