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V. Authentic text of a European patent application

 
 

Authentic text of a European patent application or European patent (Article 70 EPC)

V.


In any proceedings before the European Patent Office and in any contracting state, the text of a European patent application or a European patent in the language of the proceedings is the authentic text.

Any contracting state may provide that a translation, as provided for in the Convention, in an official language of that state, shall in that state be regarded as authentic, except for revocation proceedings, in the event of the application or patent in the language of the translation conferring protection (Article 69 EPC) which is narrower than that conferred by it in the language of the proceedings.

Any contracting state which adopts a provision of this kind

(a) must allow the applicant for or proprietor of the patent to file a corrected translation of the European patent application or European patent

(b) may prescribe that any person who, in that state, in good faith is using or has made effective and serious preparations for using an invention the use of which would not constitute infringement of the application or patent in the original translation may, after the corrected translation takes effect, continue such use in the course of his business or for the needs thereof without payment (Article 70(4)(b) EPC).


The following table indicates which text of a European patent application or European patent is authentic in the event of translations pursuant to Articles 67(3) and 65(1) EPC being filed, and whether a state has made provision for use in good faith in the meantime as provided for in Article 70(4)(b) EPC.