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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 64 38

Rights conferred by a European patent

Art. 2, 67, 68, 97



(1) A European patent shall, subject to the provisions of paragraph 2, confer on its proprietor from the date of publication of the mention of its grant, in each Contracting State in respect of which it is granted, the same rights as would be conferred by a national patent granted in that State.


(2) If the subject-matter of the European patent is a process, the protection conferred by the patent shall extend to the products directly obtained by such process.


(3) Any infringement of a European patent shall be dealt with by national law.



38 See decisions of the Enlarged Board of Appeal G 2/88, G 1/98 (Annex I).

Cross-reference list
Art. 64 Art. 64