National Law relating to EPC, III.A Rights conferred by a European patent application, Tunisia
III.A Rights conferred by a European patent application
| Validation state | Tunisia |
|---|---|
1Provisional protection conferred by the European patent application after publication |
Yes Article 4(2) of the Annex to the Validation Agreement provides for provisional protection once a European patent application has been published, stipulating that "…a European patent application provisionally confers the same protection as that conferred by a national patent application that has been published …[…]" Article 36 of Law No. 2000-84 states that "the length of patent protection is twenty years from the date the application was filed". |
2Rights conferred |
Article 46 of Law No. 2000-84 states that: "The patent confers on the holder or beneficial owners the sole right of use. Third parties are prohibited from doing the following without the consent of the holder or beneficial owners of the patent: a) making, offering, commercially distributing, importing or holding for the aforementioned purposes the product which is the subject matter of the patent; b) using the manufacturing process which is the subject matter of the patent; c) offering, commercially distributing, importing or holding for the aforementioned purposes any product directly obtained by the process which is the subject matter of the patent." |
3Translation of the claims necessary? |
Yes. Translation into Arabic, English or French is required. See Art. 4(2) and 5(2) of the Annex to the Validation Agreement |
4When does the right referred to in section 1 arise if a translation referred to in section 3 is necessary? |
From the date on which a translation of the claims made in the European patent application is published in Arabic, English or French by INNORPI. Art. 4(2) Annex to the Validation Agreement |