Article 75

Filing of the European patent application

(1) A European patent application may be filed:

(a)46 at the European Patent Office at Munich or its branch at The Hague, or

(b) if the law of a Contracting State so permits, at the central industrial property office or other competent authority of that State. An application filed in this way shall have the same effect as if it had been filed on the same date at the European Patent Office.

(2) The provisions of paragraph 1 shall not preclude the application of legislative or regulatory provisions which, in any Contracting State:

(a) govern inventions which, owing to the nature of their subject-matter, may not be communicated abroad without the prior authorisation of the competent authorities of that State, or

(b) prescribe that each application is to be filed initially with a national authority or make direct filing with another authority subject to prior authorisation.

(3) No Contracting State may provide for or allow the filing of European divisional applications with an authority referred to in paragraph 1(b).

46 See decisions of the President of the EPO dated 10.05.1989 on the setting up of a filing office in the Berlin sub-office of the EPO (OJ EPO 1989, 218) and dated 18.03.1991 on the setting up of a filing office in the Munich building "PschorrHöfe" (OJ EPO 1991, 223).

Cross-reference list
Art. 75 Art. 75

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