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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 III The European patent application
Chapter I Filing and requirements of the European patent application
Article 75 Filing of a European patent application
Article 75[63]
Filing of a European patent application 
Art. 76, 120, 130, 153
R. 35, 41, 133, 134, 147
(1)
A European patent application may be filed: 
(a)[64]
with the European Patent Office, or 
(b)
if the law of a Contracting State so permits, and subject to Article 76, paragraph 1, with the central industrial property office or other competent authority of that State. Any application filed in this way shall have the same effect as if it had been filed on the same date with the European Patent Office.
(2)
Paragraph 1 shall not preclude the application of legislative or regulatory provisions which, in any Contracting State:
(a)
govern inventions which, owing to the nature of their subject‑matter, may not be communicated abroad without the prior authorisation of the competent authorities of that State, or 
(b)
prescribe that any application is to be filed initially with a national authority, or make direct filing with another authority subject to prior authorisation. 
 
[63] Amended by the Act revising the European Patent Convention of 29.11.2000.
[64] See decision of the President of the EPO, Special edition No. 3, OJ EPO 2007, A.1.
References
Art. 76, 120, 130, 153
R. 35, 41, 133, 134, 147