Official Journal January 2021

Citation: A3
Online publication date: 29.1.2021

ADMINISTRATIVE COUNCIL

Decision of the Administrative Council of 15 December 2020 amending Rules 19 and 143 of the Implementing Regulations to the European Patent Convention (CA/D 11/20)

THE ADMINISTRATIVE COUNCIL OF THE EUROPEAN PATENT ORGANISATION,

Having regard to the European Patent Convention (hereinafter referred to as "EPC") and in particular Article 33(1)(c) thereof,

On a proposal from the President of the European Patent Office,

Having regard to the opinion of the Committee on Patent Law,

HAS DECIDED AS FOLLOWS:

Article 1

Rule 19 of the Implementing Regulations to the EPC shall be amended as follows:

1. Paragraph 1 shall read as follows:

"The request for grant of a European patent shall contain the designation of the inventor. However, if the applicant is not the inventor or is not the sole inventor, the designation shall be filed in a separate document. The designation shall state the family name, given names and country and place of residence of the inventor, contain the statement referred to in Article 81 and bear the signature of the applicant or his representative."

2. Paragraphs 3 and 4 shall be deleted.

Article 2

Rule 143 of the Implementing Regulations to the EPC shall be amended as follows:

Subparagraph (g) of paragraph 1 shall read as follows:

"family name, given names and country and place of residence of the inventor designated by the applicant for or proprietor of the patent, unless he has waived his right to be mentioned under Rule 20, paragraph 1;"

Article 3

1. Rule 19 EPC as amended under Article 1 of this decision shall enter into force on 1 April 2021. Rule 19(1) EPC as amended shall apply to any designation of the inventor filed or rectified on or after that date. Rule 19(1) EPC as amended shall also apply to any international application entering the European phase on or after that date.

2. Rule 143 EPC as amended under Article 2 of this decision shall enter into force on 1 November 2021. It shall apply to all patent applications published in the European Patent Register on or after that date.

Done at Munich, 15 December 2020

For the Administrative Council

The Chairman

Josef KRATOCHVÍL

 

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