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The European Patent Convention

 
 
Table of Contents - The European Patent Convention
Convention on the Grant of European Patents (European Patent Convention)
Part VIII Impact on national law
Chapter I Conversion into a national patent application
Article 135 Request for conversion
Article 135[150]
Request for conversion 
Art. 137, 140
R. 37, 112, 155, 156
(1)
The central industrial property office of a designated Contracting State shall, at the request of the applicant for or proprietor of a European patent, apply the procedure for the grant of a national patent in the following circumstances: 
(a)
where the European patent application is deemed to be withdrawn under Article 77, paragraph 3;
(b)
in such other cases as are provided for by the national law, in which the European patent application is refused or withdrawn or deemed to be withdrawn, or the European patent is revoked under this Convention. 
(2)
In the case referred to in paragraph 1(a), the request for conversion shall be filed with the central industrial property office with which the European patent application has been filed. That office shall, subject to the provisions governing national security, transmit the request directly to the central industrial property offices of the Contracting States specified therein.
(3)
In the cases referred to in paragraph 1(b), the request for conversion shall be submitted to the European Patent Office in accordance with the Implementing Regulations. It shall not be deemed to be filed until the conversion fee has been paid. The European Patent Office shall transmit the request to the central industrial property offices of the Contracting States specified therein.
(4)
The effect of the European patent application referred to in Article 66 shall lapse if the request for conversion is not submitted in due time.
 
[150] Amended by the Act revising the European Patent Convention of 29.11.2000.
References
Art. 137, 140
R. 37, 112, 155, 156
 
Cross-reference list
EPC EPC 1973
Art. 135(2), (4)Art. 136(2)