The following table sets out information on

(a) the enactment of national provisions on the question of double protection under Article 139(3) EPC

(b) the territorial field of application of the EPC, pursuant to Article 168(1) EPC

(a) Simultaneous protection

Under Article 139(3) EPC, any contracting state may prescribe whether and on what terms an invention disclosed in both a European patent application or patent and a national application or patent having the same date of filing or, where priority is claimed, the same date of priority, may be protected simultaneously by both applications or patents.

The individual provisions enacted in connection with Article 139(3) EPC are indicated in column 1 of this table.

(b) Territorial field of application

Under Article 168(1) any contracting state may declare in its instrument of ratification or accession, or may inform the Government of the Federal Republic of Germany by written notification any time thereafter, that the Convention shall be applicable to one or more of the territories for the external relations of which it is responsible. European patents granted for that contracting state also have effect in the territories for which such a declaration has taken effect.

The current situation regarding territorial field of application in the individual contracting states is displayed in column 2 of the table.

(c) Reservations

Contracting states' reservations indicated in earlier editions are no longer shown because reservations are no longer allowed under the European Patent Convention (Revision Act version of 29 November 2000 which entered into force on 13 December 2007).

Important note

Under Article 167(5) EPC 1973, reservations for European patents granted on European patent applications filed during the reservation period continue to run for the entire patent term. So they only affect European applications and patents with a filing date prior to 8 October 1987 (for Austria) and prior to 8 October 1992 (for Greece and/or Spain; cf. OJ EPO 1992, 301).

(d) Authorities having jurisdiction under Article 1(2) Protocol on Recognition

The following contracting states have notified the EPO of authorities which have a jurisdiction conferred to decide claims under Article 1(2) Protocol on Recognition:

Austria: Austrian Patent Office (Austrian "Patentblatt" 1993,154);

United Kingdom: The Comptroller General of Patents Designs and Trade Marks (Sections 12 and 82 Patents Act 1977).

Quick Navigation