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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 II Substantive patent law
Chapter II Persons entitled to apply for and obtain a European patent – Mention of the inventor
Article 60 Right to a European patent
Article 60[48], [49]
Right to a European patent 
Art. 61, 80, 89, 138
R. 40
(1)
The right to a European patent shall belong to the inventor or his successor in title. If the inventor is an employee, the right to a European patent shall be determined in accordance with the law of the State in which the employee is mainly employed; if the State in which the employee is mainly employed cannot be determined, the law to be applied shall be that of the State in which the employer has the place of business to which the employee is attached. 
(2)
If two or more persons have made an invention independently of each other, the right to a European patent therefor shall belong to the person whose European patent application has the earliest date of filing, provided that this first application has been published. 
(3)
In proceedings before the European Patent Office, the applicant shall be deemed to be entitled to exercise the right to a European patent. 
 
[48] Amended by the Act revising the European Patent Convention of 29.11.2000.
[49] See decisions/opinions of the Enlarged Board of Appeal G 3/92, G 2/98, G 1/03, G 2/03 (Annex I).
References
Art. 61, 80, 89, 138
R. 40