Travaux préparatoires

In the years preceding the Diplomatic Conference, extensive preparatory work took place within the European Patent Organisation (mainly in the Administrative Council and in the Committee on Patent Law), on the basis of more than 80 documents prepared by the EPO, national delegations and user groups. In addition, during the 10 days of the Diplomatic Conference in November 2000, around 50 documents were submitted for discussion.

All these documents - as well as the Minutes of the meetings of the Administrative Council and the Committee on Patent Law - form the travaux préparatoires to the EPC 2000.

While the Basic proposal for the revision of the EPC (MR/2/00) undoubtedly forms the most important reference document, users interested in studying the details of the travaux préparatoires may wish to consult the complete set of documents. For that purpose, the Basic proposal (MR/2/00) lists, in the Explanatory remarks accompanying each proposal for amendment of an article, all the relevant preparatory documents, thus enabling users to retrieve the legislative history of a particular provision.

The documents which form the travaux préparatoires to the EPC 2000 are grouped according to the body where they were discussed:

Administrative Council documents

Relevant to the EPC 2000 are 21 Administrative Council documents (references CA/D **/** and CA/**/**) as well as the minutes of 2 Administrative Council meetings (reference CA/PV **).

Administrative Council documents

  • CA/D 6/00 dated 7.9.2000
    Decision of the Administrative Council on the documents submitted to the Conference to revise the EPC

  • CA/D 2/00 dated 24.2.2000
    Decision of the Administrative Council convening a conference of the contracting states to revise the EPC

  • CA/125/00 dated 9.11.2000: Draft minutes of the 81st meeting of the Administrative Council, superseded by
    CA/PV 81 Minutes of the 81st meeting of the Administrative Council (Munich, 5 to 7 September 2000)

  • CA/124/00 dated 25.9.2000
    Summary of decisions taken at the 81st meeting of the Administrative Council (Munich, 5 to 7 September 2000)

  • CA/123/00 dated 24.8.2000
    Comments on CA/83/00 - Legal basis for future ministerial conferences

  • CA/118/00 dated 24.8.2000
    Discussion of the Basic Proposal at the 81st meeting of the Administrative Council: proposal from the Council Chairman

  • CA/108/00 dated 11.8.2000
    Status report on preparations for the Diplomatic Conference for the revision of the EPC (Munich, 20 to 29 November 2000)

  • CA/100/00 dated 9.8.2000
    This document contains the following drafts:
    (1) Basic Proposal for the revision of the EPC (Part I)
    (2) Revision Act (Part II)
    (3) Final Act of the Conference (Part III)
    (4) Decision on the preparatory documents to be submitted to the Revision Conference (Part IV).

  • CA/100/00 Add. 1 dated 14.8.2000
    This document contains the text of all revised and new EPC Articles according to the Basic Proposal, in the three official languages.

  • CA/100/00 Add. 2 dated 1.9.2000
    Revision of the EPC: Article 21(3)(a) EPC

  • CA/100/00 Add. 3 dated 6.10.2000
    This document shows the incidental amendments arising from the Basic Proposal which were not yet contained in CA/100/00, Part I. It supplements the Basic Proposal (MR/2/00) as approved by the Administrative Council.

  • CA/83/00 dated 27.6.2000
    Revision of the EPC: establishing a conference of the ministers of the contracting states responsible for intellectual property matters.

  • CA/74/00 dated 19.9.2000: Draft minutes of the 71st meeting of the Budget and Finance Committee, superseded by
    CA/F PV 71 Minutes of the 71st meeting of the Budget and Finance Committee (Munich, 2 to 4 May 2000) - relevant excerpts only.

  • CA/49/00 dated 24.2.2000
    Revision of the EPC - Chapter V (Financial provisions)

  • CA/26/00 dated 29.6.2000
    Preparations for the Revision Conference: draft Rules of Procedure of the Conference.

  • CA/26/00 Rev. 1 dated 6.9.2000
    Preparations for the Revision Conference: draft Rules of Procedure of the Conference

  • CA/6/00 dated 24.2.2000
    Protocol on the Staff Complement of the EPO at The Hague

  • CA/110/99 dated 7.12.1999
    This document shows a complete list of revision points which have arisen to date, proposals for further work and an outline timetable leading to a revision conference.

  • CA/109/99 dated 6.12.1999
    Revision of the EPC - Statement made by the President of the Hungarian Patent Office on behalf of the four "Visegrad countries"

  • CA/106/99 dated 7.12.1999
    Revision of the EPC: Article 11

  • CA/106/99 Add. 1 dated 26.1.2000
    Revision of the EPC: Article 11

  • CA/16/98 dated 18.2.1998
    This document contains a provisional, non-exhaustive list of items of an essentially legal or technical nature which should be considered in view of a future revision of the EPC.

  • CA/16/98 Add. 1 dated 12.8.1998
    Further points of an essentially legal or technical nature which should be considered in view of a future revision of the EPC.

  • CA/PV 81 Minutes of the 81st meeting of the Administrative Council (Munich, 5 to 7 September 2000)
    ECPV081.pdf

  • CA/PV 70 Minutes of the 70th meeting of the Administrative Council (Munich, 4 March 1998) - relevant excerpts only

Patent Law Committee documents

Relevant to the EPC 2000 are 50 documents discussed in the Committee on Patent Law (references CA/PL **/** and Info/* PL **) as well as the minutes of 9 meetings of the Committee on Patent Law (reference CA/PL PV **).

Patent Law Committee documents

  • CA/PL 25/00 dated 16.6.2000
    Basic proposal for the revision of the EPC
    Parts I and II of this document contain, respectively, the draft basic proposal for revision of the EPC and a draft Revision Act. Addendum I sets out, in consolidated form in the three EPO official languages, the proposed amendments to existing EPC provisions, the proposed new provisions and the amended or new Protocols to the Convention.

  • CA/PL 25/00 Rev. 1 dated 28.7.2000
    Basic proposal for the revision of the EPC
    This document contains the revised draft of the Basic Proposal for revision of the EPC, which takes into account the results of the discussions of the 14th meeting of the Committee on Patent Law from 3 to 6 July 2000. It was presented to the Administrative Council as document CA/100/00 for discussion during its meeting from 5 to 8 September 2000.

  • CA/PL 25/00 Add. 2 dated 5.7.2000
    Revision of the EPC: Article 69 and Protocol on its interpretation

  • CA/PL 24/00 dated 5.4.2000
    Revision of the EPC: New provision in Part IX

  • CA/PL 23/00 dated 20.3.2000
    Revision of the EPC: Articles 135 to 137, 140 and 141

  • CA/PL 22/00 dated 16.3.2000
    Revision of the EPC: Articles 133-134

  • CA/PL 21/00 dated 21.3.2000
    Revision of the EPC: Articles 150-158

  • CA/PL 20/00 dated 28.3.2000
    Revision of the EPC: Article 164

  • CA/PL 19/00 dated 7.3.2000
    Revision of the EPC: Article 138

  • CA/PL 18/00 dated 28.3.2000
    Revision of the EPC: Articles 115, 117, 119, 120, 123, 124, 127, 128 and 130

  • CA/PL 17/00 dated 27.3.2000
    Revision of the EPC: Article 22 and new Article 112a

  • CA/PL 16/00 dated 24.3.2000
    Revision of the EPC: Articles 106 - 111

  • CA/PL 15/00 dated 30.3.2000
    Revision of the EPC: Articles 99-105

  • CA/PL 14/00 dated 20.3.2000
    Revision of the EPC: Articles 92, 93 and 98

  • CA/PL 13/00 dated 13.3.2000
    Revision of the EPC: Article 79

  • CA/PL 12/00 dated 13.3.2000
    Revision of the EPC: Articles 61, 71, 72, 75 to 78 and 86

  • CA/PL 8/00 dated 13.3.2000: Revision of the EPC: Articles 51 and 126

  • CA/PL 7/00 dated 21.1.2000
    Revision of the EPC: Article 142 ss.

  • CA/PL 7/00 Add. 1 dated 29.3.2000: Revision of the EPC: Part IX, Articles 142 - 149

  • CA/PL 6/00 dated 27.1.2000
    Revision of the EPC: Articles 94, 95, 96 and 97

  • CA/PL 5/00 dated 26.1.2000
    Revision of the EPC: Articles 80, 90 and 91

  • CA/PL 4/00 dated 24.1.2000
    Revision of the EPC: Article 54(5)

  • CA/PL 3/00 dated 27.1.2000
    Revision of the EPC: Articles 33 and 35

  • CA/PL 3/00 Add. 1 dated 24.3.2000
    Revision of the EPC: Articles 33 and 35

  • CA/PL 3/00 Add. 2 dated 3.4.2000
    Revision of the EPC: Articles 33 and 35

  • CA/PL 2/00 dated 18.1.2000
    This document contains the provisions of the Basic Proposal for the WIPO Patent Law Treaty (PLT) as well as the EPO's preliminary comments thereon.

  • CA/PL 29/99 dated 8.11.1999
    Revision of the EPC: limitation procedure

  • CA/PL 29/99 Rev. 1 dated 9.3.2000
    Revision of the EPC: limitation procedure (Articles 105a-c, 68 EPC)

  • CA/PL 27/99 dated 5.11.1999
    Revision of the EPC: Articles 84, 100 and 138

  • CA/PL 26/99 dated 4.11.1999
    Revision of the EPC: Article 123

  • CA/PL 19/99 dated 10.6.1999
    Revision of the EPC: Articles 121 and 122

  • CA/PL 17/99 dated 14.6.1999
    Revision of the EPC: Article 54(4)

  • CA/PL 9/99 dated 11.2.1999
    Revision of the EPC: Article 87(5)

  • CA/PL 9/99 Rev. 1 dated 5.4.2000
    Revision of the EPC: Article 87(5) EPC

  • CA/PL 8/99 dated 23.2.1999
    Revision of the EPC: Article 53(a)

  • CA/PL 7/99 dated 2.3.1999
    Revision of the EPC: Articles 52(4) and 54(5)

  • CA/PL 6/99 dated 9.3.1999
    Revision of EPC: Article 52(1)-(3)

  • CA/PL 5/99 dated 1.2.1999
    Revision of the EPC - Article 23(3)

  • CA/PL 2/99 dated 26.1.1999
    Points for a revision of the EPC: Summary of comments by SACEPO members in response to document SACEPO 2/98 Rev. 1.

  • CA/PL 19/98 dated 23.10.1998
    Revision of the EPC: Article 129(1)

  • CA/PL 18/98 dated 16.10.1998
    Revision of the EPC: Articles 159-163 and 167

  • CA/PL 17/98 dated 6.10.1998
    Revision of the EPC: Article 88(1)

  • CA/PL 16/98 dated 5.10.1998
    Revision of the EPC: Article 87(1) and (5)

  • CA/PL 12/98 dated 15.4.1998
    Revision of the EPC: Articles 154(3) and 155(3)

  • CA/PL 11/98 dated 15.4.1998
    Revision of the EPC: Article 23(1)

  • CA/PL 10/98 dated 20.4.1998
    Revision of the EPC: Articles 16 and 17 EPC, Section I of the Protocol on Centralisation

  • CA/PL 2/98 dated 30.12.1997
    Revision of the EPC: BEST

  • CA/PL 3/97 dated 8.4.1997
    Implementation of the TRIPs Agreement

  • Info/2 PL 14 dated 26.6.2000
    Revision of the EPC: Articles 52(4), 54(5), 69 and Protocol, 84, 100 and 138 - Comments by epi

  • Info 2/PL 12 dated 1.2.2000
    Revision of the EPC: Articles 52(4) and 54(5) - Comments by epi

Minutes of the meetings of Patent Law Committee

  • CA/PL PV 14
    Minutes of the 14th meeting of the Committee on Patent Law (Munich, 3 to 6 July 2000)

  • CA/PL 31/00 dated 20.7.2000
    Summary of conclusions of the 14th meeting of the Committee on Patent Law (Munich, 3 to 6 July 2000)

  • CA/PL PV 13
    Minutes of the 13th meeting of the Committee on Patent Law (Munich, 3 to 6 April 2000)

  • CA/PL PV 12
    Minutes of the 12th meeting of the Committee on Patent Law (Munich, 1-2 February 2000)

  • CA/PL PV 11
    Minutes of the 11th meeting of the Committee on Patent Law (Munich, 18 November 1999)

  • CA/PL PV 10
    Minutes of the 10th meeting of the Committee on Patent Law (Munich, 8 July 1999)

  • CA/PL PV 9
    Minutes of the 9th meeting of the Committee on Patent Law (Munich, 16-17 March 1999)

  • CA/PL PV 8
    Minutes of the 8th meeting of the Committee on Patent Law (Munich, 3-4 November 1998)

  • CA/PL PV 7
    Minutes of the 7th meeting of the Committee on Patent Law (Munich, 12-13 May 1998)

  • CA/PL PV 6
    Minutes of the 6th meeting of the Committee on Patent Law (Munich, 27-28 January 1998)

  • CA/PL PV 6 Corr. 1
    Corrigendum to the Minutes of the 6th meeting of the Committee on Patent Law (Munich, 27-28 January 1998)

Budget and Finance Committee documents

Relevant to the EPC 2000 is one document of the Budget and Finance Committee (reference CA/F */**) and the minutes of the meeting of the Budget and Finance Committee (reference CA/F PV/**) where that document was discussed.

  • CA/F 3/00 dated 21.3.2000
    Revision of the EPC: Articles 37, 38, 42 and 50

  • CA/F PV 71
    Minutes of the 71st meeting of the Budget and Finance Committee (Munich, 2 to 4 May 2000) - relevant excerpts only

Diplomatic Conference documents

Documents submitted shortly before the Diplomatic Conference

In the days and hours before the start of the Diplomatic Conference, a few Contracting States and the EPO in its capacity of Secretariat to the Conference submitted proposals for changes to the Basic proposal for the revision of the EPC (MR/2/00) . Together with the Basic proposal, these proposals (reference MR/**/00) formed the basis for the deliberations of the Diplomatic Conference. To find out how the negotiations evolved during the Conference, it is necessary to consult the Conference proceedings (PDF 1,9 MB).

  • MR/6/00 dated 6.11.2000
    Incidental amendments arising from the Basic Proposal in MR/2/00 as approved by the Administrative Council (submitted by the Secretariat; adopted by the Conference)

  • MR/7/00 dated 15.11.2000
    Articles 33 and 35 EPC (submitted by the Italian delegation; led to MR/PLD 4/00 which was adopted by the Conference)

  • MR/8/00 dated 17.11.2000
    Articles 14 and 52 EPC, Protocol on the interpretation of Article 69 EPC, Articles 99, 112a and 138 EPC (submitted by the French delegation; proposals regarding Articles 14 and 52 EPC adopted by the Conference; proposals regarding Articles 99 and 138 EPC withdrawn; proposals regarding Articles 112a EPC and the Protocol on the interpretation of Article 69 EPC led to MR/21/00 and MR/PLD 6/00)

  • MR/9/00 dated 17.11.2000
    Article 54 EPC (submitted by the Hellenic delegation; rejected by the Conference)

  • MR/9/00 Corr. 1 dated 17.11.2000
    Article 54 EPC (submitted by the Hellenic delegation; rejected by the Conference)

  • MR/10/00 dated 20.11.2000
    Articles 21, 22, 33, 35, 68, 69 and Protocol on the interpretation of Article 69, Articles 105a - 105c and 112a EPC (submitted by the Swedish delegation; rejected by the Conference)

  • MR/11/00 dated 20.11.2000
    Articles 121 and 122 EPC (submitted by the Swedish delegation; rejected by the Conference)

  • MR/12/00 dated 17.11.2000
    Article 87(1) and (5) EPC (submitted by the Irish delegation; proposal to Article 87(1) EPC adopted by the Conference; proposal to Article 87(5) EPC rejected)

Documents submitted during the Diplomatic Conference

As the negotiations evolved during the Conference, additional proposals (references MR/**/00 and MR/PLD **/00) were tabled.
In order to find out what happened to a particular proposal, it is necessary to consult the Conference proceedings (PDF 1,9 MB).

  • MR/13/00 dated 20.11.2000
    Protocol on the interpretation of Article 69 EPC (submitted by the United Kingdom delegation; led to MR/PLD 6/00 which was adopted by the Conference)

  • MR/14/00 dated 20.11.2000
    Article 37 EPC (submitted by the German delegation; rejected by the Conference)

  • MR/15/00 dated 20.11.2000
    Articles 52(2)(c) and 105a to c EPC (submitted by the Danish delegation; proposal regarding Article 105a to c EPC was rejected; proposal regarding Article 52(2)c) EPC was adopted by the Conference as per MR/8/00)

  • MR/16/00 dated 20.11.2000
    Article 52(2)c) EPC (submitted by the German delegation; adopted by the Conference as per MR/8/00)

  • MR/17/00 dated 21.11.2000
    Protocol on the Interpretation of Article 69 EPC (submitted by the German delegation; led to MR/PLD 6/00 which was adopted by the Conference)

  • MR/18/00 dated 21.11.2000
    Article 54(4) and (5) EPC (submitted by the Swiss delegation; accepted by the Conference and included as Explanatory Remarks in MR/2/00)

  • MR/20/00 dated 22.11.2000
    Article 112a EPC (submitted by the French and German delegations; led to MR/21/00 which was adopted by the Conference)

  • MR/21/00 dated 23.11.2000
    Article 112a EPC (submitted by the French and German delegations and the Secretariat; adopted by the Conference)

  • MR/PLD 2/00 dated 21.11.2000
    Article 4 and Article 4a EPC (submitted by the Secretariat; adopted by the Conference)

  • MR/PLD 4/00 dated 22.11.2000
    Article 33 EPC (submitted by the Belgian, French and Italian delegations; adopted by the Conference)

  • MR/PLD 5/00 dated 23.11.2000
    Protocol on the staff complement of the EPO at The Hague (submitted by the Secretariat, German and The Netherlands delegations; adopted by the Conference)

  • MR/PLD 6/00 dated 23.11.2000
    Protocol on the Interpretation of Article 69 EPC (submitted by the French, German and United Kingdom delegations; adopted by the Conference)

Amendments proposed by the Drafting Committee

Starting late on Friday 24.11.2000 and lasting for most of the week-end, the Drafting Committee discussed a number of amendments to the EPC wording in the three official languages. Towards the end of the Conference, it submitted its report to the plenary.

  • MR/DCD 1/00 dated 27.11.2000
    Amendments proposed by the Drafting Committee (adopted by the Conference, with an amendment to the heading of Article 90 EPC and a consequential amendment to Article 16 EPC(in the French text only) and the deletion of the footnote to Article 54 EPC).

Final act of the Conference of the Contracting State to revise the EPC

At the end of the Conference, the representatives of the Contracting States signed a short Final act of the Conference in which they declare to have drawn up and adopted the text of

Preparatory documents to the Final Act

Preparatory documents to the Act revising the EPC (Revision Act)

  • MR/3/00 dated 30.10.2000
    Draft Revision Act

  • MR/PLD 3/00 dated 22.11.2000
    Revision Act: Article 6a Reservations (rejected by the Conference)

  • MR/PLD 7/00 dated 27.11.2000
    Revision Act: Article 3 New text of the Convention and Article 7 Entry into force (adopted by the Conference)

  • MR/PLD 11/00 dated 28.11.2000
    Revision Act: Articles 6 Provisional application and 7a Transitional provisions (adopted by the Conference)

  • MR/3/00 Rev. 1 dated 29.11.2000
    Draft Revision Act according to the Basic Proposal MR/2/00 as amended by documents MR/6/00, MR/8/00, MR/12/00, MR/21/00, MR/PLD 2/00, MR/PLD 4/00, MR/PLD 5/00, MR/PLD 6/00, MR/PLD 7/00 and MR/PLD 11/00, as well as document MR/DCD 1/00

Preparatory documents to the Diplomatic Conference Resolution

The Resolution unanimously adopted by the Contracting State signals to interested members of the public that the Diplomatic Conference did not mark the end of the reform process but that further major reforms are waiting to be dealt with (eg protection of computer programs, Protocol on the interpretation of Article 69 EPC, biotechnology, grace period, Community patent).

Several drafts were discussed by the Conference:

  • MR/PLD 12/00 dated 28.11.2000
    Draft Conference Resolution (submitted by the President of the Conference)

  • MR/PLD 10/00 dated 27.11.2000
    Draft Conference Resolution (submitted by the Secretariat)

  • MR/PLD 9/00 dated 27.11.2000
    Draft Conference Resolution (submitted by the German, Belgian, Danish, French and United Kingdom delegations)

Miscellaneous documents

Finally, a number of other documents relating to the Diplomatic Conference are of general interest:

  • MR/A/00 Rev. 1 dated 17.11.2000
    Revised draft agenda for the Diplomatic Conference to revise the EPC (adopted by the Conference on 20.11.2000)

  • MR/19/00 dated 22.11.2000
    Report of the Credentials Committee

  • MR/5/00 dated 17.11.2000
    Proposal for allocation of the posts of the Conference

  • MR/1/00 dated 11.10.2000
    Draft Rules of Procedure for the Conference for the revision of the EPC (adopted by the Conference on 20.11.2000)

  • Info 11/MR 2000 dated 21.11.2000
    Preliminary observation of FICPI on the Basic Proposal MR/2/00

  • Info 10/MR 2000 dated 21.11.2000
    UNION Position paper on the Revision of the EPC

  • Info 9/MR 2000 dated 20.11.2000
    Final comments by epi: Articles 52, 54, 69 and 101 EPC

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