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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).
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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)
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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)
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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withdrawn; proposals regarding Articles 112a EPC and the Protocol on the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)
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MR/9/00 dated 17.11.2000
Article 54 EPC
(submitted by the Hellenic delegation; rejected by the Conference)
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MR/9/00 Corr. 1 dated 17.11.2000
Article
54 EPC (submitted by the Hellenic delegation; rejected by the
Conference)
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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)
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MR/11/00 dated 20.11.2000
Articles 121 and
122 EPC (submitted by the Swedish delegation; rejected by the
Conference)
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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)
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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)
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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)
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MR/3/00 dated 30.10.2000
Draft Revision
Act
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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)
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MR/PLD 11/00 dated 28.11.2000
Revision
Act: Articles 6 Provisional application and 7a Transitional provisions (adopted
by the Conference)
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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)
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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
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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
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Info 10/MR 2000 dated 21.11.2000
UNION
Position paper on the Revision of the EPC
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Info 9/MR 2000 dated 20.11.2000
Final
comments by epi: Articles 52, 54, 69 and 101 EPC