Albania Austria Belgium Bulgaria Switzerland Cyprus Czech Republic Denmark Germany Estonia Spain Finland France Greece Croatia Hungary Ireland Iceland Italy Liechtenstein Lithuania Luxembourg Latvia Malta Monaco Former Yugoslav Republic of Macedonia Netherlands Norway Poland Portugal Romania Serbia Sweden Slovenia Slovakia San Marino Turkey United Kingdom Republic of Moldova - Validation state Morocco - Validation state Albania - Former extension state Bosnia and Herzegovina - Extension state Croatia - Former extension state Former Yugoslav Republic of Macedonia - Former extension state Latvia - Former extension state Lithuania - Former extension state Montenegro - Extension state Romania - Former extension state Serbia - Former extension state Slovenia - Former extension state

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 provisions enacted for the purposes of Article 139(3) EPC or, for the extension and validation states, in connection with any related national law are shown in section 1 of the 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 with regard to the territorial field of application of the EPC allowed by its various contracting states or to that of the extension and validation states' related national legislation is shown in section 2 of the table.

(c) 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).

 

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