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European Patent Convention (EPC 1973)

 
 
A revised version of the European Patent Convention entered into force on 13 December 2007. The provisions of the revised Convention apply unless the transitional provisions provide for the applicability of the EPC 1973.

Article 63 37

Term of the European patent

Art. 2, 167



(1) The term of the European patent shall be 20 years as from the date of filing of the application.


(2) Nothing in the preceding paragraph shall limit the right of a Contracting State to extend the term of a European patent, or to grant corresponding protection which follows immediately on expiry of the term of the patent, under the same conditions as those applying to national patents:


(a) in order to take account of a state of war or similar emergency conditions affecting that State;


(b) if the subject-matter of the European patent is a product or a process of manufacturing a product or a use of a product which has to undergo an administrative authorisation procedure required by law before it can be put on the market in that State.


(3) Paragraph 2 shall apply mutatis mutandis to European patents granted jointly for a group of Contracting States in accordance with Article 142.


(4) A Contracting State which makes provision for extension of the term or corresponding protection under paragraph 2(b) may, in accordance with an agreement concluded with the Organisation, entrust to the European Patent Office tasks associated with implementation of the relevant provisions.



37 Amended by act revising Article 63 EPC of 17.12.1991, which entered into force on 04.07.1997 (OJ EPO 1992, 1 ff).

Cross-reference list
Art. 63 Art. 63