This 16th edition of the European Patent Convention (EPC) contains the revised texts of the Convention and its protocols which entered into force on 13 December 2007, and the Implementing Regulations as in force since 1 May 2016; also included is an amendment to those regulations which enters into force on 1 November 2016.
The following amendments to the Implementing Regulations are newly incorporated: Administrative Council decisions
- CA/D 15/13 of 16.10.2013 (OJ EPO 2013, 501) re Rules 36(1)
and Rule 135(2)
- CA/D 17/13 of 16.10.2013 (OJ EPO 2013, 503) re Rules 135(2)
- CA/D 16/13 of 13.12.2013 (OJ EPO 2014, A3
) re Rule 103
- CA/D 19/13 of 13.12.2013 (OJ EPO 2014, A4
) re Rule 6
- CA/D 6/14 of 15.10.2014 (OJ EPO 2015, A17
) re Rules 2(1)
, Rule 133(1)
and Rule 134,
- CA/D 9/15 of 14.10.2015 (OJ EPO 2015, A82
) re Rule 82(2)
- CA/D 10/15 of 14.10.2015 (OJ EPO 2015, A83
) re Rule 147(1)
The rules of procedure of the European Patent Office's boards of appeal and Enlarged Board of Appeal are included for the first time.
The text also includes an extract from the Revision Act of 29 November 2000 and the transitional provisions under the act's Article 7 REV
A concordance list showing the provisions which entered into force on 13 December 2007 and their counterparts in the text valid before that date is annexed. The index of G decisions has been retained, the keyword index updated.
When the revised Convention – or "EPC 2000" – entered into force, the text valid until that time ("EPC 1973") ceased to apply. The attribute "2000" is therefore omitted whenever the revised EPC is cited.
Sometimes, however, it will be necessary to distinguish between the two texts. In such cases, "EPC 1973" will mean
the Convention on the Grant of European Patents of 5 October 1973 as amended by the act revising Article 63 EPC of 17 December 1991 and by decisions of the Administrative Council of the European Patent Organisation of 21 December 1978, 13 December 1994, 20 Oc-tober 1995, 5 December 1996, 10 December 1998 and 27 October 2005
its Implementing Regulations as last amended by the Administrative Council on 9 December 2004.
These are the versions published in the 2006 (12th) edition of the European Patent Convention. In certain contexts, for example when the older Enlarged Board of Appeal decisions listed in Annex I are cited, there may be references to even earlier texts of the Convention and the Implementing Regulations.
Article 3(1) of the Revision Act
authorised the Administrative Council to publish a new EPC text on a proposal from the President of the European Patent Office. Accordingly, the Office drew up a new text of the EPC and its protocols on centralisation, on the interpretation of Article 69
EPC and on the staff complement, so as to align the wording of the English, French and German versions. The Council adopted this new text in its decision of 28 June 2001, whereupon it became an integral part of the Revision Act (Article 3(2) of the Revision Act
Under transitional provisions of EPC 2000, most of the revised provisions apply to patents already granted and applications still pending. However, there are exceptions. To help readers ascertain when a revised provision becomes applicable, extracts from the Revision Act have been included, together with the Council's decision of 28 June 2001 setting out the transitional arrangements under the act's Article 7 REV
Throughout the text of the Convention and its Implementing Regulations, references to relevant articles and rules (excluding those already quoted in the provision concerned) are given on the right-hand side. These do not claim to be exhaustive, however, and are not part of the official text but simply intended to facilitate its use.
June 2016 European Patent Office