EUROPEAN PATENT ORGANISATION
ACT REVISING ARTICLE 63 OF THE CONVENTION ON THE GRANT OF EUROPEAN PATENTS (EUROPEAN PATENT CONVENTION) OF 5 OCTOBER 1973
THE CONTRACTING STATES TO THE EUROPEAN PATENT CONVENTION,
WISHING to continue to promote technical progress and economic growth in Europe,
DESIRING to take account of evolving legislation in certain Contracting States,
CONSIDERING that the time necessary for obtaining administrative authorisation for the marketing of certain products may substantially reduce the time available for exploiting European patents covering such products,
CONSIDERING furthermore that such products are the result of research, often being long and cost-intensive, which Contracting States wish to encourage,
CONSIDERING that it is therefore appropriate to make provision which will enable Contracting States to compensate for such reduction of available time,
HAVE AGREED AS FOLLOWS:
Article 63 of the European Patent Convention shall be amended to read as follows:
Term of the European patent
(1) The term of the European patent shall be 20 years as from the date of filing of the application.
(2) Nothing in the preceding paragraph shall limit the right of a Contracting State to extend the term of a European patent, or to grant corresponding protection which follows immediately on expiry of the term of the patent, under the same conditions as those applying to national patents:
(a) in order to take account of a state of war or similar emergency conditions affecting that State;
(b) if the subject-matter of the European patent is a product or a process of manufacturing a product or a use of a product which has to undergo an administrative authorisation procedure required by law before it can be put on the market in that State.
(3) Paragraph 2 shall apply mutatis mutandis to European patents granted jointly for a group of Contracting States in accordance with Article 142.
(4) A Contracting State which makes provision for extension of the term or corresponding protection under paragraph 2(b) may, in accordance with an agreement concluded with the Organisation, entrust to the European Patent Office tasks associated with implementation of the relevant provisions.
Signature - Ratification
(1) This Revision Act shall be open for signature by the Contracting States until 17 June 1992.
(2) This Revision Act shall be subject to ratification; instruments of ratification shall be deposited with the Government of the Federal Republic of Germany.
(1) This Revision Act shall be open until its entry into force to accession by:
(a) the Contracting States,
(b) the States which ratify the European Patent Convention or accede thereto.
(2) Instruments of accession shall be deposited with the Government of the Federal Republic of Germany.
Entry into Force
The revised text of Article 63 of the European Patent Convention shall enter into force either two years after the ninth Contracting State has deposited its instrument of ratification or accession or on the first day of the third month following the deposit of the instrument of ratification or accession by the last of all Contracting States to take this step, whichever is the earlier.
Transmission and Notifications
(1) The Government of the Federal Republic of Germany shall draw up certified true copies of this Revision Act and shall transmit them to the Governments of the States which have signed or acceded to the Act, of the other Contracting States and of those States able to accede to the European Patent Convention under Article 166, paragraph 1(a).
(2) The Government of the Federal Republic of Germany shall notify the Governments referred to in paragraph 1 concerning:
(a) the deposit of any instrument of ratification or accession;
(b) the date of entry into force of this Revision Act.
IN WITNESS WHEREOF, the Plenipotentiaries authorised thereto, having presented their Full Powers, found to be in good and due form, have signed this Revision Act.
Done at Munich this seventeenth day of December one thousand nine hundred and ninety-one in a single original in the English, French and German languages, the three texts being equally authentic. This original text shall be deposited in the archives of the Government of the Federal Republic of Germany.