| Cross-reference list | |
| EPC 2000 | EPC 1973 |
| Art. 4a | - |
| Art. 11(5) | Art. 160(2) |
| Art. 53(c) | Art. 52(4) |
| Art. 54(4) | Art. 54(5) |
| Art. 54(5) | - |
| Art. 90(3) | Art. 91(1), (2), (3) |
| Art. 90(4) | Art. 91(1), (2), (3) |
| Art. 90(5) | Art. 91(1), (2), (3). (5) |
| Art. 94(3) | Art. 96(2), (3) |
| Art. 94(3), (4) | Art. 96(2), (3) |
| Art. 99(3) | Art. 99(4), (5) |
| Art. 101(2) | Art. 102(1), (2) |
| Art. 101(3)(a) | Art. 102(3) |
| Art. 105a | Art. 105 (elmts) |
| Art. 105b | Art. 105 (elmts) |
| Art. 105c | Art. 105 (elmts) |
| Art. 112a | - |
| Art. 134(3), (4), (7) | Art. 163(1), (2), (3), (4), (6) |
| Art. 134a | Art. 134(8) |
| Art. 135(2), (4) | Art. 136(2) |
| Art. 149a | Art. 136(2) |
| Art. 152 | Art. 154, Art. 155 |
| Art. 153(1) | Art. 156 |
| Art. 153(3), (4), (5) | Art. 158 |
| Art. 153(6), (7) | Art. 157(1), (2), (3) |
|
Convention
on the Grant of European Patents
(European Patent Convention)
of 5 October 1973
as revised by the Act revising Article 63 EPC of 17 December 1991
and the Act revising the EPC of 29 November 20001
Table of contents
PART I
GENERAL AND INSTITUTIONAL PROVISIONS
Chapter I
General provisions
|
|
European law for the grant of patents |
|
|
European patent |
|
|
Territorial effect |
|
|
European Patent Organisation |
|
|
Conference of ministers of the Contracting States |
Chapter II
The European Patent Organisation
|
|
Legal status |
|
|
Headquarters |
|
|
Sub-offices of the European Patent Office |
|
|
Privileges and immunities |
|
|
Liability |
Chapter III
The European Patent Office
|
|
Management |
|
|
Appointment of senior employees |
|
|
Duties of office |
|
|
Disputes between the Organisation and the employees of the European Patent Office |
|
|
Languages of the European Patent Office, European patent applications and other documents |
|
|
Departments entrusted with the procedure |
|
|
Receiving Section |
|
|
Search Divisions |
|
|
Examining Divisions |
|
|
Opposition Divisions |
|
|
Legal Division |
|
|
Boards of Appeal |
|
|
Enlarged Board of Appeal |
|
|
Independence of the members of the Boards |
|
|
Exclusion and objection |
|
|
Technical opinion |
Chapter IV
The Administrative Council
|
|
Membership |
|
|
Chairmanship |
|
|
Board |
|
|
Meetings |
|
|
Attendance of observers |
|
|
Languages of the Administrative Council |
|
|
Staff, premises and equipment |
|
|
Competence of the Administrative Council in certain cases |
|
|
Voting rights |
|
|
Voting rules |
|
|
Weighting of votes |
Chapter V
Financial provisions
|
|
Budgetary funding |
|
|
The Organisation's own resources |
|
|
Payments by the Contracting States in respect of renewal fees for European patents |
|
|
Level of fees and payments - Special financial contributions |
|
|
Advances |
|
|
Budget |
|
|
Authorisation for expenditure |
|
|
Appropriations for unforeseeable expenditure |
|
|
Accounting period |
|
|
Preparation and adoption of the budget |
|
|
Provisional budget |
|
|
Budget implementation |
|
|
Auditing of accounts |
|
|
Financial Regulations |
|
|
Fees |
PART II
SUBSTANTIVE PATENT LAW
Chapter I
Patentability
|
|
Patentable inventions |
|
|
Exceptions to patentability |
|
|
Novelty |
|
|
Non-prejudicial disclosures |
|
|
Inventive step |
|
|
Industrial application |
Chapter II
Persons entitled to apply for and obtain a European patent - Mention of the inventor
|
|
Entitlement to file a European patent application |
|
|
Multiple applicants |
|
|
Right to a European patent |
|
|
European patent applications filed by non-entitled persons |
|
|
Right of the inventor to be mentioned |
Chapter III
Effects of the European patent and the European patent application
|
|
Term of the European patent |
|
|
Rights conferred by a European patent |
|
|
Translation of the European patent |
|
|
Equivalence of European filing with national filing |
|
|
Rights conferred by a European patent application after publication |
|
|
Effect of revocation or limitation of the European patent |
|
|
Extent of protection |
|
|
Authentic text of a European patent application or European patent |
Chapter IV
The European patent application as an object of property
|
|
Transfer and constitution of rights |
|
|
Assignment |
|
|
Contractual licensing |
|
|
Law applicable |
PART III
THE EUROPEAN PATENT APPLICATION
Chapter I
Filing and requirements of the European patent application
|
|
Filing of a European patent application |
|
|
European divisional applications |
|
|
Forwarding of European patent applications |
|
|
Requirements of a European patent application |
|
|
Designation of Contracting States |
|
|
Date of filing |
|
|
Designation of the inventor |
|
|
Unity of invention |
|
|
Disclosure of the invention |
|
|
Claims |
|
|
Abstract |
|
|
Renewal fees for the European patent application |
Chapter II
Priority
|
|
Priority right |
|
|
Claiming priority |
|
|
Effect of priority right |
PART IV
PROCEDURE UP TO GRANT
|
|
Examination on filing and examination as to formal requirements |
|
|
(deleted) |
|
|
Drawing up of the European search report |
|
|
Publication of the European patent application |
|
|
Examination of the European patent application |
|
|
(deleted) |
|
|
(deleted) |
|
|
Grant or refusal |
|
|
Publication of the specification of the European patent |
PART V
OPPOSITION AND LIMITATION PROCEDURE
|
|
Opposition |
|
|
Grounds for opposition |
|
|
Examination of the opposition - Revocation or maintenance of the European patent |
|
|
(deleted) |
|
|
Publication of a new specification of the European patent |
|
|
Costs |
|
|
Intervention of the assumed infringer |
|
|
Request for limitation or revocation |
|
|
Limitation or revocation of the European patent |
|
|
Publication of the amended specification of the European patent |
PART VI
APPEALS PROCEDURE
|
|
Decisions subject to appeal |
|
|
Persons entitled to appeal and to be parties to appeal proceedings |
|
|
Time limit and form |
|
|
Interlocutory revision |
|
|
Examination of appeals |
|
|
Decision in respect of appeals |
|
|
Decision or opinion of the Enlarged Board of Appeal |
|
|
Petition for review by the Enlarged Board of Appeal |
PART VII
COMMON PROVISIONS
Chapter I
Common provisions governing procedure
|
|
Right to be heard and basis of decisions |
|
|
Examination by the European Patent Office of its own motion |
|
|
Observations by third parties |
|
|
Oral proceedings |
|
|
Means and taking of evidence |
|
|
Unity of the European patent application or European patent |
|
|
Notification |
|
|
Time limits |
|
|
Further processing of the European patent application |
|
|
Re-establishment of rights |
|
|
Amendments |
|
|
Information on prior art |
|
|
Reference to general principles |
|
|
(deleted) |
Chapter II
Information to the public or to official authorities
|
|
European Patent Register |
|
|
Inspection of files |
|
|
Periodical publications |
|
|
Exchange of information |
|
|
Administrative and legal co-operation |
|
|
Exchange of publications |
Chapter III
Representation
|
|
General principles of representation |
|
|
Representation before the European Patent Office |
|
|
Institute of Professional Representatives before the European Patent Office |
PART VIII
IMPACT ON NATIONAL LAW
Chapter I
Conversion into a national patent application
|
|
Request for conversion |
|
|
(deleted) |
|
|
Formal requirements for conversion |
Chapter II
Revocation and prior rights
|
|
Revocation of European patents |
|
|
Prior rights and rights arising on the same date |
Chapter III
Miscellaneous effects
|
|
National utility models and utility certificates |
|
|
Renewal fees for European patents |
PART IX
SPECIAL AGREEMENTS
|
|
Unitary patents |
|
|
Special departments of the European Patent Office |
|
|
Representation before special departments |
|
|
Select committee of the Administrative Council |
|
|
Cover for expenditure for carrying out special tasks |
|
|
Payments in respect of renewal fees for unitary patents |
|
|
The European patent application as an object of property |
|
|
Joint designation |
|
|
Other agreements between the Contracting States |
PART X
INTERNATIONAL APPLICATIONS UNDER THE PATENT COOPERATION TREATY - EURO-PCT APPLICATIONS
|
|
Application of the Patent Cooperation Treaty |
|
|
The European Patent Office as a receiving Office |
|
|
The European Patent Office as an International Searching Authority or International Preliminary Examining Authority |
|
|
The European Patent Office as designated Office or elected Office |
|
|
(deleted) |
|
|
(deleted) |
|
|
(deleted) |
|
|
(deleted) |
|
|
(deleted) |
PART XI
TRANSITIONAL PROVISIONS
(deleted)
PART XII
FINAL PROVISIONS
|
|
Implementing Regulations and Protocols |
|
|
Signature - Ratification |
|
|
Accession |
|
|
(deleted) |
|
|
Territorial field of application |
|
|
Entry into force |
|
|
Initial contribution |
|
|
Duration of the Convention |
|
|
Revision |
|
|
Disputes between Contracting States |
|
|
Denunciation |
|
|
Preservation of acquired rights |
|
|
Financial rights and obligations of former Contracting States |
|
|
Languages of the Convention |
|
|
Transmission and notifications |