CONVENTION
ON THE GRANT OF EUROPEAN PATENTS
(EUROPEAN PATENT CONVENTION)
of 5 October 1973
text as amended by the act revising Article 63 EPC of 17 December 1991
and by decisions of the Administrative Council of the European Patent Organisation
of 21 December 1978, 13 December 1994, 20 October 1995,
5 December 1996, 10 December 1998 and 27 October 2005 and comprising the provisionally applicable provisions of the act revising the EPC of 29 November 2000
CONTENTS
PART I
GENERAL AND INSTITUTIONAL PROVISIONS
Chapter I
General provisions
|
European law for the grant of patents |
|
European patent |
|
Territorial effect |
|
European Patent Organisation |
Chapter II
The European Patent Organisation
|
Legal status |
|
Seat |
|
Sub-offices of the European Patent Office |
|
Privileges and immunities |
|
Liability |
Chapter III
The European Patent Office
|
Direction |
|
Appointment of senior employees |
|
Duties of office |
|
Disputes between the Organisation and the employees of the European Patent Office |
|
Languages of the European Patent Office |
|
The departments charged with the procedure |
|
Receiving Section |
|
Search Divisions |
|
Examining Divisions |
|
Opposition Divisions |
|
Legal Division |
|
Boards of Appeal |
|
Enlarged Board of Appeal |
|
Independence of the members of the Boards |
|
Exclusion and objection |
|
Technical opinion |
Chapter IV
The Administrative Council
|
Membership |
|
Chairmanship |
|
Board |
|
Meetings |
|
Attendance of observers |
|
Languages of the Administrative Council |
|
Staff, premises and equipment |
|
Competence of the Administrative Council in certain cases |
|
Voting rights |
|
Voting rules |
|
Weighting of votes |
Chapter V
Financial provisions
|
Cover for expenditure] |
|
Budgetary funding |
|
The Organisation's own resources |
|
Payments by the Contracting States in respect of renewal fees for European patents |
|
Level of fees and payments - Special financial contributions |
|
Advances |
|
Budget |
|
Authorisation for expenditure |
|
Appropriations for unforeseeable expenditure |
|
Accounting period |
|
Preparation and adoption of the budget |
|
Provisional budget |
|
Budget implementation |
|
Auditing of accounts |
|
Financial Regulations |
|
Rules relating to Fees |
PART II
SUBSTANTIVE PATENT LAW
Chapter I
Patentability
|
Patentable inventions |
|
Exceptions to patentability |
|
Novelty |
|
Non-prejudicial disclosures |
|
Inventive step |
|
Industrial application |
Chapter II
Persons entitled to apply for and obtain European patents - Mention of the inventor
|
Entitlement to file a European patent application |
|
Multiple applicants |
|
Right to a European patent |
|
European patent applications by persons not having the right to a European patent |
|
Right of the inventor to be mentioned |
Chapter III
Effects of the European patent and the European patent application
|
Term of the European patent |
|
Rights conferred by a European patent |
|
Translation of the specification of the European patent |
|
Equivalence of European filing with national filing |
|
Rights conferred by a European patent application after publication |
|
Effect of revocation of the European patent |
|
Extent of protection |
|
Authentic text of a European patent application or European patent |
Chapter IV
The European patent application as an object of property
|
Transfer and constitution of rights |
|
Assignment |
|
Contractual licensing |
|
Law applicable |
PART III
APPLICATION FOR EUROPEAN PATENTS
Chapter I
Filing and requirements of the European patent application
|
Filing of the European patent application |
|
European divisional applications |
|
Forwarding of European patent applications |
|
Requirements of the European patent application |
|
Designation of Contracting States |
|
Date of filing |
|
Designation of the inventor |
|
Unity of invention |
|
Disclosure of the invention |
|
The claims |
|
The abstract |
|
Renewal fees for European patent applications |
Chapter II
Priority
|
Priority right |
|
Claiming priority |
|
Effect of priority right |
PART IV
PROCEDURE UP TO GRANT
|
Examination on filing |
|
Examination as to formal requirements |
|
The drawing up of the European search report |
|
Publication of a European patent application |
|
Request for examination |
|
Extension of the period within which requests for examination may be filed |
|
Examination of the European patent application |
|
Refusal or grant |
|
Publication of a specification of the European patent |
PART V
OPPOSITION PROCEDURE
|
Opposition |
|
Grounds for opposition |
|
Examination of the opposition |
|
Revocation or maintenance of the European patent |
|
Publication of a new specification of the European patent |
|
Costs |
|
Intervention of the assumed infringer |
PART VI
APPEALS PROCEDURE
|
Decisions subject to appeal |
|
Persons entitled to appeal and to be parties to appeal proceedings |
|
Time limit and form of appeal |
|
Interlocutory revision |
|
Examination of appeals |
|
Decision in respect of appeals |
|
Decision or opinion of the Enlarged Board of Appeal |
PART VII
COMMON PROVISIONS
Chapter I
Common provisions governing procedure
|
Basis of decisions |
|
Examination by the European Patent Office of its own motion |
|
Observations by third parties |
|
Oral proceedings |
|
Taking of evidence |
|
Unity of the European patent application or European patent |
|
Notification |
|
Time limits |
|
Further processing of the European patent application |
|
Restitutio in integrum |
|
Amendments |
|
Information concerning national patent applications |
|
Reference to general principles |
|
Termination of financial obligations |
Chapter II
Information to the public or official authorities
|
Register of European Patents |
|
Inspection of files |
|
Periodical publications |
|
Exchanges of information |
|
Administrative and legal co-operation |
|
Exchange of publications |
Chapter III
Representation
|
General principles of representation |
|
Professional representatives |
PART VIII
IMPACT ON NATIONAL LAW
Chapter I
Conversion into a national patent application
|
Request for the application of national procedure |
|
Submission and transmission of the request |
|
Formal requirements for conversion |
Chapter II
Revocation and prior rights
|
Grounds for revocation |
|
Rights of earlier date or the same date |
Chapter III
Miscellaneous effects
|
National utility models and utility certificates |
|
Renewal fees for European patents |
PART IX
SPECIAL AGREEMENTS
|
Unitary patents |
|
Special departments of the European Patent Office |
|
Representation before special departments |
|
Select committee of the Administrative Council |
|
Cover for expenditure for carrying out special tasks |
|
Payments in respect of renewal fees for unitary patents |
|
The European patent application as an object of property |
|
Joint designation |
PART X
INTERNATIONAL APPLICATION PURSUANT TO THE PATENT COOPERATION TREATY
|
Application of the Patent Cooperation Treaty |
|
The European Patent Office as a receiving Office |
|
Filing and transmittal of the international application |
|
The European Patent Office as a designated Office |
|
The European Patent Office as an International Searching Authority |
|
The European Patent Office as an International Preliminary Examining Authority |
|
The European Patent Office as an elected Office |
|
International search report |
|
Publication of the international application and its supply to the European Patent Office |
PART XI
TRANSITIONAL PROVISIONS
|
Administrative Council during a transitional period |
|
Appointment of employees during a transitional period |
|
First accounting period |
|
Progressive expansion of the field of activity of the European Patent Office |
|
Professional representatives during a transitional period |
PART XII
FINAL PROVISIONS
|
Implementing Regulations and Protocols |
|
Signature - Ratification |
|
Accession |
|
Reservations |
|
Territorial field of application |
|
Entry into force |
|
Initial contribution |
|
Duration of the Convention |
|
Revision |
|
Disputes between Contracting States |
|
Denunciation |
|
Preservation of acquired rights |
|
Financial rights and obligations of a former Contracting State |
|
Languages of the Convention |
|
Transmission and notifications |
Cross-reference list | |
Art. 16(elmts) | R. 10 |
Art. 18(1)(elmts) | R. 10 |
Art. 52(4) | Art. 53(c) |
Art. 54(4) | - |
Art. 54(5) | Art. 54(4) |
Art. 61(1) (elmts) | R. 16 |
Art. 77 (elmts) | R. 37 |
Art. 78(2) | R. 38 |
Art. 79(2), (3) | R. 39 |
Art. 80 | R. 40 |
Art. 88(1) (elmts) | R. 53 |
Art. 91(1), (2), (3) | Art. 90(3), (4), (5); R. 57 |
Art. 91(5) | Art. 90(5); R. 60 |
Art. 92(2) | R. 65 |
Art. 93(2) | R. 68 |
Art. 94(2), (3) | R. 70 |
Art. 95 | - |
Art. 96(1) | R. 70 |
Art. 96(2), (3) | Art. 94(3), (4) |
Art. 99(3) | R. 75 |
Art. 99(4), (5) | Art. 99(3), (4) |
Art. 102(1), (2) | Art. 101(2) |
Art. 102(3) | Art. 101(3)(a) |
Art. 105 (elmts) | R. 89 |
Art. 106(2) | R. 98 |
Art. 106(4), (5) | R. 97 |
Art. 110(2), (3) | R. 100(2), (3) |
Art. 115 (elmts) | R. 114 |
Art. 117(2) | R. 119 |
Art. 117(4), (5), (6) | R. 120 |
Art. 121(2), (3) | R. 135 |
Art. 122(2), (3), (4), (5) | R. 136 |
Art. 126 | - |
Art. 134(8) | Art. 134a |
Art. 135(2) | R. 155 |
Art. 136(1), (2) (elmts) | R. 155 |
Art. 136(2) | Art. 135(2), (4) |
Art. 151(1) | R. 157 |
Art. 152 | R. 157 |
Art. 153(2) | R. 159 |
Art. 154 | Art. 152 |
Art. 155 | Art. 152 |
Art. 156 | Art. 153(1) |
Art. 157(1), (2), (3) | Art. 153(6), (7) |
Art. 158 | Art. 153(3), (4), (5) |
Art. 159 | - |
Art. 160 | - |
Art. 160(2) | Art. 11(5) |
Art. 161 | - |
Art. 162 | - |
Art. 163(1), (2), (3), (4), (6) | Art. 134(3), (4), (7) |
Art. 163(5), (7) | - |
Art. 167 | - |