Part II – Substantive patent law
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Chapter III – Effects of the European patent and the European patent application

Overview

Article 6454
Rights conferred by a European patent

16th edition: this version presents the text in force on 1 July 2020.

(1) A European patent shall, subject to the provisions of paragraph 2, confer on its proprietor from the date on which the mention of its grant is published in the European Patent Bulletin, 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. 


54See decisions of the Enlarged Board of Appeal G 2/88, G 1/98 (Annex I).

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EPC - Reference
  • Art. 2, 67, 68, 97
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