Article 64 38

Rights conferred by a European patent

Art. 2, 67, 68, 97

(1) A European patent shall, subject to the provisions of paragraph 2, confer on its proprietor from the date of publication of the mention of its grant, in each Contracting State in respect of which it is granted, the same rights as would be conferred by a national patent granted in that State.

(2) If the subject-matter of the European patent is a process, the protection conferred by the patent shall extend to the products directly obtained by such process.

(3) Any infringement of a European patent shall be dealt with by national law.

38 See decisions of the Enlarged Board of Appeal G 2/88, G 1/98 (Annex I).

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Art. 64 Art. 64

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