Law Approving The Act Revising The Convention On The Grant Of European Patents (European Patent Convention) Of 5 October 1973, Last Revised On December 17, 1991, Done At Munich On 29 November 2000 (1)

Original Language Title: Loi portant assentiment à l'Acte portant révision de la Convention sur la délivrance de brevets européens (Convention sur le brevet européen) du 5 octobre 1973, révisée en dernier lieu le 17 décembre 1991, fait à Munich le 29 novembre 2000 (1)

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Posted the: 2007-09-04 Numac: 2007015067 FEDERAL Foreign Affairs, external trade and development COOPERATION PUBLIC SERVICE April 21, 2007. -Law concerning consent to the Act revising the Convention on the grant of European patents (European Patent Convention) of 5 October 1973, revised last held December 17, 1991, done at Munich on 29 November 2000 (1) ALBERT II, King of the Belgians, to all, present and future, hi.
The Chambers have adopted and we endorse the following: Article 1. This Act regulates a matter referred to in article 77 of the Constitution.
S.
2. the Act revising the Convention on the grant of European patents (European Patent Convention) of 5 October 1973, revised last held December 17, 1991, done at Munich on November 29, 2000, will release its full and complete effect.
The Protocol on jurisdiction and the recognition of decisions on the right to the grant of the European patent and the Protocol on the privileges and immunities of the European Patent Organisation, annexed to the Convention on the grant of European patents of 5 October 1973 and approved by the law of July 8, 1977, continued to leave their full and complete effect.
Promulgate this Act, order that it self under the seal of the State and published by le Moniteur.
Given to Brussels, April 21, 2007.
ALBERT by the King: the Minister for Foreign Affairs, K. DE GUCHT. the Minister of the economy, M. VERWILGHEN Scellé of the seal of the State: the Minister of Justice, Ms. L. ONKELINX _ Notes (1) Session 2006-2007.
Senate.
Documents.
-Bill filed November 14, 2007, no. 3 - 1909/1. Report, no. 3-1909/2.
Parliamentary Annals.
-Discussion and vote. Meeting of February 8, 2007.
House of representatives.
Documents.
-Draft transmitted by the Senate, no. 51-2907/1. -Text adopted in plenary and subject to Royal assent, meeting No. 51-2907/2.
Parliamentary Annals. -Discussion and vote. Meeting of March 1, 2007.

Act revising the Convention on the grant of European patents (European Patent Convention) of 5 October 1973, revised last December 17, 1991 preamble the States parties to the convention on European patent whereas that cooperation between European States established on the basis of the Convention on the European patent and the single procedure of granting patents that it has introduced brings an essential contribution to legal integration and Europe's economic, eager to ensure a more effective promotion of innovation and economic development in Europe through the establishment of bases to continue the extension of the system of the European patent concerned to adapt, in the light of the increasing internationalization of patent, the European Patent Convention to technical and legal developments since its adoption, have agreed upon the following provisions : The Convention on the European patent Article 1 the European Patent Convention is amended as follows: 1. the new article following 4A is inserted after article 4: Conference of Ministers of the Contracting States Article 4bis a conference of Ministers of the relevant Contracting States Patent meets at least every five years to discuss issues relating to the Organization and the European patent system.
2. article 11 is replaced by the following: appointment of senior staff Article 11 (1) the President of the European Patent Office is appointed by the Board of Directors.
(2) the Vice-presidents are appointed by the Board of Directors, the President of European Patent Office of the course.
(3) the members of the boards of appeal and the enlarged Board of appeal, including their presidents, are appointed by the Governing Council on a proposal from the President of the European Patent Office. They may be reappointed by the Board of Directors, the President of European Patent Office of the course.
(4) the Board of Directors exercises the disciplinary authority over the officials referred to in paragraphs 1 to 3 of this article.
(5) the Board of Directors may, the President of the European Patent Office course, also appoint as members of the enlarged Board of appeal of the lawyers belonging to the courts national or quasi judicial authorities of the Contracting States, who can continue to assume their judicial at national level. They are appointed for a period of three years and may be reappointed.
3. article 14 is replaced by the following text: languages of the European Patent Office, European patent applications and other documents Article 14 (1) the official languages of the European Patent Office are German, English and the french.
(2) a European patent application must be filed in one of the official languages or, if it is filed in a different language, translated into one of the official languages, in accordance with the regulations. For the duration of the procedure before the European Patent Office, the translation may be made consistent with the text of the application as originally filed. If the required translation is not filed within the time limits, the application is deemed withdrawn.
(3) the official language of the European Patent Office in which the European patent application has been filed or translated must be used as the language of the proceedings, unless it as otherwise provided by the regulations, in all proceedings before the European Patent Office.
(4) the physical and legal persons having their domicile or their seat in a Contracting State having one language other than German, English or french as an official language, and nationals of that State who live abroad may file, in an official language of this State, parts to be produced within a specified period. However, they are required to produce a translation in an official language of the European Office of patents in accordance with the regulations. A piece that is not included in parts of the European patent application is not filed in the prescribed language or if a required translation is not filed within the time limits, the piece is deemed to be not filed.
(5) European patent applications are published in the language of the proceedings.
(6) the European patent specifications are published in the language of the proceedings and include a translation of the claims into the two other official languages of the European Patent Office.
((7) are published in the three official languages of the European Patent Office: a) the European Patent Bulletin.
(b)) the Official Journal of the European Patent Office.
(8) entries in the register of European patents are carried out in the three official languages of the European Patent Office. In case of doubt, the entry in the language of the proceedings shall be authentic.
4. article 16 is replaced by the following text: Article 16 receiving section receiving Section is competent to examine applications for European patents at the time of filing and form requirements.
5. article 17 is replaced by the following: Article 17 search Divisions the search divisions are competent to establish European search reports.
6. article 18 is replaced by the following text: Divisions review Article 18 (1) the review divisions are competent to examine applications for European patents.
(2) an examining division consists of three technical examiners. However, the statement of the European patent application is, as a general rule, entrusted to one of the reviewers of the division. The oral proceedings is the competence of the examining division itself. If it considers that the nature of the decision so requires, the examining division is completed by an examiner lawyer. In the event of equality of votes, the vote of the Chairman of the examining division is dominating.
7. article 21 is replaced by the following text: boards of appeal Article 21 (1) the boards of appeal are competent to examine appeals against the decisions of the receiving section, divisions of examination, opposition and legal division divisions.
(2) in the case of an appeal against a decision of the Division of deposit or the legal division, the Board of Appeal consists of three legally qualified members.
((3) in the case of an appeal against a decision of an examining division, the Board of Appeal consists of: has) two technical members and one legal member where the decision is related to the rejection of a European patent or the grant application, the limitation or revocation of a European patent and that it was taken by an examining division consisting of less than four members;
(b) three technical members and two legally qualified members when the decision was taken by an examining division consisting of four members, or if the Board of appeal considers that the nature of the appeal so requires;
(c) three members lawyers in other cases.
((4) in the case of an appeal against a decision of an opposition division, the Board of Appeal consists of: has) two technical members and one legal member when the decision was taken by a three-member opposition division;
(b) three technical members and two legally qualified members when the decision was taken by a four-member opposition division or the Board of appeal considers that the nature of the appeal so requires.
8. article

22 is replaced by the following: enlarged Board of appeal Article 22 (1) the enlarged Board of appeal is competent for: has) to determine questions of law submitted by the boards of appeal;
(b) give opinions on questions of law referred to it by the President of the European Office of patents in accordance with article 112;
c) rule on requests for review of decisions of the boards of appeal in accordance with article 112A.
((2) in the procedures provided for in paragraph 1, letter a) and b), the enlarged Board of Appeal consists of five legally qualified members and two technical members. In the procedures provided for in paragraph 1, letter c), the enlarged Board of Appeal consists of three or five members as provided for in the implementing regulation. In all proceedings, is chaired by a legally qualified member.
9. article 23 is replaced by the following text: independence of the members of the Chambers Article 23 (1) the members of the enlarged Board of appeal and the boards of appeal shall be appointed for a period of five years and cannot be removed from office during this period, except for serious reasons and if the Governing Council, on a proposal from the enlarged Board of appeal takes a decision to this effect. Without prejudice to the provisions of the first sentence, the mandate of the members of the boards of appeal shall terminate in the event of resignation or retirement in accordance with the staff regulations of officials of the European Patent Office.
(2) the members of the boards may be members of the receiving section, review divisions, divisions of opposition or the legal division.
(3) in their decisions the members of the boards are bound by any instructions and shall comply with the provisions of this convention.
(4) the rules of procedure of the boards of appeal and the enlarged Board of appeal shall be adopted in accordance with the regulations. They are subject to the approval of the Board of Directors.
10. article 33 is replaced by the following: jurisdiction of the Board of Directors in some cases Article 33 (1) the governing body has jurisdiction to modify: a) the provisions of this convention to the extent where they set the duration of a time limit;
b) provisions from the second to the eighth part as well as the tenth part of this agreement to ensure compliance with an international treaty relating to patents or the legislation of the European Community patent;
(c) the provisions of the implementing regulation).
((2) the Board has jurisdiction, in accordance with this convention, to stop and change: a) the financial regulation;
(b)) the staff regulations of officials and the arrangements applicable to other servants of the European Patent Office, the scale of their remuneration as well as the nature and the rules for granting of ancillary benefits;
c) pensions regulations and any increases in existing pension corresponding to the bearings of the treatments;
(d) the fees regulation);
(e) its rules of procedure).
(3) Notwithstanding the provisions of article 18, paragraph 2, the governing body has jurisdiction to decide, if experience warrants it, that, in certain categories of cases, the review divisions consist of one technician examiner. This decision may be reported.
(4) the governing body has jurisdiction to authorize the President of the European Office of patents to negotiate and, subject to its approval, to conclude, on behalf of the European Patent Organization, agreements with States or intergovernmental organizations as well as with documentation centres created through agreements with these organizations.
((5) the Board of Directors may take a decision under paragraph 1, letter b):-with regard to an international treaty, prior to the entry into force of this Treaty;
-in relation to legislation of the European Community, before its entry into force or, where this Act provides a deadline for its transposition, before the expiry of this period.
11. article 35 is replaced by the following text: Article 35 Votes (1) subject to the provisions of paragraphs 2 and 3, the Governing Council takes its decisions by a simple majority of the Contracting States represented and voting.
(((2) require a majority of three quarters of the Contracting States represented and voting, the decisions that the Board of Directors is competent to take under article 7, article 11, paragraph 1, article 33, paragraphs 1, letters a) and (c)) and 2 to 4, article 39, paragraph 1, article 40, paragraphs 2 and 4 of article 46 article 134bis, article 149bis, paragraph 2, of article 152, article 153, paragraph 7, and article 166 article 172.
((3) require the unanimity of the States Contracting Parties voting decisions that the Board of Directors is competent to take under article 33, paragraph 1, letter b). The Board of Directors takes these decisions only if all Contracting States are represented. A decision taken pursuant to article 33, paragraph 1, letter b) does not take effect if a Contracting State declares, within a period of twelve months from the date of the decision, that he wishes to not be bound by that decision.
(4) forbearance is not considered to be a vote.
12. article 37 is replaced by the following text: financing the budget Article 37 the Organization's budget is funded: has) by the Organization's own resources;
(b) by the payments by the Contracting States in respect of the fees for maintenance of European patents levied in these States;
c) possibly by exceptional financial contributions by Contracting States.
d) where appropriate, by the revenue provided for in article 146;
(e) where appropriate and exclusively for capital assets, by borrowing contracted from third parties and guaranteed by land or buildings;
(f) where appropriate, by funds from third parties for specific projects).
13. article 38 is replaced by the following text: Article 38 own resources own resources of the Organization include: has) all revenue from taxes and other resources as well as the Organization's reserves.
(b)) the resources of the pension reserve fund, which should be regarded as a special organization to assist pension plan by the creation of appropriate reserves.
14. article 42 is replaced by the following: Budget Article 42 (1) the budget of the Organization must be balanced.
It will be prepared according to generally accepted accounting principles, as defined in the financial regulation.
As necessary, amending or additional budgets may be established.
(2) the budget is prepared in the unit of account established by the financial regulation.
15. article 50 is replaced by the following: financial regulation Article 50 the financial regulation determines inter alia: has) the terms relating to the establishment and execution of the budget as well as accountability and the auditing of the accounts;
(b) the terms and procedure whereby the payments and contributions provided for in article 37, as well as the advances provided for in article 41 must be put at the disposal of the Organisation by the Contracting States;
c) rules and the Organization of the control and the responsibility of the authorising officers and accountants;
(d) the rate of interest provided for in articles 39, 40 and 47);
e) the modalities for the calculation of contributions to be paid in respect of section 146;
f) the composition and tasks of a budget and Finance Committee which should be established by the Board of Directors;
(g) accounting principles generally agreed on which are based the budget and the annual financial statements.
16. article 51 is replaced by the following: Taxes Article 51 (1) the European Patent Office may charge fees for any task or official procedure carried out under this convention.
(2) the deadline for payment of fees other than those fixed by this convention are set out in the implementing regulation.
(3) where the regulations prescribes the payment of a fee, it also provides the consequences of failure to pay within the time limits.
(4) the fees regulation including fixed the amount of the fees and their mode of perception.
17. article 52 is replaced by the following text: Inventions patentable Article 52 (1) European patents are granted for any inventions in all fields of technology, provided that they are new, involve an inventive step and are capable of industrial application.
((2) are not considered as inventions within the meaning of paragraph 1 including: a) discoveries and scientific theories and mathematical methods;
(b) aesthetic creations;
(c) plans, rules and methods for the exercise of intellectual activities, playing games or in the field of economic activities as well as the computer;
d) presentations of information.
(3) paragraph 2 excludes the patentability of elements it lists when the European patent application or European patent concerns only one of those elements, considered as such.
18. article 53 is replaced by the following: Exceptions to patentability Article 53 the European patents are not granted for:

(a) inventions whose commercial exploitation would be contrary to public order or morality, such a contradiction cannot be inferred merely because the exploitation is prohibited, in all Contracting States or in several of them, by any law or regulation;
b) plant varieties or animal varieties and essentially biological processes for the production of plants or animals, this provision do not apply to microbiological processes and the products thereof;
(c) the methods of surgical or therapeutic treatment of the human or animal body and diagnostic methods practised on the human or animal body, this provision is not applicable to products, particularly substances or compositions, for the implementation of one of these methods.
19. article 54 is replaced by the following: novelty Article 54 (1) an invention is considered new if it is not included in the State of the art.
(2) the State of the art consists of everything which has been made available to the public before the date of filing of the application of European patent by a written description or oral, use, or any other way.
(3) shall also be considered as in the State of the art, the content of European patent applications as filed, which have a filing date earlier than that referred to in paragraph 2 and which have been published on that date or at a later date.
(4) paragraphs 2 and 3 shall not exclude the patentability of any substance or composition comprised in the State of the art for the implementation of a method referred to in article 53, letter c), provided that its use for any of these methods is not included in the State of the art.
(5) paragraphs 2 and 3 shall not exclude the patentability of a substance or composition referred to in paragraph 4 for any specific use in any method referred to in article 53, letter c), provided that this use is not comprised in the State of the art.
20. article 60 shall be replaced by the following: right to a European patent Article 60 (1) the right to the patent belongs to the inventor or his successor in title. If the inventor is an employee, the right to the European patent is defined according to the law of the State on whose territory the employee exercises his main activity; If the State on whose territory is the main activity cannot be determined, the applicable law is that of the State in the territory of which is the establishment of the employer at which the employee is attached.
(2) If several persons have made the invention independently of each other, the right to the European patent belongs to that filed European patent application whose filing date is the earliest, subject that this first application has been published.
(3) in proceedings before the European Patent Office, the applicant is deemed authorised to exercise the right to the European patent.
21. article 61 is replaced by the following: European patent application filed by a person not entitled Article 61 (1) If a decision res judicata has recognized the right to the grant of the European patent to one person other that the applicant, that person may, in accordance with the regulations: has) continue, at the place of the applicant (, the European patent application procedure, taking this request to its account, b) file a new European patent for the same invention, or c application) request the rejection of the European patent application.
(2) article 76, paragraph 1 is applicable to any new European patent application filed under subsection 1, letter b).
22. article 65 is replaced by the following text: translation of the patent European Article 65 (1) any Contracting State may prescribe, when the patent issued, maintained as amended or limited by the Office European patent is not drafted in one of its official languages, the holder of the patent shall supply to its central industrial property office a translation of the patent as granted amended or limited in one of its official languages, at its option, or, to the extent where that State has imposed the use of one specific official language, in that last language. The translation must be filed within a period of three months from the date of publication in the Bulletin of European patents the mention of the grant of the European patent or its maintenance as amended, or its limitation, unless that State grants a longer period.
(2) any Contracting State which has adopted provisions pursuant to paragraph 1 may prescribe that the holder of the patent pays, within a period fixed by the State, all or part of the costs of publication of the translation.
(3) any Contracting State may prescribe that if the provisions adopted pursuant to paragraphs 1 and 2 are not observed, the European patent is, from the outset, deemed without effect in this State.
23. article 67 is replaced by the following: rights conferred by the European patent application after publication Article 67 (1) as from its publication, the European patent application protects provisionally to the applicant, in the Contracting States designated in the patent application, provided for in article 64.
(2) each Contracting State may provide that the European patent application does not ensure the protection provided for in article 64. However, the protection attached to the publication of the European patent application cannot be less than the legislation of the State concerned attaches to the mandatory publication of unexamined national patent applications. In any case, each Contracting State must, at the very least, provide that from the publication of the European patent application, the applicant may require compensation in reasonable, fixed according to the circumstances of any person having exploited in that Contracting State, the invention which is the subject of the European patent application, in conditions which, according to national law would put into play its responsibility if it were an infringement of a national patent.
(3) each Contracting State which does not have as an official language the language of the proceedings may provide that temporary protection referred to in paragraphs 1 and 2 is ensured only from the date on which a translation claims, either in one of the official languages of the State, at the option of the applicant, be, insofar as the State in question has imposed the use of a particular official language ((, in this last language: a) has been made available to the public under the conditions provided for in its national legislation, or b) was handed to the person exploiting the invention which is the subject of the European patent application in this.
(4) the effects of the European patent application provided for in paragraphs 1 and 2 are deemed null and void when the European patent application has been withdrawn or is deemed to be withdrawn or has been refused by a decision entered into force of res judicata. It in and the effects of the European patent application in a Contracting State whose designation has been withdrawn or is deemed to be withdrawn.
24. article 68 is replaced by the following text: effects of the revocation or limitation of the patent Article 68 the European patent application as well as European patent to which it gave rise are deemed not to have had from the outset the effects provided for in articles 64 and 67 to the extent where the patent has been revoked or limited during opposition proceedings limitation or invalidity.
25. article 69 is replaced by the following text: scope of protection Article 69 (1) the extent of the protection conferred by the European patent or the European patent application is determined by the claims. However, the description and the drawings are used to interpret the claims.
(2) for the period up to the grant of the European patent, the extent of the protection conferred by the European patent application is determined by the claims contained in the application as published. However, such European patent that issued or such that changed in the course of the opposition, limitation or nullity proceedings determines retroactively this protection as long as it is not extended.
26. article 70 is replaced by the following text: Article 70 authentic text of the European patent or European patent application (1) the text of the European patent application or European patent in the language of the proceedings is the text which is authentic in all proceedings before the European Office of patents and in all Contracting States.
(2) However, if the European patent application was filed in a language which is not one of the official languages of the European Patent Office, this text represents the application as filed within the meaning of this convention.
(3) any Contracting State may provide as a translation in an official language of that State, so has this convention, is regarded in that State as being the text which is authentic, except in cases of revocation proceedings, if the European patent application or the patent in the language of the translation confers less protection than afforded by the said claim or patent in the language of the proceedings therein.
(4) any Contracting State which adopts a provision pursuant to paragraph 3, a) must allow

the applicant or the holder of the patent to produce a translation revised European patent or European patent application. This revised translation has no legal effect as long as the conditions laid down by the Contracting State pursuant to article 65, paragraph 2, and article 67, paragraph 3 have not been fulfilled;
b) may provide that in this State, a good faith, started to exploit an invention or has made the effective and serious preparations for that purpose, unless this operation constitutes an infringement of the application or patent in the original translation text, may, after the revised translation has taken effect, to continue its operations in his business or for the needs thereof free of charge.
27. article 75 is replaced by the following: filing of the European patent application Article 75 (1) European patent applications may be filed: has) either with the European Patent Office;
(b) or, if the legislation of a Contracting State permits, and subject to the provisions of article 76, paragraph 1, with the central industrial property or other competent agencies of this State. Any application so filed has the same effect as if it had been filed on the same date at the European Patent Office.
(((2) paragraph 1 cannot preclude the application of legislative or regulatory provisions which, in a Contracting State: a) govern inventions which, due to their purpose, may be communicated abroad without prior permission of the competent authorities of the State concerned, or b) prescribe that any patent application must be filed with a national authority , or submit a prior authorization direct deposit from another authority.
28. article 76 is replaced by the following: applications divisional European Article 76 (1) any divisional European patent application must be filed directly with the European Office of patents in accordance with the regulations. It may be filed only for elements that extend beyond the content of the earlier application as filed;
insofar as this requirement is satisfied, the divisional application shall be deemed to be filed on the date of filing of the earlier application and enjoys the right of priority.
(2) all the Contracting States designated in the earlier application upon filing of a divisional application of European patent are deemed to be designated in the divisional application.
29. article 77 is replaced by the following: Transmission of European patent applications Article 77 (1) the central office of industrial property of the Contracting State transmits to the European Patent Office requests European patent to that service or to any other competent authority of that State, in accordance with the regulations.
(2) a European patent application whose subject was held incommunicado is not forwarded to the European Patent Office.
(3) any European patent application which is not transmitted to the European Office of patents in time is deemed to be withdrawn.
30. article 78 is replaced by the following: Conditions to be met by the European patent application Article 78 (1) the European patent application must contain: a) a request for grant of a European patent;
(b) a description of the invention;
(c) one or more claims;
d) the drawings to which relate the description or the claims;
(e) an abstract, and must comply with the conditions laid down by the implementing regulation.
(2) the European patent application gives rise to the payment of tax and filing the search fee. If the filing fee or the search fee has not been paid within the time limits, the application is deemed withdrawn.
31. article 79 is replaced by the following text: Designation of States contractors Article 79 (1) all Contracting States parties to the present convention upon the filing of the European patent application are deemed to be designated in the request for grant of a European patent.
(2) the designation of a Contracting State may give rise to the payment of a designation fee.
(3) the designation of a Contracting State may be withdrawn at any time up to the grant of the European patent.
32. article 80 shall be replaced by the following text: Article 80 Filing Date the date of filing of a European patent application is one to which the conditions laid down in the implementing regulations are met.
33. article 86 is replaced by the following: annual fees for the European patent application Article 86 (1) in accordance with the regulations, annual fees must be paid to the European Office of patents for any European patent application.
These fees are due for the third year from the date of filing of the application, and for each of the following years. If a renewal fee is not paid in time, the application is deemed withdrawn.
(2) no annual fee is payable after the payment that must be paid in respect of the year in which the mention of the grant of the European patent is published.
((34. article 87 is replaced by the following: right of priority Article 87 (1) one who has regularly filed in or for a) a State party to the Paris Convention for the protection of industrial property or b) a member of the world Organization of trade, a patent application for an invention, utility model or utility, or his successor in title certificate of , shall, for the filing of an application for a European patent for the same invention, a right of priority for a period of twelve months from the date of filing of the first request.
(2) is recognized as giving rise to a right of priority, any deposit value to a regular national filing under the national law of the State in which he has performed or bilateral or multilateral agreements, including the convention.
(3) by a regular national filing is meant any filing that is sufficient to establish the date to which the request was filed, regardless of the subsequent fate of the application.
(4) is considered as a first application, the filing date is the starting point of the period of priority, earlier, a subsequent application having the same object as a first application filed in or for the same State, to the condition that that earlier application at the date of filing of the subsequent application has been withdrawn, abandoned or refused, without having been submitted to public inspection and without leaving rights outstanding , and that it has not yet served as basis for the claim of the right of priority. The earlier application can then serve as a basis for the claim of the right of priority.
(5) if the first deposit has been made with a service of industrial property that is not bound by the Paris Convention for the protection of industrial property or the agreement establishing the World Trade Organization, paragraphs 1 to 4 shall apply if, following a communication from the President of the European Patent Office, this service recognizes that a first filing with the European Patent Office gives rise to a right of priority subject to of conditions and having effects equivalent to those provided for in the Paris Convention.
35. article 88 is replaced by the following text: claiming priority Article 88 (1) the applicant who wishes to avail himself of the priority of an earlier application is required to file a declaration of priority and any other document required in accordance with the regulations.
(2) multiple priorities may be claimed for a European patent application even if they come from different States. Where appropriate, multiple priorities may be claimed for a same claim.
If multiple priorities are claimed, time limits which have starting point for the priority date shall be calculated from the date of the earliest priority.
(3) where one or more priorities are claimed for the European patent application, the right of priority covers the elements of the European patent application that are contained in the application or applications whose priority is claimed.
(4) if certain elements of the invention for which priority is claimed do not appear among the claims formulated in the previous application, it is sufficient, so that priority can be given, that all the documents of the previous application reveals a way accurate those components.
36. article 90 is replaced by the following text: when filing and examination as to formal requirements Article 90 (1) the Office European patent examined in accordance with the regulations if the application meets the requirements for him to be granted a filing date.
(2) If a date of filing cannot be granted after the examination in respect of paragraph 1, the application is not treated as a European patent application.
(3) If a date of filing has been granted to the European patent application, the European Patent Office examines in accordance with the regulations met the requirements of articles 14, 78, 81 and, where appropriate, articles 88, paragraph 1, 133, paragraph 2, as well as to any other requirement laid down by the implementing regulation.
(4) where the European Patent Office finds, in the examination carried out in respect of paragraphs 1 or 3, the existence of irregularities which can be remedied, it gives the applicant the possibility

to remedy these deficiencies.
(5) where an irregularity detected during the examination carried out in respect of paragraph 3 is not remedied, the European patent application is rejected. Where the irregularity relates to the right of priority, it results in the loss of that right for the application.
37. article 91 is deleted.
38. article 92 is replaced by the following: the report of European Research Article 92 the European Patent Office shall establish and publish, in accordance with the regulations, a European search report relating to the application of EPC on the basis of the claims, taking due account of the description and, where appropriate, existing drawings.
39. article 93 is replaced by the following: Publication of the European patent application Article 93 (1) the European Patent Office publishes the European patent application as soon as possible) after the expiry of a period of eighteen months from the date of filing or, if priority has been claimed, from the priority date;
or (b) before the expiration of this time limit at the request of the applicant.
((2) the European patent application was published on the same date that the specification of the patent when the decision on the grant of the European patent takes effect before the expiry of the period referred to in paragraph 1, letter a).
40. article 94 is replaced by the following: examination of the European patent application Article 94 (1) on request, the European Patent Office shall examine in accordance with the regulations if the European patent application and the invention to which it relates meet the conditions laid down by this convention. The query is considered filed until the payment of the examination fee.
(2) where the request is not filed within the time limits, the application is deemed withdrawn.
(3) if it appears from the examination that the application or the invention that in fact the subject does not meet the conditions laid down by this convention, the examining division shall invite the applicant, as often as it is necessary, to submit its comments and, subject to the provisions of article 123, paragraph 1, to amend the application.
(4) if the applicant does not respond within the time limits to a communication of the examining division, the application is deemed withdrawn.
41. articles 95 and 96 are deleted.
42. article 97 is replaced by the following: licensing of the patent or refusal of the application Article 97 (1) if the examining division considers that the European patent application and the invention to which it relates meet the conditions laid down by this convention, she decided to grant the European patent provided that the requirements laid down in the implementing regulations are met.
(2) if the examining division considers that the European patent application or the invention that in fact the subject does not meet the conditions laid down by this convention, it denies the request, unless different penalties for rejection are provided for by this convention.
(3) the decision on the grant of the European patent takes effect on the day of the publication in the Bulletin of European patents the mention of the grant.
43. article 98 is replaced by the following: Publication of the European patent Article 98 the Office European patent specification publishes the specification of the European patent as soon as possible after the publication of the mention of the grant of the European patent in the European Patent Bulletin.
44. the title of part v is replaced by the following text: fifth part PROCEDURE of OPPOSITION and of LIMITATION 45. Article 99 shall be replaced by the following: Opposition Article 99 (1) within a period of nine months from the publication of the mention of the grant of the European patent in the European Patent Bulletin, any person may oppose this patent with the European Office of patents, in accordance with the regulations. The opposition is deemed formed only after payment of the opposition fee.
(2) opposition to the European patent affects this patent in all the Contracting States in which it produces its effects.
(3) the holder of the patent, third parties who have opposed parties to opposition proceedings.
(4) If a person brings proof that in a Contracting State, it is recorded in the patent register under a judgment passed in force of res judicata, at the place and place of the previous holder, it is, on request, substituted for such State. Notwithstanding the provisions of article 118, the previous proprietor and the person who asserted his rights not are not considered co-owners, unless they require both to be.
46. article 101 is replaced by the following: examination of the opposition – Revocation or maintenance of the European patent Article 101 (1) if the opposition is admissible, the opposition division examined in accordance with the regulations if at least a ground for opposition under article 100 opposes the maintenance of the European patent.
During this examination, the opposition division invite the parties, as often as necessary, to file their comments on notifications has itself or on communications emanating from other parties.
(2) if the opposition division considers that at least a ground of opposition is opposed to the maintenance of the European patent, it shall revoke the patent. In the contrary case, it rejected the opposition.
((3) if the opposition division considers that, taking into account the amendments made by the proprietor of the patent during the opposition proceedings, the patent and the invention to which it relates has) meet the requirements of the convention, she decided to maintain the patent as amended, provided that the requirements laid down by the implementing regulation are fulfilled;
(b) do not meet the conditions of the present convention, it revokes the patent.
47. article 102 is deleted.
48. article 103 is replaced by the following: Publication of a new specification of the European patent section 103 if the European patent is maintained as amended under article 101, paragraph 3, letter a), the European Patent Office shall publish a new specification of the patent as soon as possible after the mention of the decision on the objection was published in the European Patent Bulletin.
49. article 104 is replaced by the following: costs Article 104 (1) each of the parties to the opposition proceedings bear the costs which it has incurred, unless the opposition division, in accordance with the regulations, stops, where equity so requires, a different apportionment of costs.
(2) the regulations determines the procedure of fixing costs.
(3) any final decision of the European Patent Office fixing the amount of costs is, for its implementation in the Contracting States, deemed to be a final decision res judicata rendered by a civil court of the State in the territory of which this execution needs to be continued. The control of such a decision cannot relate to its authenticity.
((50. article 105 is replaced by the following text: Intervention of an alleged infringer Article 105 (1) any third party may, after the expiry of the opposition period, intervene in the procedure of objection in accordance with the implementing regulation, provided that it proves has) that an action for infringement based on this patent has been entered against him, or b) only after having been required by the patent holder to cease alleged patent infringement , he introduced to the holder thereof against an action for a declaration that it is not an infringer.
(2) an admissible intervention shall be deemed to an opposition.
51. the following new articles 105bis, 105ter and 105quater are inserted after article 105: request for limitation or revocation Article 105bis (1) on request of the holder of the patent, the patent may be revoked or limited in the form of an amendment of the claims. The request must be made at the European Office of patents in accordance with the regulations. It is deemed filed when the limitation or revocation fee has been paid.
(2) the application may be made as long as a European patent opposition proceedings are pending.
Limitation or revocation of the European patent Article 105ter (1) the European Patent Office shall examine whether the requirements in the regulations for limitation or revocation of the European patent are met.
(2) if the European Patent Office considers that the request for limitation or revocation of the European patent meets these conditions, he decides, in accordance with the regulations, to limit or revoke the European patent. Otherwise, it rejects the request.
(3) the decision on the limitation or revocation affect the European patent with effect in all the Contracting States for which it has been issued. It takes effect on the date of the publication in the Bulletin of European patents the mention of the decision.
Publication of an amended European patent specification section 105quater where the European patent has been limited under article 105ter, paragraph 2, the European Office of patents published European patent amended as soon as possible after the publication of the mention of the limitation in the European Patent Bulletin.
52. article 106 is replaced by the following text: Article 106 appealable Decisions (1) decisions of the receiving section, divisions

examination, opposition and legal division divisions are likely to appeal. The appeal has suspensive effect.
(2) a decision which does not terminate proceedings as regards one of the parties cannot be appealed with the final decision, unless the decision provides for separate appeal.
(3) the right to appeal against decisions on the apportionment or fixing of costs of opposition proceedings may be limited in the regulations.
53. article 108 is replaced by the following text: time limit and form Article 108 the appeal must be lodged, in accordance with the implementing regulations to the European Patent Office within a period of two months from the notification of the decision. The appeal shall be deemed formed only after the payment of the appeal fee. A statement setting out the grounds of appeal must be filed within a period of four months from the notification of the decision, in accordance with the regulations.
54. article 110 is replaced by the following: examination of the appeal section 110 if the appeal is admissible, the Board of appeal shall examine whether it can be granted. The examination of the appeal takes place in accordance with the regulations.
55. the following new article 112A is inserted after article 112: petition for review by the enlarged Board of appeal Article 112A (1) any party to appeal proceedings, the claims of which the decision of the Board of appeal did not right, may present a petition for review of the decision by the enlarged Board of appeal.
((2) the request may be based on one of the following reasons: has) a member of the Board of appeal participated in the decision in violation of article 24, paragraph 1 or despite its exclusion following a decision in respect of article 24, paragraph 4;
(b) a person not as a member of the boards of appeal participated in the decision;
(c) the appeal procedure was vitiated by a fundamental violation of article 113;
(d) the appeals process has been tainted with an other fundamental procedural defect as defined in the regulations; or (e) a criminal offence established under the conditions laid down in the implementing regulation could have an impact on the decision.
(3) the petition for review has no suspensive effect.
(4) the request must be presented and substantiated in accordance with the regulations. (If the query is based on paragraph 2, letters (a) to (d)), it must be submitted within a period of two months from the notification of the decision of the Board of appeal. If the query is based on paragraph 2, letter e), it must be submitted within a period of two months after the criminal offence has been established and in any event not more than five years after the notification of the decision of the Board of appeal. The petition for review shall not be deemed to have been made until the required fee has been paid.
(5) the enlarged Board of appeal examines the application for revision in accordance with the regulations. If the application is based, the enlarged Board of appeal rescinds the decision subject to revision and oak, in accordance with the regulations, the procedure before the boards of appeal.
(6) Whoever, in a designated Contracting State has, good faith, in the period between the decision of the Board of appeal that the purpose of the revision and publication of the mention of the decision of the enlarged Board of appeal on the application for review, started to operate or did the effective and serious preparations for using the invention which is the subject of a European patent application published or a European patent may, free of charge, continue this operation in its business or for the needs of its business.
56. article 115 is replaced by the following text: comments from the third section 115 after the publication of the European patent application, any third party may, in proceedings before the European Patent Office, comment, in accordance with the regulations, on the patentability of the invention which is the subject of the application or the patent. The third does not acquire the status of party to the procedure.
57. article 117 shall be replaced by the following: evidence and instruction section 117 (1) in proceedings before the European Office of patents, the following measures of inquiry may include the: a) hearing the parties;
(b) request for information;
(c) the production of documents;
(d) the hearing of witnesses);
e) expertise;
(f) the inspection);
g) written statements made under the faith of the oath.
(2) the regulations determines the procedure relating to the statement.
58. article 119 is replaced by the following text: meaning Article 119 decisions, citations, notifications and communications are served ex officio by the European Office of patents in accordance with the regulations. The meanings can be made, where exceptional circumstances so require, through the central services of the industrial property of the Contracting States.
59. article 120 is replaced by the following text: time limits Article 120 the regulations determines: has) the time limits to be observed in proceedings before the European Patent Office and are not fixed by this convention;
b) the method of calculation of time limits and the conditions under which they may be extended;
(c) the duration minimum and maximum time limits that are set by the European Patent Office).
60. article 121 is replaced by the following text: further processing of the European patent application Article 121 (1) where the applicant has not complied with a deadline for the European Patent Office, it may require the continuation of the procedure relating to the European patent application.
(2) the European Patent Office granted the request when the conditions laid down in the implementing regulations are met. Otherwise, it rejects the request.
(3) when it is granted the motion, the consequences of non-observance of the time limit shall be deemed not to have occurred.
(4) are excluded from the continuation of the procedure, the periods specified in articles 87, paragraph 1, 108 and 112A, paragraph 4, as well as the deadlines for submission of the request for continuation of the procedure and the application for restitutio in integrum. The regulations may exclude other timeframes of the continuation of the procedure.
61. article 122 shall be replaced by the following text: Restitutio in integrum Article 122 (1) the applicant for or proprietor of a European patent who, although having shown all due care required by the circumstances, has not been able to observe a time limit with respect to the European Patent Office shall, upon request, its rights re-established if failure to comply with this time limit has the direct consequence the rejection of the application for a European patent or an application the fact that the European patent application is deemed to be withdrawn, the revocation of the European patent, the loss of any other right or means of appeal.
(2) the European Patent Office granted the request when the conditions laid down in paragraph 1 and the requirements laid down in the implementing regulations are met. Otherwise, it rejects the request.
(3) when it is granted the motion, the consequences of non-observance of the time limit shall be deemed not to have occurred.
(4) is excluded from restitutio in integrum, the deadline for submission of the application for restitutio in integrum.
The regulations may exclude other time limits for restitutio in integrum.
(5) any person who, in a designated Contracting State has, in good faith, in the period between the loss of a right referred to in paragraph 1 and the publication of the mention of the restoration thereof, started to operate or made the effective and serious preparations to exploit the invention that is the subject of a published European patent application or a European patent may , for free, continue this operation in its business or for the needs of its business.
(6) this section does not affect the right of a Contracting State to grant restitutio in integrum in respect of time limits provided for in this convention and to be complied with the authorities of that State.
62. article 123 shall be replaced by the following text: amendments Article 123 (1) the European patent application or the European patent may be amended in proceedings before the European Office of patents in accordance with the regulations. In any case, the applicant may, on its own initiative, amend at least once the request.
(2) the European patent application or the European patent cannot be changed in such a way that its subject matter extends beyond the content of the application as originally filed.
(3) the European patent cannot be amended so as to extend the protection it confers.
63. article 124 is replaced by the following: information on the State of the art Article 124 (1) the European Patent Office may invite the applicant, in accordance with the regulations, to provide him with information on the State of the art which was taken into account in national or regional patent procedures and bringing on an invention subject of the European patent application.
(2) If, within the time allotted him, the applicant refers not to the invitation referred to in paragraph 1, the European patent application is deemed withdrawn.
64. article 126 is deleted.
65.

Article 127 is replaced by the following text: register of European patents Article 127 the European Patent Office maintains a register of European patents, where all indications mentioned in the regulations are registered. No entry is made in the register of European patents before the European application has been published. The European patent register is open to public inspection.
66. article 128 is replaced by the following: Inspection public Article 128 (1) the files relating to European patent applications which have not yet been published can be opened to public inspection with the consent of the applicant.
(2) any person who proves that the applicant availed himself of its application for European patent against him may consult the file from before the publication of that application and without the consent of the applicant.
(3) where a divisional application or a new application for European patent filed under article 61, paragraph 1 is published, any person may consult the record of the original application prior to the publication of that application and without the consent of the applicant.
(4) after the publication of the European patent application, the files of the application and the European patent to which it gave rise may, on request, be open to public inspection, subject to the restrictions laid down by the implementing regulation.
(5) the European Patent Office may, before even the publication of the European patent application, to third parties or publish the indications referred to in the regulations.
67. article 129 is replaced by the following text: periodicals Article 129 the European Patent Office shall periodically publish: has) a European Patent Bulletin containing particulars whose publication is prescribed by the convention, the regulations or the President of the European Patent Office;
b) an official Journal containing communications and the general information from the Chairman of the European Office of patents as well as any other information relating to the convention and its application.
68. article 130 shall be replaced by the following: Exchange of information Article 130 (1) except as otherwise provided in this convention or national legislation, the European Patent Office and the central services of the industrial property of the Contracting States shall, on request, communicate all useful information on national or European patent applications and European or national patents as well as the procedures.
((2) paragraph 1 applies to the exchange of information, under work agreements, between the European Patent Office, on the one hand, and, on the other hand: has) the central services of the industrial property of other States;
(b) any intergovernmental organization responsible for the grant of patents;
(c) any other organization.
((3) communication of information pursuant to paragraph 1 and paragraph 2, letter a) and b) are not subject to the restrictions laid down in article 128. The Governing Council may decide that communications made pursuant to paragraph 2, letter c) are not subject to the restrictions laid down in article 128, provided that the organization concerned undertakes to treat as confidential information provided up to the date of publication of the European patent application.
69. article 133 shall be replaced by the following: General principles relating to the representation Article 133 (1) subject to the provisions of paragraph 2, no one is required to be represented by a professional representative in proceedings established by this convention.
(2) natural and legal persons that have neither their domicile nor their registered office in a State Contracting must be represented by a professional representative and act through it, in all proceedings established by this convention, except for the filing of a European patent application; other exceptions may be laid down in the implementing regulation.
(3) natural and legal persons who have their domicile or their seat in State Contracting may act through an employee in all proceedings established by this convention; This employee, who must have a power comply with the provisions of the implementing regulation, is not required to be an authorized agent. The regulations may provide whether and under what conditions an employee of a legal person referred to in this paragraph may also act for other legal persons which have their seat in a Contracting State and economic ties with it.
(4) special provisions relating to the common representation of parties acting in common may be laid down by the implementing regulation.
70. article 134 is replaced by the following text: Representation before the EPO Article 134 patent (1) the representation of natural or legal persons in proceedings established by this convention can be ensured only by professional representatives entered on the list maintained for this purpose by the European Patent Office.
((((2) any natural person who a) possesses the nationality of a Contracting State, b) has his place of business or the place of his employment in a State Contracting and c) has passed the tests of the European qualifying examination, may be entered on the list of professional representatives.
((((3) during a period of one year to count from the date on which the accession of a State to the convention takes effect, may apply to be entered on the list of professional representatives, any natural person who a) possesses the nationality of a Contracting State, b) has his place of business or the place of his employment in the State having acceded to the convention and c) is authorised to represent on patents for inventions of natural persons or legal entities before the central office of industrial property of the State.
Where that authority is not subject to the requirement of special professional qualifications, the person must have acted in that State as a representative on a regular basis for five years at least.
(4) the registration is made on request accompanied by certificates stating that the conditions referred to in paragraph 2 or 3 are fulfilled.
(5) the persons that are registered on the list of professional representatives are entitled to act in all proceedings established by this convention.
(6) for the purposes of acting as authorized agent, any person entered on the list referred to in paragraph 1 is empowered to have a professional domicile in a Contracting State in which occur the procedures instituted by the convention, taking into account the Protocol on centralisation annexed to this convention. The authorities of that State cannot remove this authorization only in specific cases and under national legislation relating to public order and public safety. The President of the European Patent Office should be consulted before taking such a measure.
((((7) the President of the European Patent Office may grant an exemption: a) to the requirement referred to in paragraph 2, letter a) or paragraph 3, letter a) in cases relating to a particular situation;
((b) waive the requirement under paragraph 3, letter c), second sentence, if the candidate furnishes proof that he has acquired otherwise qualified.
(8) the representation in the same way as an agent approved in proceedings established by this convention can be ensured by any lawyer authorised to practise in one of the Contracting States and are having professional domicile, insofar as it can act in that State as agent for patents for invention. The provisions of paragraph 6 shall apply.
71. the following new article 134bis is inserted after article 134: Institute of professional representatives before the European Patent Office Article 134bis (1) the Board has the jurisdiction to stop and change provisions: has) at the Institute of professional representatives before the European Office of patents, hereinafter referred to as the Institute;
(b) the qualifications and training required for admission to the European qualifying examination and the Organization of events of this review;
(c) to the disciplinary authority of the Institute or the European Office of patents on professional representatives;
(d) the duty of confidentiality of the professional representative and the right of the representative authorized to refuse to disclose in proceedings before the European Patent Office communications exchanged between him and his client or any other person.
(2) any person entered on the list of professional representatives referred to in article 134, paragraph 1 is member of the Institute.
72. article 135 is replaced by the following: application for commitment of the national procedure Article 135 (1) the central office of industrial property of a Contracting State designated initiates, on request of the applicant or the proprietor of a European patent, the grant of a national patent in the following cases: has) if the European patent application is deemed withdrawn under article 77 paragraph 3;
(b) in other cases provided by national law where, under this convention, the European patent application is rejected or withdrawn, or deemed to be withdrawn or the patent revoked.
((2) in the case referred to in paragraph 1, letter a), the request must be made to the service

national central industrial property with which the European patent application had been filed.
Subject to the provisions of national legislation relating to national defence, this service directly passes the request to the central services of the Contracting States referred to therein.
((3) in the cases referred to in paragraph 1, letter b), the request for conversion shall be submitted to the European Office of patents in accordance with the regulations. It is deemed requested only after payment of the conversion fee. The European Patent Office forwards the request to the central services of the industrial property of the States referred to therein.
(4) the European patent application ceases to produce the effects referred to in article 66 if the request for conversion is not passed in time.
73. article 136 shall be deleted.
74. article 137 shall be replaced by the following: formal requirements of processing Article 137 (1) a European patent application transmitted in accordance with article 135, paragraph 2 or 3 may, as to form, be submitted by national law to conditions different from those provided for by this convention or additional conditions.
((2) the central industrial property office to which the request is transmitted may require that, within a time limit which shall not be less than two months, the applicant: a) pay the national application fee;
b) in one of the official languages of the State concerned, to produce a translation of the original text of the European patent application and, where appropriate, a translation of the text amended during the procedure before the European Patent Office, on the basis of which he wants to takes place the national procedure.
75. article 138 shall be replaced by the following: invalidity of European patents Article 138 (1) subject to the provisions of article 139, the European patent may not be declared invalid with effect for a Contracting State only if: has) the object of the European patent is not patentable within the terms of articles 52 to 57;
(b) the European patent does not expose the invention in a manner sufficiently clear and complete to enable the skilled person to run it;
(c) the object of the European patent extends beyond the content of the application as filed or, where the patent was issued on the basis of a divisional application or a new application filed in accordance with article 61, if the subject matter of the patent extends beyond the content of the earlier application as filed;
(d) the protection conferred by the European patent has been extended;
or e) the proprietor of the European patent had no right to get it under the terms of article 60, paragraph 1.
(2) if the grounds for invalidity affect the patent in part, it is limited in the form of a corresponding amendment of the claims and is declared partially invalid.
(3) in proceedings before the Court or the competent authority concerning the validity of the European patent, the patent holder is entitled to limit the patent by amending the claims. Thus limited patent serves as the basis of the procedure.
76. article 140 is replaced by the following text: utility models and utility certificates national Article 140 articles 66, 124, 135, 137 and 139 are applicable to models of utility or utility as well as the corresponding applications in the Contracting States whose legislation provides for such titles of protection.
77. article 141 is replaced by the following: annual fees for the European patent Article 141 (1) the annual fees payable in respect of the European patent can be seen that for the years following that which is referred to in article 86, paragraph 2.
(2) if annual fees due in respect of the European patent expire within two months from the date on which the mention of the grant of the patent was published, said annual fees shall be deemed having been validly paid subject to be paid within the mentioned time. It is perceived no planned surcharge in respect of national legislation.
78. the following new 149bis article is inserted after article 149: other agreements between States contractors section 149bis (1) this convention shall be construed as meaning that it limits the right of all Contracting States or more of them to conclude specific agreements on issues relating to European patent applications or European patents which (under the terms of this convention, national law and are governed by him, including has) an agreement on the establishment of a European patents court common to the Contracting States parties audit agreement;
(b) an agreement on the establishment of a common entity Contracting States parties thereto giving, at the request of the courts or quasi-judicial authorities, opinions on questions relating to the European patent law or national law harmonized with it;
(c) an agreement pursuant to which contracting parties agreement waive in whole or in part to the translations of European patents in accordance with article 65;
(d) an agreement pursuant to which Contracting States parties thereto provide that translations of European patents required in accordance with article 65 may be filed with the European Patent Office and published by it.
(2) the governing body has jurisdiction to decide that) the members of the boards of appeal or of the enlarged Board of appeal may be part of a European Patent Court or a common entity and take part in the proceedings before this Court or that entity to the terms of such an agreement;
(b) the European Patent Office provides a common entity support staff, premises and equipment necessary for the exercise of its functions, and that the organization supports in whole or in part the costs associated with this entity.
79. the tenth part of the Convention is replaced by the following text: tenth part requests international within the meaning of the patent COOPERATION Treaty - claims EURO - PCT Article 150 Application of the Cooperation Treaty Patent Cooperation Treaty (1) the patent of June 19, 1970, hereinafter referred to as the PCT applies in accordance with the provisions of this part.
(2) international applications filed under the PCT may be procedures before the European Office of patents. In these procedures, the provisions of the PCT, its regulations and, in addition, those of this convention are applicable. The provisions of the PCT or its regulations shall prevail in case of discrepancy.
The European Office of patents, receiving Article 151 the Office European patent office acts as receiving office within the meaning of the PCT, in accordance with the regulations. Article 75, paragraph 2 shall apply.
The European Office of the International Searching Authority or examining the international preliminary examination Article 152 the Office European patent patents acts as an International Searching Authority and as international preliminary examining authority within the meaning of the PCT, in accordance with an agreement concluded between the Organization and the international Bureau of the world intellectual property organization for applicants who either have the nationality of a Contracting State of the convention, there have their domicile or their seat. This agreement may provide that the European Patent Office is also for any other applicant.

The European Office of patents, designated office or elected Article 153 (1) the European Patent Office office is has) designated office for any State party to the convention for which the PCT is in force, which is designated in the international application and for which the applicant indicates that he intends to get a European patent, and b) elected office, when the applicant has elected a State designated by the letter a).
(2) an international application for which the European Patent Office is designated or elected office and to which an international filing date has been assigned, is the value of a regular European application (euro-PCT application).
(3) the international publication of a euro-PCT application in an official language of the European Patent Office replaces the publication of the European patent application and it is mentioned in the European Patent Bulletin.
(4) if the euro-PCT application is published in another language, a translation into one of the official languages must be filed from the European Patent Office, which publishes it. Subject to the provisions of article 67, paragraph 3, the temporary protection referred to in article 67, paragraphs 1 and 2 is provided only from the date of this publication.
(5) the euro-PCT application is dealt with as a European patent application and shall be considered as comprised in the State of the art within the meaning of article 54, paragraph 3 If the conditions laid down in paragraph 3 or 4 and in the implementing regulations are met.
(6) the international search report on a euro-PCT application or the declaration that replaces it, and their international publication replaces the European search report and the mention of its publication in the European Patent Bulletin.
(7) it shall be the establishment of a supplementary European search report relating to any application

Euro-PCT in accordance with paragraph 5. The Governing Council may decide that a supplementary search report is waived or that the search fee is reduced.
80. articles 154, 155, 156, 157, 158, 159, 160, 161, 162 and 163 are deleted.
81. article 164 is replaced by the following: regulations and Protocols Article 164 (1) the implementing regulations, the Protocol on recognition, the Protocol on the privileges and immunities, the Protocol on centralisation, the Protocol to article 69 and the Protocol on the staff are an integral part of this convention.
(2) in the case of conflict between the provisions of this convention and those of the implementing regulations, the provisions of the convention prevail.
82. article 167 is deleted.
Protocols Article 2 1.
The Protocol to article 69 EPC is replaced by the following text: Protocol interpretive ARTICLE 69 EPC general principles Article 1 article 69 should not be interpreted as meaning that the extent of the protection conferred by the European patent is determined in the narrow sense and literal text claims that the description and drawings are only used to resolve ambiguities that may conceal claims.
It should not be interpreted to mean that claims are only guideline and protection also extends to what, in the opinion of a man skilled in the art having examined the description and drawings, the holder of the patent heard protect. Section 69 shall, however, be construed as setting between these extremes a position that ensures both a fair protection to the patentee with a reasonable degree of certainty for third parties.
Equivalents section 2 for the determination of the extent of the protection conferred by the European patent, due account shall be taken of any equivalent to an element specified in the claims.
2. the following workforce Protocol is inserted in the Convention on the European patent as an integral part thereof: Protocol on the staff of the OFFICE European of patents A Hague (Protocol on the staff) the European Patent Organisation ensures that the proportion of jobs in the European Patent Office assigned to the branch at the Hague, as defined in the organizational structure of jobs and table numbers for the year 2000 remains mostly unchanged.
Any change in the number of assigned jobs in the branch at the Hague resulting in a gap more than ten percent compared to this proportion, which proves to be necessary to ensure the proper functioning of the European Patent Office, requires a decision of the Board of Directors of the Organization, taken on the proposal of the President of the European Patent Office, after consultation with the Governments of the Federal Republic of Germany and the Kingdom of the Netherlands.
3. section Ire of the Protocol on centralisation is replaced by the following: Protocol on CENTRALISATION and the INTRODUCTION of the European system of patents (Protocol on the CENTRALISATION) Ire (1) Section a) has the date of entry into force of the convention, the States parties to the convention that are also members of the International Institute of the patent created by the agreement of the Hague from June 6, 1947 take all necessary measures to effect the transfer to the European Patent Office of all assets and all liabilities as well as all the staff of the International Patent Institute no later than the date referred to in article 162, paragraph 1 of the convention. Transfer modalities will be determined by an agreement between the Institute International Patent and the European Patent Organisation. The above States and other States parties to the convention take all necessary steps to ensure that this agreement be implemented no later than the date referred to in article 162, paragraph 1 of the convention. The date of this application, the Member States of the International Institute of patents which are also parties to the convention undertake furthermore to terminate their participation in the Hague Agreement.
b) States parties to the convention shall take all necessary measures to ensure that, under the terms of the agreement referred to in the letter has), all assets and all liabilities so that all the International Patent Institute staff are incorporated into the European Patent Office. As from the implementation of this agreement, will be performed by the European Patent Office, on the one hand, the tasks assumed by the International Institute of the patent at the time of the opening for signature of the convention, especially those regardless of whether or not he has with respect to its Member States, they become parties to the convention, on the other hand, the tasks that it will be committed to assume upon entry into force of the convention with respect to States which will in this date at the time members of the International Institute of the patent and the parties to the convention. In addition, the Governing Council of the European Patent Organisation can load the European Office of patents for other tasks in the field of research.
(c) the commitments referred above shall apply to the agency created under the Hague Agreement, and under the conditions laid down in the agreement concluded between the International Patent Institute and the Government of the Contracting State concerned. This Government is committed to conclude a new agreement replacing those already concluded with the International Patent Institute to harmonise the clauses relating to the Organization, operation and financing of the Agency with the provisions of this Protocol with the European Patent Organisation.
(2) subject to the provisions of section III, the States parties to the convention shall waive, for their central industrial property services for the benefit of the European Patent Office, any activity that they would be likely to exercise in an ISA research within the meaning of the Cooperation Treaty patent, from the date referred to in article 162 , paragraph 1 of the convention.
((3) has) an agency of the European Patent Office is founded in Berlin, from the date referred to in article 162, paragraph 1 of the convention. It falls within the branch at the Hague.
(b) the Board of Directors sets the distribution of the tasks of the Agency in Berlin, taking into account considerations and the needs of the European Office of patents.
(c) at least at the beginning of the following period the progressive extension of the scope of activity of the European Patent Office, the volume of the work entrusted to the Agency should allow to fully occupy staff reviewer of the annex to Berlin of the German Office of patents in function on the date of opening for signature of the convention.
(d) the Federal Republic of Germany shall bear all additional costs resulting for the European Organization patent, the creation and the functioning of the Agency in Berlin.
New text of the Convention Article 3 (1) the Governing Council of the European Patent Organisation is authorized to establish, on a proposal from the President of the European Patent Office, a new text of the European Patent Convention. In this new text, the provisions of the Convention must, if necessary, be harmonized editorially in the three official languages. In addition, the provisions of the Convention may be the object of a new consecutive numbering and cross-references to other provisions of the Convention be amended to reflect the renumbering.
(2) the Management Board shall adopt the new text of the Convention by a majority of three quarters of the Contracting States represented and voting. Once adopted, the new text of the Convention becomes an integral part of the present revision Act.
Signature and ratification Article 4 (1) this Act of revision is open until September 1, 2001 for signature by the Contracting States to the European Patent Office in Munich.
(2) this Act of revision is subject to ratification; instruments of ratification shall be deposited with the Government of the Federal Republic of Germany.
Article 5 membership (1) the present deed of revision is open until its entry into force to the accession of the States parties to the Convention and States which ratify the Convention or which adhere.
(2) the instruments of accession shall be deposited with the Government of the Federal Republic of Germany.
Application to provisionally Article 6 article 1, points 4 to 6 and 12 to 15, article 2, points 2 and 3, articles 3 and 7 of this Act of revision shall apply provisionally.
Transitional provisions Article 7 (1) the revised text of the Convention applies to all European patent applications filed after its entry into force and to European patents granted on the basis of these requests. It does not apply to patents already issued during its entry into force, nor to European patent applications that are pending on that date, unless otherwise provided by the Governing Council of the European Patent Organisation.
(2) the Governing Council of the European Patent Organisation shall take a decision in accordance with paragraph 1 on 30 June 2001 no later than the majority of three quarters of the Contracting States represented and voting. This decision becomes an integral part of the present revision Act.
Entry into force Article 8 (1)

The revised text of the European Patent Convention shall enter into force two years after the filing of the last of the instruments of ratification or accession by 15 Contracting States either the first day of the third month following the deposit of the instrument of ratification or accession of the contracting Member State conducting the last of all to this formality whichever is earlier.
(2) A the entry into force of the revised text of the Convention, the text of the valid Convention up to that date ceases to be in force.
Transmissions and notifications Article 9 (1) the Government of the Federal Republic of Germany establishes certified copies of the present deed of revision and transmits them to the Governments of the Contracting States and States that may accede to the Convention on the European patent under article 166, paragraph 1.
((2) the Government of the Federal Republic of Germany shall notify the Governments of the States referred to in paragraph 1: a) the deposit of any instrument of ratification or accession;
(b) the date of entry into force of this Act of revision.
In faith whereof the Plenipotentiaries designated for this purpose, having presented their full powers, found in good and due form, have signed the present deed of revision.
Done at Munich, on 29 November two thousand and in one copy in the languages German, English and French, the three texts being equally authentic. This copy is deposited in the archives of the Government of the Federal Republic of Germany.
For the consultation of the table, see image text of the convention on the grant of European patents (European Patent Convention), adopted by the Governing Council in its decision of 28 June 2001 first ' RE part provisions General and institutional chapter I:. -Provisions general European law for the grant of patents Article 1 established by this convention a law common to the Contracting States for the grant of patents for invention.
European patent Article 2 (1) patents granted under this convention are called European patents.
(2) in each of the States Contracting for which it is issued, the European patent has the same effect and is subject to the same regime as a national patent granted in that State, unless this agreement provides otherwise.
Territorial scope Article 3 the grant of a European patent may be requested for one or more of the Contracting States.
The EPO Article 4 (1) is hereby established by this convention a European Patent Organization hereinafter referred to as the organization. It has administrative and financial autonomy.
((2) the organs of the Organization are: a) the European Patent Office;
(b)) the Board of Directors.
(3) the organization is responsible for granting European patents.
This task is performed by the European Patent Office under the control of the Board of Directors.
Conference of Ministers of the Contracting States Article 4bis a conference of Ministers of the relevant Contracting States Patent meets at least every five years to discuss issues relating to the Organization and the European patent system.
CHAPTER II. -The European Organisation of patent status legal Article 5 (1) the Organization shall have legal personality.
(2) in each of the Contracting States, the Organization has the most extensive legal capacity accorded to legal persons under national legislation; It may in particular acquire or dispose of real estate and movable property and institute legal proceedings.
(3) the President of the European Patent Office represents the organization.
Article 6 (1) the Organization has its headquarters in Munich.
(2) the European Patent Office is located in Munich. It has a Department in the Hague.
Agencies of the European Office of patents Article 7 by decision of the Board of Directors, agencies of the European Patent Office can be created as necessary, for the purpose of information liaison, in the Contracting States or from intergovernmental organizations on industrial property, subject to the consent of the concerned Contracting State or organization concerned.
Privileges and immunities Article 8 the Protocol on privileges and immunities annexed to this convention defines the conditions in which the Organization, the members of the Board of Directors, the officers of the European Office of patents as well as all other persons mentioned in this Protocol and participating in the activities of the Organization shall enjoy, in each Contracting State, the privileges and immunities as are necessary for the accomplishment of their mission.
Liability Article 9 (1) the contractual liability of the organization is governed by the law applicable to the contract in question.
(2) the non-contractual liability of the Organization in relation to the damage caused by it or by the agents of the European Patent Office in the exercise of their functions is governed by the law in force in the Federal Republic of Germany. If the damage was caused by the branch at the Hague or by an agency, or by members of staff of the Department or agency, the applicable law is that of the Contracting State in which the Department or agency is located.
(3) the personal liability of officers of the European Office of patents to the organization is governed by their status or the regime that is applicable to them.
((4) the competent courts for disputes to be referred to in paragraphs 1 and 2 are: has) regards the disputes referred to in paragraph 1, the courts of the Federal Republic of Germany, the absence of the appointment of a Court of another State in the contract concluded between the parties;
(b) in relation to disputes referred to in paragraph 2, the courts of the Federal Republic of Germany or the State in which the Department or agency is located.
CHAPTER III. -European Patent Office of the Direction Article 10 (1) the European Patent Office is led by the President, who is responsible for the activities of the Office to the Board of Directors.
((2) to this end, President has particular functions and following skills: has) he shall take all necessary steps, including the adoption of internal administrative instructions and the information of the public, to ensure the functioning of the European Patent Office;
(b) it determines, unless this agreement provides otherwise, acts which must be made respectively at the European Office patents in Munich, or his Department at the Hague;
(c) it may submit to the Board of Directors any proposed amendment of this convention, general regulation or decision which falls within the competence of the Board of Directors;
(d) prepares and executes the budget as well as any additional or amending budget;
(e) it shall annually submit a progress report to the Governing Council;
(f) exercising hierarchical authority over personnel;
(g) subject to section 11, it appoints officers and decides on their progress;
(h) exercise disciplinary authority over agents other than those referred to in article 11 and may propose to the Board of Directors of disciplinary sanctions against the officers referred to in article 11, paragraphs 2 and 3;
(i) he may delegate its functions and competences.
(3) the President is assisted by several Vice-presidents. In case of absence or impediment of the President, one of the Vice-presidents exercises its functions in accordance with the procedure laid down by the Governing Council.
Appointment of senior staff Article 11 (1) the President of the European Patent Office is appointed by the Board of Directors.
(2) the Vice-presidents are appointed by the Board of Directors, the President of European Patent Office of the course.
(3) the members of the boards of appeal and the enlarged Board of appeal, including their presidents, are appointed by the Governing Council on a proposal from the President of the European Patent Office. They may be reappointed by the Board of Directors, the President of European Patent Office of the course.
(4) the Executive Board shall exercise disciplinary authority over the officials referred to in paragraphs 1 to 3.
(5) the Board of Directors may, the President of the European Patent Office course, also appoint as members of the enlarged Board of appeal of the legally qualified members of national courts or quasi judicial authorities of the Contracting States, who may continue to exercise their judicial at national level. They are appointed for a period of three years and may be reappointed.
Duties of the service Article 12 officers of the European Patent Office shall, even after the termination of their functions, do not disclose or use information which, by their nature, are covered by professional secrecy.
Disputes between the Organization and the employees of the European patent Article 13 Office (1) the officers or former officers of the European patent, or their privies, Office may have recourse to the Administrative Tribunal of the international labour for disputes between the European Organization patent, in accordance with the said Tribunal Statute and within the limits and conditions laid down by the staff regulations of officials by the regulation of pensions or resulting from the arrangements applicable to other servants.
(2)

An appeal is admissible only if the person concerned has exhausted all means of redress that are open to him by the staff regulations of officials, by the regulation of pensions or the arrangements applicable to other servants.
Languages of the European Office of patents, European patent applications and other documents Article 14 (1) the official languages of the European Patent Office are German, English and the french.
(2) a European patent application must be filed in one of the official languages or, if it is filed in a different language, translated into one of the official languages, in accordance with the regulations. During the proceedings before the European Patent Office, the translation may be made consistent with the text of the application as originally filed. If the required translation is not filed within the time limits, the application is deemed withdrawn.
(3) the official language of the European Patent Office in which the European patent application has been filed or translated must be used as the language of the proceedings, unless the regulations provides otherwise, in all proceedings before the European Patent Office.
(4) the natural or legal persons having their domicile or their seat in a Contracting State having one language other than German, English or french as an official language, and nationals of that State who live abroad can produce parts in an official language of this State, to be produced within a specified period. However, they are required to produce a translation in an official language of the European Office of patents in accordance with the regulations. If a piece other than the components parts of the European patent application is not filed in the prescribed language or if a required translation is not filed within the time limits, the piece is deemed have not been produced.
(5) European patent applications are published in the language of the proceedings.
(6) the European patent specifications are published in the language of the proceedings and include a translation of the claims into the two other official languages of the European Patent Office.
((7) are published in the three official languages of the European Patent Office: a) the European Patent Bulletin.
(b)) the Official Journal of the European Patent Office.
(8) entries in the register of European patents are carried out in the three official languages of the European Patent Office. In case of doubt, the entry in the language of the proceedings shall be authentic.
Bodies responsible for procedures Article 15 to the implementation of the procedures laid down by this convention, shall be established at the European Patent Office: has) a receiving section;
(b) divisions of the research;
(c) review divisions;
(d) opposition divisions;
(e) a legal division;
(f) boards of appeal;
(g) an enlarged Board of appeal.

Receiving Article 16 receiving section section is competent to examine applications for European patents at the time of filing and form requirements.
Article 17 search divisions the search divisions are competent to establish European search reports.
Divisions review Article 18 (1) the review divisions are competent to examine applications for European patents.
(2) an examining division consists of three technical examiners. However, the statement of the European patent application is, as a general rule, entrusted to one of the members of the examining division. The oral procedure takes place before the examining division itself. If it considers that the nature of the decision so requires, the examining division is completed by an examiner lawyer. In case of equal division of votes, the vote of the Chairman of the examining division is dominating.
Divisions of proceedings Article 19 (1) the opposition divisions are competent to examine objections to European patents.
(2) an opposition division shall consist of three technical examiners, two at least must not have participated in the proceedings for grant of the patent which is the subject of the opposition. An examiner who has participated in the European patent grant procedure cannot exercise the Presidency. The opposition division may entrust one of its members the statement of opposition.
The oral procedure takes place before the opposition division itself. If it considers that the nature of the decision so requires, the opposition division is completed by an examiner lawyer who must not have participated in the proceedings for grant of the patent. In case of equal division of votes, the vote of the Chairman of the opposition division is dominating.
Legal Division Article 20 (1) the legal division is responsible for any decision, on the one hand, the particulars to be entered on the European register of patents, on the other hand, the inscription on the list of professional representatives and their removal of the.
(2) the decisions of the legal division are made by a legally qualified member.
Boards of appeal Article 21 (1) the boards of appeal are competent to examine appeals against the decisions of the receiving section, divisions of examination, opposition and legal division divisions.
(2) in the case of an appeal against a decision of the Division of deposit or the legal division, the Board of Appeal consists of three legally qualified members.
((3) in the case of an appeal against a decision of an examining division, the Board of Appeal consists of: has) two technical members and one legal member where the decision is related to the rejection of an application for European patent or to the issuance, the limitation or revocation of a European patent, and it was issued by an examining division consisting of less than four members;
(b) three technical members and two legally qualified members when the decision was rendered by an examining division consisting of four members, or if the Board of appeal considers that the nature of the appeal so requires;
(c) three members Jurists in all other cases.
((4) in the case of an appeal against a decision of an opposition division, the Board of Appeal consists of: has) two technical members and one legal member when the decision was rendered by a three-member opposition division;
(b) three technical members and two legally qualified members when the decision was rendered by a four-member opposition division or the Board of appeal considers that the nature of the appeal so requires.
Enlarged Board of appeal Article 22 (1) the enlarged Board of appeal is competent for: has) to determine questions of law submitted by the boards of appeal under section 112;
(b) give opinions on questions of law referred to it by the President of the European Office of patents under section 112;
c) rule on requests for review of decisions of the boards of appeal under article 112A.
((2) in the procedures provided for in paragraph 1 a) and b), the enlarged Board of Appeal consists of five legally qualified members and two technical members. In the procedures provided for in paragraph 1 (c)), the enlarged Board of Appeal consists of three or five members, in accordance with the regulations. In all proceedings, is chaired by a legally qualified member.
Independence of the members of the Chambers Article 23 (1) the members of the enlarged Board of appeal and the boards of appeal shall be appointed for a period of five years and cannot be removed from office during this period, except for serious reasons and if the Board of Directors, on proposal of the enlarged Board of appeal, takes a decision to this effect. Notwithstanding the provisions of the first sentence, the mandate of the members of the boards of appeal shall terminate in the event of resignation or retirement in accordance with the staff regulations of officials of the European Patent Office.
(2) the members of the boards may be members of the receiving section, review divisions, divisions of opposition or the legal division.
(3) in their decisions the members of the boards are bound by any instructions and shall comply with the provisions of this convention.
(4) the rules of procedure of the boards of appeal and the enlarged Board of appeal shall be adopted in accordance with the regulations. They are subject to the approval of the Board of Directors.
Forbearance and objection Article 24 (1) the members of a Board of appeal and the enlarged Board of appeal cannot participate in the settlement of a case if they have a personal interest, if they there have previously been involved as representatives of one of the parties, or if they participated in the decision which is the object of the action.
(2) If, for any of the reasons mentioned in paragraph 1 or for any other reason a member of a Board of appeal or of the enlarged Board of appeal considers not be able to participate in the settlement of a case, it shall notify the Chamber.
(3) the members of a Board of appeal and the enlarged Board of appeal may be objected to by any party for one of the reasons mentioned in paragraph 1 or if they can be suspected of partiality. The challenge is not admissible when the party in question has carried out acts of procedure although it was already aware of the ground of challenge. The disqualification cannot be based on the nationality of members.
(4) the boards of appeal and the enlarged Board of appeal shall decide,

in the cases referred to in paragraphs 2 and 3 without the participation of the Member concerned. In making this determination, the disqualified member is replaced by his Deputy.
Technical opinion Article 25 A the request of the competent national court seised of the action for infringement or declaration of invalidity, the European Patent Office shall provide, upon payment of an appropriate royalty, a technical opinion on the European patent at issue. The review divisions are responsible for the issuance of such notice.
CHAPTER IV. -The Board of Directors Composition Article 26 (1) the Board of Directors consists of representatives of the Contracting States and their alternates. Each Contracting State has the right to appoint a representative to the Board of Directors and an alternate.
(2) the members of the Board of Directors may be assisted by advisers or experts, in accordance with the rules of procedure of the Governing Council.
Presidency Article 27 (1) the Board of Directors shall elect from among the representatives of the Contracting States and their alternates a Chairman and a Vice-Chairman. The Vice President replaces right President in the event of incapacity.
(2) the term of office of the President and the Vice-president is three years. This mandate is renewable.
Office Article 28 (1) the Board of Directors may establish a Bureau consisting of five of its members, as the number of Contracting States is eight at least.
(2) the Chairman and the Vice-Chairman of the Board of Directors are members of the Bureau; the other three members are elected by the Board of Directors.
(3) the term of office of the members elected by the Board of Directors is three years. This mandate is not renewable.
(4) the Office performs the tasks that the Board of Directors entrusted in accordance with the rules of procedure.
Sessions Article 29 (1) the Board of Directors shall be convened by its Chairman.
(2) the President of the European Patent Office took part in the deliberations of the Governing Council.
(3) the Board of Directors holds a regular session once a year; In addition, it shall meet at the initiative of its President or at the request of one third of the Contracting States.
(4) the governing body shall act on the basis of a specific agenda, in accordance with its rules of procedure.
(5) any matter sought to be the inclusion in the agenda of the day by a State contractor in accordance with the rules of procedure is included in the provisional agenda.
Participation of observers Article 30 (1) the intellectual property World Organisation is represented at the sessions of the Board of Directors, in accordance with an agreement between the Organization and the world intellectual property organization.
(2) other intergovernmental organizations responsible for implementing international procedures in the field of patents, with which the Organization has concluded an agreement, are represented at the sessions of the Governing Council, in accordance with this agreement.
(3) any other intergovernmental or international non-governmental organization exercising an activity relevant to the organization may be invited by the governing body to be represented at its sessions in any discussion of matters of common interest.
Languages of the Governing Council Article 31 (1) the languages used in the deliberations of the Governing Council are German, English and the french.
(2) the documents submitted to the Board of Directors and the minutes of its deliberations are established in the three languages mentioned in paragraph 1.
Local and hardware personnel Article 32 the European Patent Office puts at the disposal of the Board of Directors and committees that it has set up the personnel, premises and facilities necessary for the performance of their mission.
Jurisdiction of the Board in some cases Article 33 (1) the Executive Board has jurisdiction to modify: a) the provisions of this convention to the extent where they set the duration of a time limit;
b) provisions from the second to the eighth part as well as the tenth part of this agreement to ensure compliance with an international treaty relating to patents or the legislation of the European Community patent;
(c) the implementing regulations).
((2) the Board has jurisdiction, in accordance with this convention, to stop and change: a) the financial regulation;
(b)) the staff regulations of officials and the arrangements applicable to other servants of the European Patent Office, the scale of their remuneration as well as the nature and the rules for granting of ancillary benefits;
c) pensions regulations and any increases in existing pension corresponding to the bearings of the treatments;
(d) the fees regulation);
(e) its rules of procedure).
(3) Notwithstanding article 18, paragraph 2, the governing body has jurisdiction to decide, if experience warrants it, that, in certain categories of cases, the review divisions consist of one technician examiner. This decision may be reported.
(4) the governing body has jurisdiction to authorize the President of the European Office of patents to negotiate and, subject to its approval, to conclude, on behalf of the European Patent Organization, agreements with States or intergovernmental organizations as well as with documentation centres created through agreements with these organizations.
(5) the Board may take a decision under paragraph 1 (b)):-with regard to an international treaty before its entry into force;
-in relation to legislation of the European Community, before its entry into force or, where it provides a time limit for its implementation before the expiry of this period.
Right to vote Article 34 (1) the Contracting States have only right to vote in the Board of Directors.
(2) subject to the application of article 36, each Contracting State shall have one vote.
Votes Article 35 (1) subject to the provisions of paragraphs 2 and 3, the Governing Council takes its decisions by a simple majority of the Contracting States represented and voting.
(((2) require a majority of three quarters of the Contracting States represented and voting decisions within the jurisdiction of the Board under section 7 of article 11, paragraph 1, of article 33, paragraphs 1 (a)) and (c)) and 2 to 4, article 39, paragraph 1, article 40, paragraphs 2 and 4, article 46, article 134bis in article 149bis, paragraph 2, article 152, article 153, paragraph 7 and article 166 article 172.
((3) require the unanimity of the States Contracting Parties voting decisions within the jurisdiction of the governing body under article 33, paragraph 1 (b)). The Board of Directors takes these decisions only if all Contracting States are represented. A decision taken pursuant to article 33, paragraph 1 (b)) does not take effect if a Contracting State declares, within a period of twelve months from the date of the decision, that he wishes to not be bound by that decision.
(4) forbearance is not considered to be a vote.
Weighting of votes Article 36 (1) for the adoption and the amendment of the regulations relating to fees so that if the burden of the Contracting States is increased, for the adoption of the budget of the Organization and by amending or additional budgets, any Contracting State may require, after a first ballot in which each Contracting State shall have one vote and the result of this ballot that it is conducted immediately to a second ballot, in which votes are weighted in accordance with the provisions of paragraph 2. The decision is the result of this second ballot.
((2) the number of votes which each Contracting State shall have in the new poll is calculated as follows: has) the number corresponding to the percentage that results for each Contracting State to the allocation key outstanding financial contributions provided for in article 40, paragraphs 3 and 4 is multiplied by the number of Contracting States and divided by five;
(b) the number of votes so calculated is rounded to the next whole number;
(c) the number of votes in addition to five additional voices;
(d) However, any Contracting State may have more of thirty votes.
Chapter V. - Financial provisions the budget Article 37 the budget of the organization is funded: has) by the Organization's own resources;
(b) by the payments by the Contracting States in respect of the fees for maintenance of European patents levied in these States;
(c) if necessary, by exceptional financial contributions of the Contracting States;
d) where appropriate, by the revenue provided for in article 146;
(e) where appropriate and exclusively for capital assets, by borrowing contracted from third parties and guaranteed by land or buildings;
(f) where appropriate, by funds from third parties for specific projects).
Own resources of the organization Article 38 of the Organization's own resources include: a) all revenue from taxes and other sources as well as the Organization's reserves.
(b)) the resources of the pension reserve fund, which should be regarded as a special organization to assist its pension plan by appropriate reserve.

Payments by the Contracting States in respect of the fees for maintenance of European patents

Article 39 (1) each State Contracting shall pay to the Organization, in respect of each tax collected for the maintenance of a European patent in that State, a sum whose amount corresponds to a percentage of that fee, to be fixed by the Governing Council, which may not exceed 75% and is uniform for all Contracting States. If said percentage corresponds to a minimum uniform lower amount fixed by the Board of Directors, the Contracting State shall pay this minimum to the organization.
(2) each Contracting State shall communicate to the Organization all elements deemed necessary by the Governing Council to determine the amount of these payments.
(3) the date on which such payments shall be carried out is set by the Board of Directors.
(4) If a payment is not fully on the fixed date, the Contracting State is liable to pay, from this date, interest on the unpaid amount.
Level of taxes and Contributions payments outstanding Article 40 (1) the amount of fees and percentage, respectively referred to in articles 38 and 39, shall be determined in such a way that the corresponding revenue allow for balancing the budget of the organization.
(2) However, when the organization is unable to balance the budget under the conditions laid down in paragraph 1, Contracting States shall pay to the Organization of exceptional financial contributions, whose amount is fixed by the Board of Directors for the fiscal year under consideration.
((3) exceptional financial contributions shall be determined for each of the Contracting States on the basis of the number of patent applications filed in the penultimate year preceding the entry into force of the present convention and on the scale hereinafter: has) for half, proportionally with the number of patent applications filed in the Contracting State concerned;
(b) for half, proportionally with the number of patent applications filed by natural and legal persons having their domicile or their seat in the territory of that State in the other Contracting States placed in the second position, in descending order of the deposits made by such persons in other Contracting States.
However, the sums paid by the States in which the number of patent applications filed exceeds 25,000 are listed globally and across new proportionally to the total number of patent applications filed in those States.
(4) where the amount of the contribution of a Contracting State cannot be determined under the conditions laid down in paragraph 3, the Board of Directors set this amount in accordance with the State concerned.
(5) article 39, paragraphs 3 and 4 is applicable to exceptional financial contributions.
(6) the outstanding financial contributions shall be reimbursed with interest whose rate is uniform for all Contracting States. Refunds are involved insofar as it is possible to make provision therefor in the budget and thus provision will be divided between Contracting States on the basis of the key referred to in paragraphs 3 and 4.
(7) exceptional financial contributions paid in a particular year are fully reimbursed before that it could proceed to the total or partial repayment of any outstanding contribution during a subsequent financial year.
Advances Article 41 (1) on request of the President of the European Patent Office, the Contracting States agree to the Organization of cash advances, credited to their payments and contributions, within the limit of the amount fixed by the Board of Directors.
These advances are divided in proportion to the amounts due by the Contracting States in the current year.
(2) article 39, paragraphs 3 and 4 is applicable to advances.
Budget Article 42 (1) the budget of the Organization must be balanced. It is prepared according to generally accepted accounting principles, as defined in the financial regulation. As necessary, amending or additional budgets may be established.
(2) the budget is prepared in the unit of account established by the financial regulation.
Spending Article 43 (1) the expenditure entered in the budget are allowed for the duration of the fiscal year, unless the financial regulation provides otherwise.
(2) pursuant to the financial regulation, appropriations which are not used at the end of the fiscal year, with the exception of those relating to staff costs, may be the subject of a report which will be limited to the following financial year only.
(3) appropriations are classified under different chapters grouping items of expenditure according to their nature or purpose and subdivided, as necessary, in accordance with the financial regulation.
Appropriations for unforeseeable expenditure Article 44 (1) appropriations for unforeseen expenses may be included in the budget of the organization.
(2) the use of these appropriations by the organization is subject to the prior authorization of the governing body.
Article 45 the fiscal budget year begins on 1 January and ends on 31 December.
Preparation and adoption of the budget Article 46 (1) the President of the European Patent Office shall submit the draft budget to the Board of Directors no later than the date fixed by the financial regulation.
(2) the budget as well as any additional or amending budget shall be adopted by the Governing Council.
Provisional budget Article 47 (1) If, at the beginning of a fiscal year, the budget has not yet been finalized by the Board of Directors, expenditures may be made monthly per chapter or by another division, in accordance with the financial regulation, within the limits of one twelfth of the appropriations in the budget of the previous year, although this can have the effect of putting at the disposal of the President of the European Office of patents of the appropriations higher than twelfth of those provided in the draft budget.
(2) the Board of Directors may, subject to the other conditions laid down in paragraph 1 are observed, authorise expenditure in excess of one twelfth.
(3) A provisional basis, the payments referred to in article 37 (b)) will continue to be made under the conditions laid down in article 39 for the year preceding that in which the draft budget relates.
(4) the Contracting States shall pay each month, on a provisional basis and in accordance with the key referred to in article 40, paragraphs 3 and 4, all outstanding financial contributions necessary to ensure the application of paragraphs 1 and 2. Article 39, paragraph 4 is applicable to these contributions.
Implementation of the budget Article 48 (1) the President of the European Patent Office shall implement the budget as well as amending or additional budgets, on its own responsibility and within the limits of the appropriations allotted.
(2) to the Interior of the budget, the President of the European Office of patents may, subject to the limits and conditions laid down in the financial regulations, to transfer appropriations, either from chapter to chapter or subdivision to another.
Audit Article 49 (1) the accounts of all revenue and expenditure of the budget, as well as the balance sheet of the Organization, are examined by the Auditors offering all guarantees of independence, appointed by the Board of Directors for a period of five years which may be extended or renewed.
(2) the verification takes place on parts and if necessary on the spot. The audit is designed to observe the legality and regularity of revenue and expenditure and to ensure sound financial management. Commissioners establish a report that contains a certification of accounts signed after the close of each fiscal year.
(3) the President of the European Patent Office shall submit each year to the Governing Council the accounts of the preceding financial year relating to operations of the budget and the balance sheet of the assets and liabilities of the Organization, accompanied by the report of the Auditors.
(4) the Board of Directors approves the annual balance sheet and the report of the Auditors and gives discharge to the President of the European patent for the execution of the budget Office.
Financial regulation Article 50 the financial regulation determines inter alia: has) the terms relating to the establishment and execution of the budget as well as accountability and the auditing of the accounts;
(b) the terms and procedure whereby the payments and contributions provided for in article 37, as well as the advances provided for in article 41 must be put at the disposal of the Organisation by the Contracting States;
c) rules and the Organization of the control and the responsibility of the authorising officers and accountants;
(d) the rate of interest provided for in articles 39, 40 and 47);
e) the modalities for the calculation of contributions to be paid in respect of section 146;
f) the composition and tasks of a budget and Finance Committee which should be established by the Board of Directors;
(g) accounting principles generally agreed on which are based the budget and the annual financial statements.
Fees Article 51 (1) the European Patent Office may collect taxes for any task or formal procedure carried out under this convention.
(2) the deadline for payment of fees other than those fixed by this convention are laid down in the implementing regulation.
(3) when the implementing regulations

prescribes the payment of a fee, it also provides the legal consequences of failure to pay within the time limits.
(4) the fees regulation including fixed the amount of the fees and their mode of perception.
SECOND ' ME part law of patents chapter I.
-Patentability Inventions patentable Article 52 (1) European patents are granted for any inventions in all fields of technology, provided that they are new, involve an inventive step and are capable of industrial application.
((2) are not considered as inventions within the meaning of paragraph 1 including: a) discoveries, scientific theories and mathematical methods;
(b) aesthetic creations;
(c) plans, rules and methods for the exercise of intellectual activities, playing games or in the field of economic activities as well as the computer;
d) presentations of information.
(3) paragraph 2 excludes the patentability of elements it lists when the European patent application or European patent relates to one of these elements, considered as such.
Exceptions to patentability Article 53 patents Europeans are not issued for: a) inventions whose commercial exploitation would be contrary to public order or morality, such a contradiction cannot be inferred merely because the exploitation is prohibited, in all Contracting States or in several of them, by any law or regulation;
b) plant varieties or animal varieties and essentially biological processes for the production of plants or animals, this provision do not apply to microbiological processes and the products thereof;
(c) the methods of surgical or therapeutic treatment of the human or animal body and diagnostic methods practised on the human or animal body, this provision is not applicable to products, particularly substances or compositions, for the implementation of one of these methods.
Novelty Article 54 (1) an invention is considered new if it is not included in the State of the art.
(2) the State of the art consists of everything which has been made available to the public before the date of filing of the application of European patent by a written description or oral, use, or any other way.
(3) is also regarded as included in the State of the art the content of European patent applications as they were filed, which have a filing date earlier than that referred to in paragraph 2 and which were published only on that date or at a later date.
((4) paragraphs 2 and 3 shall not exclude the patentability of any substance or composition comprised in the State of the art for the implementation of a method referred to in article 53 c), provided that its use for any of these methods is not included in the State of the art.
((5) paragraphs 2 and 3 shall not exclude the patentability of any substance or composition referred to in paragraph 4 for any specific use in a method referred to in article 53 c), provided that this use is not comprised in the State of the art.
Non-prejudicial disclosures Article 55 (1) for the purposes of article 54 a disclosure of the invention is not taken into consideration if it occurred no earlier than six months before the filing of the European patent application and if resulting directly or indirectly: a) an evident abuse in relation to the applicant or his predecessor in title or b) the fact that the applicant or his predecessor in title has exhibited the invention in official exhibitions or officially recognised within the meaning of the Convention relating to international exhibitions, signed at Paris on 22 November 1928 and last revised on 30 November 1972.
(2) in the case referred to in paragraph 1 (b)), the latter is applicable only if the applicant States, when filing the European patent application, that the invention has been actually exposed and produced a statement in support of its declaration within the time limit and under the conditions laid down in the implementing regulation.
Inventive step Article 56 an invention is considered as involving an inventive step if, to a man skilled in the art, it is not an obvious way to the State of the art. If the State of the art also includes documents referred to in article 54, paragraph 3, they are ignored in consideration for the assessment of inventive step.
Article 57 industrial applicability an invention is considered as susceptible of industrial application if it can be made or used in any kind of industry, including agriculture.
CHAPTER II. -Persons entitled to apply for and to get a European patent - Designation of inventor authorization to file a European patent application Article 58 any natural or legal person and any company deemed to be a legal person under the law governing it may apply for a European patent.

Plurality of applicants Article 59 a European patent application may also be filed either by the co-applicants, several applicants designating different Contracting States.
Right to a European patent Article 60 (1) the right to the patent belongs to the inventor or his successor in title. If the inventor is an employee, the right to the European patent is defined under the law of the State in which the employee performs his main activity; If the State in which operates the main activity cannot be determined, the applicable law is that of the State in which is situated the establishment of the employer at which the employee is attached.
(2) If several persons have made the invention independently of the other, the right to the European patent belongs to that which the European patent application filing date the oldest, subject that this first application has been published.
(3) in proceedings before the European Patent Office, the applicant is deemed authorised to exercise the right to the European patent.
European patent application filed by a person not entitled Article 61 (1) If a decision res judicata has recognized the right to the grant of the European patent to one person other that the applicant, that person may, in accordance with the regulations: has) continue, instead of the applicant, the procedure relating to the European patent application ((, taking this request to its account, b) file a new European patent for the same invention, or c application) request the rejection of the European patent application.
((2) article 76, paragraph 1, is applicable to any new European patent application filed under paragraph 1 (b)).
Right of the inventor to be named Article 62 the inventor shall have the right, against the owner of the patent or the European patent application to be designated as such at the European Patent Office.
CHAPTER III. -Effects of the European patent and the European patent application duration of the patent Article 63 (1) the duration of the patent is 20 years from the date of filing of the application.
((2) paragraph 1 does not limit the right of a Contracting State to extend the term of a European patent or to grant a corresponding protection upon expiry of this period with the same conditions as those applicable to national patents) to take account of a State of war or a State of comparable crisis affecting the State.
(b) if the object of the patent is a product or a process or a use of a product which, before being put on the market in that State, is subject to an administrative procedure of authorization established by law.
(3) the provisions of paragraph 2 shall apply to European patents granted jointly for any group of Contracting States referred to in article 142.
(4) any Contracting State which provides for an extension of the term of the patent or corresponding protection under paragraph 2 (b)) may, on the basis of an agreement concluded with the Organization, transfer to the European Patent Office of the tasks relating to the application of these provisions.
Rights conferred by the European patent Article 64 (1) subject to paragraph 2, the European patent confers on its owner, from the date on which the mention of its grant is published in the European Bulletin of patents and in each of the Contracting States for which it has been issued, the same rights as it would confer a national patent granted in that State.
(2) if the object of the patent concerns a process, the rights conferred by the patent shall extend to products obtained directly by this process.
(3) any infringement of a European patent is valued in accordance with national legislation.
Translation of European patent contracting section 65 (1) any State may prescribe, when the European patent maintained as amended or limited by Office European patent is not drafted in one of its official languages, the holder of the patent shall supply to its central industrial property office a translation of the patent as granted, amended or limited in one of its official languages at its option, or, to the extent where that State has imposed the use of one specific official language, in that last language. The translation must be filed within a period of three months from the date of publication in the European Bulletin of the mention of the grant of patents

of the European patent or its maintenance as it has been modified, or its limitation, unless the State concerned grants a longer period.
(2) any Contracting State which has adopted provisions pursuant to paragraph 1 may prescribe that the holder of the patent pays, within a period fixed by the State, all or part of the costs of publication of the translation.
(3) any Contracting State may prescribe that if the provisions adopted pursuant to paragraphs 1 and 2 are not observed, the European patent is, from the outset, deemed without effect in this State.
Value of national filing of European deposit Article 66 the application of European patent to which a filing date has been granted has, in the designated Contracting States, the value of a regular national filing, taking into account, where appropriate, of the priority right invoked in support of the European patent application.
Rights conferred by the European patent application after publication Article 67 (1) (A) after its publication, the European patent application provides provisionally to the applicant, in the Contracting States designated in the application, the protection provided for in article 64.
(2) any Contracting State may provide that the European patent application does not ensure the protection provided for in article 64. However, the protection attached to the publication of the European patent application cannot be less than the legislation of the State concerned attaches to the mandatory publication of unexamined national patent applications. In any event, each Contracting State must at least provide until the publication of the European patent application, the applicant may require compensation in reasonable, fixed according to the circumstances of any person having exploited in that Contracting State, the invention subject matter of the European patent application, in conditions which, under national law, would set its responsibility if it were an infringement of a national patent.
(3) any Contracting State which does not have as an official language the language of the proceedings may provide that temporary protection referred to in paragraphs 1 and 2 is ensured only from the date on which a translation claims, either in one of the official languages of the State, at the option of the applicant, be, insofar as the State in question has imposed the use of a particular official language ((, in this last language: a) has been made available to the public under the conditions provided for in its national legislation, or b) was handed to the person exploiting the invention subject matter of the European patent application in that State.
(4) the effects of the European patent application provided for in paragraphs 1 and 2 are deemed null and void when the European patent application has been withdrawn or is deemed to be withdrawn or has been refused by a decision entered into force of res judicata. It in and the effects of the European patent application in a Contracting State whose designation has been withdrawn or is deemed to be withdrawn.
Effects of revocation or limitation of the patent Article 68 the European patent application as well as the European patent to which it gave rise are deemed not to have had from the outset the effects provided for in articles 64 and 67, to the extent where the patent has been revoked or limited in opposition, limitation or invalidity proceedings.
Scope of protection Article 69 (1) the extent of the protection conferred by the European patent or the European patent application is determined by the claims. However, the description and the drawings are used to interpret the claims.
(2) for the period up to the grant of the European patent, the extent of the protection conferred by the European patent application is determined by the claims contained in the application as published. However, such European patent that issued or such as amended in the course of the opposition, limitation or nullity proceedings determines retroactively the protection conferred by the application, insofar as such protection is not extended.
Text of the European patent application or European patent authentic Article 70 (1) the text of the European patent application or European patent in the language of the proceedings is the text which is authentic in all proceedings before the European Office of patents and in all Contracting States.
(2) However, if the European patent application was filed in a language which is not an official language of the European Patent Office, this text represents the application as filed within the meaning of this convention.
(3) any Contracting State may provide that a translation into one of its official languages, prescribed by this State under this convention, is considered in this report as being the text which is authentic, except in cases of revocation proceedings, if the European patent application or European patent in the language of the translation confers less protection than that conferred by the application or by such patent in the language of the proceedings.
(4) any Contracting State which adopts a provision pursuant to paragraph 3, a) must allow the applicant or the holder of the patent to produce a revised translation of the European patent or European patent application. This revised translation has no legal effect as long as the conditions laid down by the State Contracting pursuant to article 65, paragraph 2, or article 67, paragraph 3, have not been met;
(b) may provide that any person who, in that State, of good faith, started to exploit an invention or has made the effective and serious preparations for that purpose, unless this operation constitutes an infringement of the application or patent in the original translation text, may, after the revised translation has taken effect, to continue its operations in his business or for the needs thereof free of charge.
CHAPTER IV. -European patent as an object of property transfer and constitution of rights Article 71 the European patent application may be transferred or give rise to the establishment of rights for one or more of the designated Contracting States.
Transfer Article 72 the assignment of the European patent application must be made in writing and requires the signature of the parties to the contract.
License contract Article 73 a European patent application may be, in its entirety or in part, the subject of licences for all or part of the territories of the Contracting States designated.
Right applicable Article 74 unless this convention provides otherwise, the application European patent as object of property shall be subject, in each designated Contracting State and with effect in this State, the legislation applicable in that State to national patent applications.
TROISI'ME part the European chapter I patent application. (-Filing of the European patent application and requirements which it must meet the European patent application Article 75 (1) European patent applications may be filed: has) either with the European Patent Office;
(b) or, if the legislation of a Contracting State permits, and subject to article 76, paragraph 1, with the central industrial property or other competent authorities of that State. Any application so filed has the same effect as if it had been filed on the same date at the European Patent Office.
(((2) paragraph 1 cannot preclude the application of legislative or regulatory provisions which, in a Contracting State: a) govern inventions which, due to their purpose, may be communicated abroad without prior permission of the competent authorities of that State, or b) prescribe that any patent application must be filed with a national authority , or submit a prior authorization direct deposit from another authority.
European divisional applications Article 76 (1) any divisional European patent application must be filed directly with the European Office of patents in accordance with the regulations. It may be filed only for elements that extend beyond the content of the earlier application as filed;
insofar as this requirement is satisfied, the divisional application is deemed to be filed on the date of filing of the earlier application and enjoys the right of priority.
(2) all the Contracting States designated in the earlier application upon filing of a divisional application of European patent are deemed to be designated in the divisional application.
Transmission of European patent applications Article 77 (1) the central office of industrial property of the Contracting State transmits to the European Patent Office requests European patent to that service or to any other competent authority of that State, in accordance with the regulations.
(2) a European patent application whose subject was held incommunicado is not forwarded to the European Patent Office.
(3) any European patent application which is not transmitted to the European Office of patents in time is deemed to be withdrawn.
Requirements to be met by the European patent application Article 78 (1) the European patent application must contain: a) a request for grant of a European patent;
(b) a description of the invention;
(c) one or more claims;
d) the drawings to which relate the description or the claims;
(e) an abstract, and meet the requirements laid down in the implementing regulation.
(2) the European patent application gives rise to the payment of the filing fee and

of the search fee. If the filing fee or the search fee has not been paid within the time limits, the application is deemed withdrawn.
Designation of States contractors Article 79 (1) all Contracting States parties to the present convention upon the filing of the European patent application are deemed to be designated in the request for grant of a European patent.
(2) the designation of a Contracting State may give rise to the payment of a designation fee.
(3) the designation of a Contracting State may be withdrawn at any time up to the grant of the European patent.
Article 80 filing date the date of filing of a European patent application is one which satisfied the requirements laid down by the implementing regulation.
Designation of inventor Article 81 the European patent application must include the designation of the inventor. If the applicant is not the inventor or the sole inventor, the designation shall contain a statement indicating the origin of the acquisition of the right to the European patent.
Unity of invention Article 82 the European patent application shall relate to one invention or to a group of inventions linked so that they form a single general inventive concept.
Statement of invention Article 83 the invention must be exposed in the application for patent in a manner sufficiently clear and complete to enable the skilled person to run it.
Article 84 claims the claims shall define the object of protection sought. They must be clear and concise and be supported by the description.
Short Article 85 the abstract is used exclusively for purposes of technical information; It cannot be taken into account for any other purpose, especially for the determination of the scope of the protection sought and for the purposes of article 54, paragraph 3.
Annual fees for the European patent application Article 86 (1) in accordance with the regulations, annual fees must be paid to the European Office of patents for any European patent application. These fees are due for the third year from the date of filing of the application, and for each of the following years. If a renewal fee is not paid in time, the application is deemed withdrawn.
(2) no annual fee is payable after the payment that must be paid in respect of the year in which the mention of the grant of the European patent is published in the European Patent Bulletin.
CHAPTER II. (- Priority right of priority Article 87 (1) one who has regularly filed in or for a) a State party to the Paris Convention for the protection of industrial property or b) a member of the world Organization of trade, a patent application for an invention, utility model or utility, or his successor in title, certificate has, for the filing of a European patent for the same invention application a right of priority for a period of twelve months from the date of filing of the first request.
(2) is recognized as giving rise to a right of priority any deposit value to a regular national filing under the national law of the State in which he has performed or bilateral or multilateral agreements, including the convention.
(3) by a regular national filing is meant any filing that is sufficient to establish the date to which the request was filed, regardless of the subsequent fate of the application.
(4) is considered as a first application, the filing date is the starting point of the period of priority, earlier, a subsequent application having the same object as a first application filed in or for the same State, to the condition that that earlier application at the date of filing of the subsequent application has been withdrawn, abandoned or refused, without having been submitted to public inspection and without leaving rights outstanding , and that it has not yet served as basis for the claim of the right of priority. The earlier application can then serve as a basis for the claim of the right of priority.
(5) if the first deposit has been made with a service of industrial property that is not bound by the Paris Convention for the protection of industrial property or the agreement establishing the World Trade Organization, paragraphs 1 to 4 shall apply if, following a communication from the President of the European Patent Office, this service recognizes that a first filing with the European Patent Office gives rise to a right of priority subject to of conditions and having effects equivalent to those provided for in the Paris Convention.
Claiming priority Article 88 (1) the applicant who wishes to avail himself of the priority of an earlier application is required to file a declaration of priority and any other document required in accordance with the regulations.
(2) multiple priorities may be claimed for a European patent application even if they come from different States. Where appropriate, multiple priorities may be claimed for a same claim. If multiple priorities are claimed, time limits which have starting point for the priority date shall be calculated from the date of the earliest priority.
(3) where one or more priorities are claimed for the European patent application, the right of priority covers the elements of the European patent application that are contained in the application or applications whose priority is claimed.
(4) if certain elements of the invention for which priority is claimed do not appear among the claims formulated in the previous application, it is sufficient, so that priority can be given, that all the documents of the previous application reveals a way accurate those components.
Effect of the priority right Article 89 by virtue of the right of priority, the priority date is considered as the filing of the European patent application for the purposes of article 54, paragraphs 2 and 3, and of article 60, paragraph 2.
Fourth ' ME part PROCEDURE until the issuance review at the time of filing and requirements of form Article 90 (1) the European Patent Office review in accordance with the regulations if the application meets the requirements for a filing date is granted.
(2) If a date of filing cannot be granted after examination in respect of paragraph 1, the application is not treated as a European patent application.
(3) If a date of filing has been granted to the European patent application, the European Patent Office examines in accordance with the regulations met the requirements of articles 14, 78, 81 and, where appropriate, of article 88, paragraph 1, and article 133, paragraph 2, as well as to any other requirement laid down by the implementing regulation.
(4) where the European Patent Office notes, the examination carried out in respect of paragraphs 1 or 3, the existence of irregularities which can be remedied, it gives the applicant the opportunity to correct these deficiencies.
(5) where an irregularity detected during the examination carried out in respect of paragraph 3 is not remedied, the European patent application is rejected. Where the irregularity relates to the right of priority, it results in the loss of that right for the application.
Examination of the European patent application regarding irregularities (deleted) Article 91 Article 92 the European Patent Office European search report shall establish and publish a research report in accordance with the regulations, European patent on the basis of claims scheduled, taking due account of the description and the existing drawings.

Publication of the Article 93 (1) the European Patent Office European patent application publishes the European patent application as soon as possible) after the expiry of a period of eighteen months from the date of filing or, if priority has been claimed, from the priority date or b) before the expiration of this time limit at the request of the applicant.
((2) the European patent application is published on the same date that the specification of the European patent when the decision on the grant of the European patent takes effect before the expiry of the period referred to in paragraph 1 (a)).
Examination of the European patent application Article 94 (1) on request, the European Patent Office review in accordance with the regulations if the European patent application and the invention to which it relates meet the requirements of this convention. The request is deemed filed until the payment of the examination fee.
(2) where the request for examination is not filed within the time limits, the application is deemed withdrawn.
(3) if it appears from the examination that the application or the invention that in fact the subject does not meet the requirements laid down by this convention, the examining division shall invite the applicant, as often as it is necessary, to submit its comments and, subject to article 123, paragraph 1, to amend the application.
(4) if the applicant does not respond within the time limits to a communication of the examining division, the application is deemed withdrawn.
Extension of the deadline for submission of the request for examination (deleted) Article 95 consideration of the application of European patent (deleted) Article 96 issuance or discharge Article 97 (1) if the examining division considers that the European patent application and the invention which in fact the object satisfy the requirements laid down by this convention, it shall decide to grant the European patent , provided

that the conditions laid down in the implementing regulations are met.
(2) if the division review considers that the European patent application or the invention that in fact the subject does not meet the requirements laid down by this convention, it rejects the request, unless this convention provides a different legal consequence.
(3) the decision on the grant of the European patent takes effect on the date on which the mention of the grant is published in the European Patent Bulletin.
Publication of the European patent Article 98 the Office European patent specification publishes the specification of the European patent as soon as possible after the publication of the mention of the grant of the European patent in the European Patent Bulletin.
FIFTH part PROCEDURE of OPPOSITION and of LIMITATION Opposition Article 99 (1) within a period of nine months from the publication of the mention of the grant of the European patent in the European Patent Bulletin, any person may oppose this patent with the European Office of patents, in accordance with the regulations. The opposition is deemed formed only after the payment of the opposition fee.
(2) opposition to the European patent affects this patent in all the Contracting States in which it produces its effects.
(3) the opponents are parties, the holder of the patent, the procedure for opposition.
(4) If a person brings proof that in a Contracting State, it is recorded in the patent register, under a decision passed in force of res judicata, instead and place the previous holder, it is, on request, substituted for such State.
Notwithstanding section 118, the previous proprietor and the person who asserted his rights not are not considered co-owners, unless they require both to be.
Grounds for opposition Article 100 the opposition may be based only on the following grounds: a) the object of the European patent is not patentable under articles 52 to 57;
(b) the European patent does not expose the invention in a manner sufficiently clear and complete to enable the skilled person to run it;
(c) the object of the European patent extends beyond the content of the application as filed or, if the patent was issued on the basis of a divisional application or a new application of deposeeen pursuant to article 61, beyond the content of the earlier application as filed.
Examination of the opposition – Revocation or maintenance of the European patent Article 101 (1) if the opposition is admissible, the opposition division examined in accordance with the regulations if at least a ground for opposition under article 100 opposes the maintenance of the European patent.
During this examination, the opposition division invite the parties, as often as necessary, to file their comments on notifications has itself or on communications emanating from other parties.
(2) if the opposition division considers that at least a ground of opposition is opposed to the maintenance of the European patent, it shall revoke the patent. In the contrary case, it rejected the opposition.
((3) if the opposition division considers that, taking into account the amendments made by the proprietor of the patent during the opposition proceedings, the patent and the invention to which it relates has) meet the requirements of the convention, she decided to maintain the patent as amended, provided that the conditions laid down in the implementing regulations are met.
(b) do not meet the requirements of this convention, it revokes the patent.
Revocation or maintenance of the European patent (deleted) Article 102 Publication of a new specification of the European patent section 103 if the European patent has been maintained as amended under article 101, paragraph 3 (a)), the European Patent Office shall publish a new specification of the patent as soon as possible after the publication of the mention of the decision on opposition to the European Patent Bulletin.
Costs Article 104 (1) each of the parties to the opposition proceedings bear the costs which it has incurred, unless the opposition division stops, in accordance with the regulations, an apportionment of costs where equity so dictate.
(2) the regulations determines the procedure of fixing costs.
(3) any final decision of the European Patent Office fixing the amount of costs is, for its implementation in the Contracting States, deemed to be a final decision res judicata rendered by a civil court of the State in which this execution should take place. The control of such a decision cannot relate to its authenticity.

Intervention of the assumed infringer Article 105 (1) any third party may, after the expiry of the opposition period, intervene in the procedure of objection in accordance with the regulations, provided that he brings the evidence has) that an action for infringement based on this patent has been entered against him, or b) only after having been required by the patent holder to cease alleged patent infringement , he introduced to the holder thereof against an action for a declaration that it is not an infringer.
(2) an admissible intervention shall be deemed to an opposition.
Request for limitation or revocation Article 105bis (1) on request of the holder of the patent, the patent may be revoked or be limited by an amendment of the claims. The request must be made at the European Office of patents in accordance with the regulations. It is deemed requested only after the payment of the fee for limitation or revocation.
(2) the application may be made as long as a European patent opposition proceedings are pending.
Limitation or revocation of the European patent Article 105ter (1) the European Patent Office examines met the requirements laid down by the implementing regulation for limitation or revocation of the European patent.
(2) if the European Patent Office considers that the request for limitation or revocation of the European patent meets these requirements, he decides, in accordance with the regulations, to limit or revoke the European patent. Otherwise, it rejects the request.
(3) the decision on the limitation or revocation affect the European patent with effect in all the Contracting States for which it has been issued. It takes effect on the date on which the mention of the decision is published in the European Patent Bulletin.
Publication of the amended European patent specification section 105quater where the European patent has been limited under article 105ter, paragraph 2, the European Office of patents published European patent amended as soon as possible after the publication of the mention of the limitation in the European Patent Bulletin.
SIXI'ME part PROCEDURE of recourse appealable Decisions Article 106 (1) decisions of the receiving section, divisions of examination, opposition and legal division divisions are subject to appeal. The appeal has suspensive effect.
(2) a decision which does not terminate proceedings as regards one of the parties cannot be appealed with the final decision, unless the decision provides for separate appeal.
(3) the right to appeal against decisions on the apportionment or fixing of costs of opposition proceedings may be limited in the regulations.
Persons entitled to appeal and to be parties to proceedings Article 107 any party to the proceedings to the claims of which a decision did not right may appeal against this decision. The other parties to the proceedings are entitled parties to the appeal proceedings.
Time and form Article 108 the appeal must be lodged, pursuant to the implementing regulations to the European Patent Office within a period of two months from the notification of the decision. The use shall be deemed formed only after the payment of the appeal fee. A statement setting out the grounds of appeal must be filed within a period of four months from the notification of the decision, in accordance with the regulations.
Interlocutory revision Article 109 (1) if the instance whose decision is contested considers the appeal admissible and founded, it must be right.
This provision does not apply when the proceedings against the applicant to another party.
(2) if it is not the appeal within a period of three months after receipt of the statement of grounds, the appeal shall be remitted to the Board of appeal, without comment on the merits.

Examination of the appeal section 110 if the appeal is admissible, the Board of appeal shall examine whether it can be granted. The examination of the appeal takes place in accordance with the regulations.
Decision on the use of Article 111 (1) has the continuation of the discussion at the bottom of the appeal, the Board of appeal shall decide on the appeal. It can either exercise the powers of the instance that issued the contested decision or remit the case to that Department for further prosecution.
(2) if the Board of appeal refers the case for further prosecution to the Department which made the contested decision, this instance is bound by the decision of the Board of appeal in so far as the facts are the same and the reasons. If the contested decision is made by the receiving section, the examining division is also bound by the decision of the Board of appeal and the reasons.

Decision or opinion of the enlarged Board of appeal Article 112 (1) in order to ensure a uniform application of the law or if a question of law of fundamental importance arises: has) the Board of appeal, either ex officio or at the request of one of the parties enters the enlarged Board of appeal pending where it considers that a decision is necessary for these purposes. When the Board of Appeal rejects the request, it must justify its refusal in its final decision;
(b) the President of the European Patent Office may refer a question of law to the enlarged Board of appeal where two boards of appeal have given different decisions on this issue.
((2) in the cases referred to in paragraph 1 (a)), the parties to the appeal proceedings are parties to the proceedings before the enlarged Board of appeal.
((3) the decision of the enlarged Board of appeal referred to in paragraph 1 (a)) lie the Board of appeal for the pending appeals.
Petition for review by the enlarged Board of appeal Article 112A (1) any party to an appeal to the claims of which the decision of the Board of appeal did not right may present a petition for review of the decision by the enlarged Board of appeal.
((2) the request may be based on the following grounds: has) a member of the Board of appeal participated in the decision in violation of article 24, paragraph 1, or despite its exclusion under a decision taken in accordance with article 24, paragraph 4;
(b) a person not as a member of the boards of appeal participated in the decision;
(c) the appeal procedure was vitiated by a fundamental violation of article 113;
(d) the appeals process has been tainted with an other fundamental procedural defect as defined in the regulations; or (e) a criminal offence established under the conditions laid down in the implementing regulation could have an impact on the decision.
(3) the petition for review has no suspensive effect.
(4) the request must be presented and substantiated in accordance with the regulations. (If the query is based on paragraph 2 a) to (d)), it must be submitted within a period of two months from the notification of the decision of the Board of appeal. If the query is based on the 2nd paragraph), it must be submitted within a period of two months after the criminal offence has been established, and in any event not more than five years after the notification of the decision of the Board of appeal. The petition for review is deemed filed until the payment of the prescribed fee.
(5) the enlarged Board of appeal examines the application for revision in accordance with the regulations. If the application is based, the enlarged Board of Appeal annulled the decision and oak, in accordance with the regulations, the procedure before the boards of appeal.
(6) any person who, in a designated Contracting State, in good faith, in the period between the decision of the Board of appeal and the publication in the European Patent Bulletin of the mention of the decision of the enlarged Board of appeal on the application for review, began to operate or has made effective and serious preparations to exploit the invention that is the subject of a published European patent application or European patent may, free of charge, continue this operation in its business or for the needs thereof.
SEPTI'ME part common provisions chapter I. -General procedural provisions of right to be heard and basis of decisions Article 113 (1) the decisions of the European Patent Office may be based only on reasons on which the parties were able to take a position.
(2) the European Patent Office does not review and only takes decision on the European patent application or the European patent only in the text submitted or agreed by the applicant or the holder of the patent.
Review of office Article 114 (1) during the procedure, the European Patent Office proceeded to the examination of the facts; This review is limited to the pleas or applications submitted by the parties.
(2) the European Patent Office may disregard the facts that the parties have not relied upon or evidence which are not submitted in a timely manner.
Observations of the third Article 115, in any proceedings before the European Patent Office, any third party may, in accordance with the regulations, after the publication of the European patent application of the observations on the patentability of the invention object of the application or patent. The third does not acquire the status of party to the procedure.
Oral procedure Article 116 (1) it is resorted to oral proceedings either ex officio when the European Patent Office considers useful, or at the request of a party to the proceedings. However, the European Patent Office may refuse a request to again use the procedure oral before the same body provided that the parties and the facts of the case are the same.
(2) However, no is used, at the request of the applicant, the oral proceedings before the receiving section when it deems appropriate, or when it intends to reject the European patent application.
(3) the oral proceedings before the receiving section, the examining Division and legal division is not public.
(4) the oral proceedings, including delivery of the decision, shall be public before the boards of appeal and the enlarged Board of appeal after the publication of the application of European patent as well as before the opposition divisions, unless otherwise determined by the instance before it, in the event that could arise, especially for a party to the proceedings, serious and unjustified disadvantages.
Evidentiary and training section 117 (1) in proceedings before the European Office of patents, the following measures of inquiry may include: a) hearing the parties;
(b) request for information;
(c) the production of documents;
(d) the hearing of witnesses);
e) expertise;
(f) the inspection);
g) written statements made under the faith of the oath.
(2) the regulations determines the procedure relating to the statement.
Uniqueness of the European patent application or European patent Article 118 when applicants or holders of a European patent are not the same for different Contracting States designated, they are considered as co-applicants or co-owners for the purposes of the procedure before the European Patent Office. The uniqueness of the application or the patent during this procedure is not affected; in particular, the text of the application or of the patent must be identical for all designated Contracting States, unless this agreement provides otherwise.
Meaning Article 119 decisions, citations, notifications and communications are served ex officio by the European Office of patents in accordance with the regulations. The meanings can be made, where exceptional circumstances so require, through the central services of the industrial property of the Contracting States.
Time limits Article 120 the regulations determines: has) the time limits to be observed in proceedings before the European Patent Office and are not fixed by this convention;
b) the method of calculation of time limits and the conditions under which they may be extended;
(c) the duration minimum and maximum time limits that are set by the European Patent Office).
Further processing of the European patent application Article 121 (1) when the applicant failed to observe a time limit with respect to the European Patent Office, it may require the continuation of the procedure relating to the European patent application.
(2) the European Patent Office upheld the application met the requirements laid down in the implementing regulation. Otherwise, it rejects the request.
(3) when it is granted the motion, the legal consequences of non-observance of the time limit shall be deemed not to have occurred.
(4) are excluded from the continuation of the procedure the deadlines in article 87, paragraph 1, article 108 and article 112A, paragraph 4, as well as the deadlines for submission of the request for continuation of the procedure and the application for restitutio in integrum. The regulations may exclude other timeframes of the continuation of the procedure.
Restitutio in integrum Article 122 (1) the applicant for or proprietor of a European patent who, although having shown all due care required by the circumstances, has not been able to observe a time limit with respect to the European Patent Office shall, upon request, its rights re-established if failure to comply with this time limit has the direct consequence the rejection of the application for a European patent or an application the fact that the application is deemed withdrawn, the revocation of the European patent, the loss of any other right or means of appeal.
(2) the European Patent Office upheld the request met the requirements of paragraph 1 and the requirements laid down by the implementing regulation. Otherwise, it rejects the request.
(3) when it is granted the motion, the legal consequences of non-observance of the time limit shall be deemed not to have occurred.
(4) is excluded from restitutio in integrum the deadline for submission of the application for restitutio in integrum. The regulations may exclude other time limits for restitutio in integrum.
(5) Whoever, in a designated Contracting State has, in good faith, in the period between the loss of a right referred to in paragraph 1 and the publication in the Bulletin

European patents the mention of recovery of the said right, started to operate or made the effective and serious preparations for using the invention which is the subject of a European patent application published or a European patent, may, free of charge, continue this operation in its business or for the needs thereof.
(6) this section does not affect the right of a Contracting State to grant restitutio integrum in respect of time limits provided for in this convention and to observe against the authorities of that State.
Amendments Article 123 (1) the European patent application or European patent may be amended in proceedings before the European Office of patents in accordance with the regulations. In any case, the applicant may, on its own initiative, amend at least once the request.
(2) the European patent application or the European patent cannot be changed in such a way that its subject matter extends beyond the content of the application as originally filed.
(3) the European patent cannot be amended so as to extend the protection it confers.
Information about the European State of art Article 124 (1) the Office of patents may invite the applicant, in accordance with the regulations, to provide him with information on the State of the art taken into consideration in national or regional patent procedures and bringing on an invention the subject of the European patent application.
(2) if the applicant does not respond within the time limits at the invitation referred to in paragraph 1, the European patent application is deemed withdrawn.
Refers to the General principles Article 125 in the absence of a procedural provision in this convention, the European Patent Office takes into account the principles generally accepted in the field in the Contracting States.
End of financial obligations (deleted) Article 126 chapter II. -Information of the public and the official register of European patents Article 127 the Office European patent is a European patent register, where all indications mentioned in the regulations are registered. No entry shall be made in the register of European patents before the European patent application has been published. The European patent register is open to public inspection.
Inspection Article 128 (1) the files relating to European patent applications which have not yet been published can be opened to public inspection with the consent of the applicant.
(2) any person who proves that the applicant availed himself of its application for European patent against him may consult the file from before the publication of that application and without the consent of the applicant.
(3) where a divisional application or a new European patent application filed under article 61, paragraph 1, is published, any person may consult the record of the earlier application prior to the publication of that application and without the consent of the applicant.
(4) after the publication of the European patent application, the files of the application and the European patent to which it gave rise may, on request, be open to public inspection, subject to the restrictions laid down by the implementing regulation.
(5) the European Patent Office may, before even the publication of the European patent application, to third parties or publish the indications referred to in the regulations.
Periodicals Article 129 the European Patent Office shall periodically publish: has) a European Patent Bulletin containing particulars whose publication is prescribed by the convention, the regulations or the President of the European Patent Office;
b) an official Journal containing communications and the general information from the Chairman of the European Office of patents as well as any other information relating to the convention and its application.
Exchange of information Article 130 (1) unless this convention or national legislation provides otherwise, the European Patent Office and the central services of the industrial property of the Contracting States shall communicate, on request, all relevant information on national or European patent applications and European or national patents as well as the procedures.
((2) paragraph 1 applies to the exchange of information, under work agreements, between the European Patent Office, on the one hand, and, on the other hand: has) the central services of the industrial property of other States;
(b) any intergovernmental organization responsible for the grant of patents;
(c) any other organization.
((3) communication of information pursuant to paragraph 1 and paragraph 2 a) and b) are not subject to the restrictions laid down in article 128. The Governing Council may decide that communications made in accordance with paragraph 2 (c)) are not subject to the restrictions laid down in article 128, provided that the organisation concerned treats the information provided on a confidential basis up to the date of publication of the European patent application.
Administrative and legal cooperation Article 131 (1) unless this convention or national legislation provides otherwise, the European Patent Office and the courts or other competent authorities of the Contracting States shall assist each other, on request, by communicating information or folders. When the European Patent Office makes files available courts, public prosecutors or the central services of the industrial property for consultation purposes, it is not subject to the restrictions laid down in article 128.
(2) on the request of the European Office of patents, the courts or other competent authorities of the Contracting States undertake to the Agency, within the limits of their competence, measures instruction or other judicial acts.

Exchange of publications Article 132 (1) the European Office of patents and the central services of the industrial property of the Contracting States exchange on request, for their own purposes and free of charge, one or more copies of their respective publications.
(2) the European Patent Office may conclude agreements relating to the Exchange or the dispatch of publications.
CHAPTER III. -Representation general principles relating to the representation Article 133 (1) subject to the provisions of paragraph 2, no person is required to be represented by a professional representative in proceedings established by this convention.
(2) natural and legal persons that have neither their domicile nor their registered office in a State Contracting must be represented by a professional representative and act through it, in all proceedings established by this convention, except for the filing of a European patent application; other exceptions may be laid down in the implementing regulation.
(3) natural and legal persons who have their domicile or their seat in State Contracting may act through an employee in all proceedings established by this convention; This employee, who must have a power comply with the provisions of the implementing regulation, is not required to be an authorized agent. The regulations may provide whether and under what conditions an employee of a legal person may also act for other legal persons which have their seat in a Contracting State and economic ties with it.
(4) special provisions relating to the common representation of parties acting in common may be laid down in the implementing regulation.
Representation before the EPO Article 134 patent (1) the representation of natural or legal persons in proceedings established by this convention can be ensured only by professional representatives entered on the list maintained for this purpose by the European Patent Office.
((((2) any natural person who a) possesses the nationality of a Contracting State, b) has his place of business or the place of his employment in a State Contracting and c) has passed the tests of the European qualifying examination, may be entered on the list of professional representatives.
((((3) during a period of one year to count from the date on which the accession of a State to the convention takes effect, may also apply to be registered on the list of professional representatives any natural person a) possesses the nationality of a Contracting State, b) has his place of business or the place of his employment in the State having acceded to the convention and c) is authorised to represent patent of invention of persons that natural or legal persons before the central office of industrial property of the State.
Where that authority is not subject to the requirement of special professional qualifications, the person must have acted in that State as a representative on a regular basis for five years at least.
(4) the registration is made on request accompanied by certificates stating that the conditions referred to in paragraph 2 or 3 are fulfilled.
(5) the persons that are registered on the list of professional representatives are entitled to act in all proceedings established by this convention.
(6) for the purposes of acting as authorized agent, any person entered on the list of professional representatives is entitled to have a professional domicile in any Contracting State in which take place established procedures

by this convention, taking into account the Protocol on centralisation annexed to this convention.
The authorities of that State cannot remove this authorization only in specific cases and under national legislation relating to public order and public safety. The President of the European Patent Office should be consulted before taking such a measure.
((((7) the President of the European Patent Office may grant a derogation: has) the requirement referred to in paragraph 2 (a)) or in paragraph 3 a) in special circumstances;
((b) with the requirement referred to in paragraph 3 (c)), second sentence, if the candidate furnishes proof that he has acquired otherwise qualified.
(8) the representation in the same way as an agent approved in proceedings established by this convention can be ensured by any lawyer authorised to practise in one of the Contracting States and are having professional domicile, insofar as it can act in this State as agent for patents for invention. The provisions of paragraph 6 shall apply.
Institute of professional representatives before the European Patent Office Article 134bis (1) the Board has the jurisdiction to stop and change provisions: has) at the Institute of professional representatives before the European Office of patents, hereinafter referred to as the Institute;
(b) the qualifications and training required for admission to the European qualifying examination and the Organization of events of this review;
(c) to the disciplinary authority of the Institute or the European Office of patents on professional representatives;
(d) the duty of confidentiality of the professional representative and the right of the representative authorized to refuse to disclose in proceedings before the European Patent Office communications exchanged between him and his client or any other person.
(2) any person entered on the list of professional representatives referred to in article 134, paragraph 1, is member of the Institute.
EIGHTH ' ME part impact on NATIONAL law, chapter I. (-Conversion into a national patent application application for conversion Article 135 (1) the central office of industrial property of a Contracting State designated initiates, on request of the applicant or the proprietor of a European patent, the grant of a national patent in the following cases: a) if the European patent application is deemed to be withdrawn pursuant to article 77, paragraph 3;
(b) in other cases provided by national law where, under this convention, the European patent application is rejected or withdrawn, or deemed to be withdrawn or the patent revoked.
((2) in the case referred to in paragraph 1 (a)), the request for conversion shall be submitted to the national central industrial property service with which the European patent application had been filed.
Subject to the provisions relating to national defence, this service directly passes the request to the central services of the Contracting States referred to therein.
(3) in the case referred to in paragraph 1 (b)), the request for conversion shall be submitted to the European Office of patents in accordance with the regulations. It is deemed requested only after payment of the conversion fee. The European Patent Office forwards the request to the central services of the industrial property of the Contracting States referred to therein.
(4) the European patent application ceases to produce the effects referred to in article 66 if the request for conversion is not passed in time.
Presentation and transmission of the request (deleted) Article 136 formal requirements of processing Article 137 (1) request European patent transmitted pursuant to article 135, paragraph 2 or 3, may form, be submitted by national law to conditions different from those provided for by this convention or additional conditions.
(((2) central industrial property office to which the European patent application is transmitted may require that, within a time limit which shall not be less than two months, the applicant: a) pay the national application fee, and b) to produce, in one of the official languages of the State concerned, a translation of the original text of the European patent as well as application where appropriate, a translation of the text amended during the procedure before the European Patent Office, on the basis of which he wants to takes place the national procedure.
CHAPTER II. (-Nullity and prior rights void of European patents Article 138 (1) subject to section 139, the European patent may not be declared invalid with effect for a Contracting State, if: has) the object of the European patent is not patentable under articles 52 to 57;
(b) the European patent does not expose the invention in a manner sufficiently clear and complete to enable the skilled person to run it;
(c) the object of the European patent extends beyond the content of the application as filed or, where the patent was issued on the basis of a divisional application or a new application filed under article 61, if the subject matter of the patent extends beyond the content of the earlier application as filed;
(d) the protection conferred by the European patent has been extended; or e) the proprietor of the European patent had no right to get it under article 60, paragraph 1.
(2) if the grounds for invalidity affect the patent in part, it is limited by a corresponding amendment of the claims and is declared partially invalid.
(3) in proceedings before the Court or the competent authority concerning the validity of the European patent, the patent holder is entitled to limit the patent by amending the claims. Thus limited patent serves as the basis of the procedure.
Rights past and rights having taken birth on the same date Article 139 (1) in any State designated contractor, a European patent application or a European patent is dealt with from the point of view of the earlier rights, compared to a national patent application or national patent, in the same manner as if it were a national or a national patent patent application.
(2) a national patent application or national patent of a State Contracting is treated from the point of view of the earlier rights against a European patent which designates that Contracting State, in the same way if this European patent was a national patent.
(3) any Contracting State is free to decide whether and under what conditions can be cumulated the protections provided to an invention contained both in a patent application or a European and to a patent application for a patent or a national patent having the same date of filing or, if priority is claimed, the same priority date.
CHAPTER III. -Other impacts on national utility models and utility certificates law national Article 140 articles 66, 124, 135, 137 and 139 are applicable to utility models or utility as well as the corresponding applications in the Contracting States whose legislation provides for such titles of protection.
Renewal fees for European patent Article 141 (1) the annual fees payable in respect of the European patent can be seen that for the years following that which is referred to in article 86, paragraph 2.
(2) if annual fees due in respect of the European patent expire within two months from the date on which the mention of the grant of the patent was published, said annual fees shall be deemed having been validly paid subject to be paid within the mentioned time. It is perceived no planned surcharge in respect of national legislation.
Ninth ' ME part agreements individuals patent unit Article 142 (1) any group of Contracting States which, in a particular agreement, has arranged that European patents granted for these States will have a unitary character throughout their territories, can provide that European patents may be issued as jointly for all these States.
(2) the provisions of this part are applicable when a group of Contracting States has made use of the option referred to in paragraph 1.
Special instances of the European Office of patents Article 143 (1) the Group of Contracting States may entrust additional tasks to the European Patent Office.
(2) it may, in the performance of these additional tasks, be established at the European Patent Office of common to the States special instances belonging to this group. The President of the European Patent Office provides direction for these special bodies; the provisions of article 10, paragraphs 2 and 3, shall apply.
Representation before the special Article 144 the Group of Contracting States may provide special rules for the representation of the parties in the courts referred to in article 143, paragraph 2.
Restricted Committee of the Board of Directors Article 145 (1) the Group of Contracting States may establish a small Committee of the Board of Directors in order to control the activity of special bodies created under article 143, paragraph 2; the European Patent Office puts at the disposal of the Committee staff, premises and material means necessary for the accomplishment of its mission. The President of the European Patent Office is responsible for the activities of the special proceedings before the restricted Committee of the Board of Directors.
(2)

Composition, powers and activities of the restricted Committee are determined by the Group of Contracting States.
Coverage of expenditures for special tasks section 146 for as much as a group of Contracting States has assigned additional tasks to the European Patent Office within the meaning of article 143, it shall bear the cost to the organization performing these tasks. If special instances were imposed within the European Patent Office for the performance of these additional tasks, the Group of Contracting States shall cover staff, premises and equipment costs attributable said bodies. Articles 39, paragraphs 3 and 4, and articles 41 and 47 shall apply.
Payments of the fees for maintenance of the unitary patent Article 147 if the Group of Contracting States has established a single scale for the annual fees, the percentage referred to in article 39, paragraph 1, is calculated on this single scale; the minimum referred to in article 39, paragraph 1, is also minimal in what concerns unitary patent. Article 39, paragraphs 3 and 4 shall apply.

The application of European patent as an object of property Article 148 (1) article 74 shall apply where the Group of Contracting States has not provided otherwise.
(2) the Group of Contracting States may prescribe that the European patent application, provided that the Contracting States are designated, cannot be transferred, be the subject of pledge or execution for all these States and in accordance with the provisions of the special agreement.

Joint designation Article 149 (1) the Group of Contracting States may prescribe that the designation of the Group's statements can only be that jointly and that the designation of one or several States of the said group constitutes the designation of all of these.
(2) where the European Patent Office is the designated office within the meaning of article 153, paragraph 1, paragraph 1 of the present article is applicable if the applicant informs in the international application that it wishes to obtain a European patent for the States of the group it has appointed or one of them only. This provision shall also apply when the applicant has designated in the international application a Contracting State belonging to this group, if the law of that State provides that a designation of that State has the effect of a European patent application.
Other agreements between States contractors section 149bis (1) this convention shall be construed as meaning that it limits the right of all Contracting States or more of them to conclude special agreements on issues relating to the European patent applications or European patents which, in virtue of this convention, national law and are governed by him (, as including: a) an agreement on the establishment of a common to the Contracting States parties audit European patent jurisdiction agreement;
(b) an agreement on the establishment of a common entity Contracting States parties thereto giving, at the request of the courts or quasi-judicial authorities, opinions on questions relating to the European patent law or national law harmonized with it;
(c) an agreement pursuant to which contracting parties agreement waive in whole or in part to the translations of European patents provided for in article 65;
(d) an agreement pursuant to which Contracting States parties thereto provide that translations of European patents required in accordance with article 65 may be filed with the European Patent Office and published by it.
(2) the governing body has jurisdiction to decide that) the members of the boards of appeal or of the enlarged Board of appeal may be part of a European or common entity Patent Court and take part in the proceedings before that court or entity in accordance with such an agreement.
(b) the European Patent Office provides a common entity support staff, premises and material means necessary for the accomplishment of its mission, and that the organization supports in whole or in part the costs associated with this entity.
Tenth part requests international within the meaning of the patent COOPERATION Treaty - claims EURO - PCT Application of the Cooperation Treaty Patent Cooperation Article 150 (1) the Treaty on patents of June 19, 1970, hereinafter referred to as the PCT applies in accordance with the provisions of this part.
(2) international applications filed under the PCT may be procedures before the European Office of patents. In these procedures, the provisions of the PCT, its regulations and, in addition, those of this convention are applicable. The provisions of the PCT or its regulations shall prevail in case of discrepancy.

The European Office of patents, receiving Article 151 the Office European patent office acts as receiving office within the meaning of the PCT, in accordance with the regulations.
Article 75, paragraph 2, shall apply.
The European Office of the International Searching Authority or examining the international preliminary examination Article 152 the Office European patent patents acts as an International Searching Authority and as international preliminary examining authority within the meaning of the PCT, in accordance with an agreement concluded between the Organization and the international Bureau of the world intellectual property organization for applicants who either have the nationality of a State party to this convention, or have their domicile or their seat. This agreement may provide that the European Patent Office is also for other applicants.
The European Office of patents, designated office or elected Article 153 (1) the European Patent Office office is has) designated office for any State party to the convention for which the PCT is in force, which is designated in the international application and for which the applicant wishes to obtain a European patent, and b) elected office when the applicant has elected a designated State pursuant to the letter a).
(2) an international application for which the European Patent Office is designated or elected office and to which an international filing date has been assigned, is the value of a regular European application (euro-PCT application).
(3) the international publication of a euro-PCT application in an official language of the European Patent Office replaces the publication of the European patent application and it is mentioned in the European Patent Bulletin.
(4) if the euro-PCT application is published in another language, a translation into one of the official languages must be filed from the European Patent Office, which publishes it.
Subject to article 67, paragraph 3, the provisional protection provided in article 67, paragraphs 1 and 2, is provided only from the date of this publication.
(5) the euro-PCT application is dealt with as a European patent application and shall be considered as included in the State of the art within the meaning of article 54, paragraph 3, if the conditions laid down in paragraph 3 or 4 and in the implementing regulations are met.
(6) the international search report on a euro-PCT application or the declaration that replaces it, and their international publication replaces the European search report and the mention of its publication in the European Patent Bulletin.
(7) it shall be the establishment of a supplementary European search report relating to any euro-PCT application referred to in paragraph 5. The Governing Council may decide that a supplementary search report is waived or that the search fee is reduced.
The Agency European patents, International Searching Authority Article 154 (deleted) the European Patent Office, IPEA international preliminary examining authority Article 155 (deleted) the European Patent Office, elected Office (deleted) Article 156 international search report Article 157 (deleted) Publication of the international application and communication to the European patent (deleted) Article 158 ONZI Office'ME part provisions transitional (deleted) EBRAHIM ' ME part provisions final regulations and Protocols Article 164 (1) the regulations the Protocol on recognition, the Protocol on the privileges and immunities the Protocol on centralisation, the Protocol to article 69 and the Protocol on the staff are an integral part of this convention.
(2) in the case of conflict between the provisions of this convention and those of the implementing regulations, the provisions of the convention prevail.

Signature - Ratification Article 165 (1) this convention is open for signature by the States which participated in the Intergovernmental Conference for the establishment of a European system of patents or who have been informed of the holding of this conference and to which the faculty to participate was offered until April 5, 1974.
(2) this convention is subject to ratification; instruments of ratification shall be deposited with the Government of the Federal Republic of Germany.
Accession Article 166 (1) this convention is open to accession: has) of the States referred to in article 165, paragraph 1;
(b) of any other European State, at the invitation of the Board of Directors.

(2) any State which was a party to this convention, and which has ceased to be in application of article 172, paragraph 4, may again become party to the convention by acceding.
(3) the instruments of accession shall be deposited with the Government of the Federal Republic of Germany.
Article 167 (deleted) scope territorial reserves Article 168 (1) any Contracting State may declare in its instrument of ratification or accession, or at any subsequent time, in a notification addressed to the Government of the Federal Republic of Germany, that the convention is applicable to one or more of the territories for which it is responsible for external relations. European patents granted for that Contracting State also have impact on the territories for which this declaration took effect.
(2) if the declaration referred to in paragraph 1 is included in the instrument of ratification or accession, it takes effect on the same date as the ratification or accession; If the declaration is made in a notification after the filing of the instrument of ratification or accession, this notification shall take effect six months after the date of its receipt by the Government of the Federal Republic of Germany.
(3) any Contracting State may at any time declare that the convention shall cease to apply to some or all of the territories for which it has made a declaration under paragraph 1. This declaration shall take effect on the expiry of a period of one year from the date on which the Government of the Federal Republic of Germany has received notification.
Entry into force Article 169 (1) this convention shall enter into force three months after the deposit of the last of the instruments of ratification or accession of six States on the territory of which the total number of patent applications filed in 1970 amounted 180,000 at least for all such States.
(2) any ratification or accession after the entry into force of this convention shall take effect on the first day of the third month following the deposit of the instrument of ratification or accession.
Initial assessment section 170 (1) any State which ratifies this convention or accedes thereto after its entry into force shall pay to the Organisation an initial assessment which will not be refunded.
(2) the initial contribution is equal to 5% of the amount determined for such a State of the application, to the total amount of money owed by the other Contracting States to the title of the previous fiscal, the distribution key laid down in article 40, paragraphs 3 and 4 outstanding financial contributions, as it is in force at the date on which the ratification or accession of that State takes effect.
(3) where outstanding financial contributions were not required for the fiscal year above where the date referred to in paragraph 2, the key referred to in this paragraph is that which would have been applicable to the State for the last fiscal year in respect of the outstanding financial contributions were called.
Duration of the Agreement Article 171 the present agreement is concluded indefinitely.
Review Article 172 (1) this convention may be revised by a conference of the Contracting States.
(2) the conference is prepared and convened by the Board of Directors. It deliberates validly if three quarters at least of the Contracting States are represented. To be adopted, the revised text of the convention must be approved by three-fourths of the Contracting States represented at the conference and voting. Abstention is not considered as a vote.
(3) the revised text of the convention comes into force after the deposit of instruments of ratification or accession of a number of Contracting States determined by the conference and the date that it was fixed.
(4) the States which, at the date of entry into force of the revised convention, have not ratified it or have not acceded, shall cease to be parties to this convention from that date.
Disputes between States contractors section 173 (1) any dispute between Contracting States concerning the interpretation or application of this convention which has not been settled by negotiation shall, upon request of one of the States concerned, submitted to the governing body that works to involve an agreement between those States.
(2) if such an agreement is not reached within six months from the date on which the Governing Council has received the dispute, one any of the States in question may bring the dispute before the International Court of Justice for a decision binding on the parties in question.
Denunciation Article 174. any Contracting State may at any time denounce this convention. The denunciation shall be notified to the Government of the Federal Republic of Germany. It takes effect on the expiration of the period of one year from the date of receipt of this notification.
Subject to the acquired rights Article 175 (1) If a State ceases to be a party to the convention under article 172, paragraph 4, or article 174, it is unaffected the rights previously acquired under this convention.
(2) the European patent applications pending at the date on which any designated State ceases to be a party to the convention continue to be heard by the European Patent Office, in relation to that State, as if the convention, as it is in force after that date, it was applicable.
(3) the provisions of paragraph 2 shall apply to European patents in respect of which, on the date mentioned that paragraph, an opposition is pending or the opposition period has not yet expired.
(4) this section does not impair the right of a State which has ceased to be a party to the convention to apply to European patents the provisions of the text of the convention to which it was party.
Rights and obligations financial of a Contracting State that has ceased to be a party to the convention Article 176 (1) a State which has ceased to be a party to this convention in accordance with article 172, paragraph 4, or article 174 is not covered by the Organization's outstanding financial contributions paid in respect of article 40, paragraph 2, that to date and under the conditions which the Organization will refund the outstanding financial contributions which have been paid to him by
other States during the same fiscal year.
(2) the amounts for which the amount corresponds to the percentage of fees charged for the maintenance of European patents in the State referred to in paragraph 1, as defined in article 39, are due by this State, even though he ceased to be a party to this convention; the amount of these sums is that should be paid by the State in question at the date on which he ceased to be a party to this convention.

Languages of the convention Article 177 (1) this convention is drafted in a copy in English, French and German languages, which is deposited in the archives of the Government of the Federal Republic of Germany, the three texts being equally authentic.
(2) the texts of this convention drawn up in the official languages of the Contracting States other than those referred to in paragraph 1 and approved by the Board of Directors are considered as official texts. In case of dispute on the interpretation of the various texts, the texts referred to in paragraph 1 shall be authentic.
Transmissions and notifications Article 178 (1) the Government of the Federal Republic of Germany establishes certified copies of this convention and transmit them to the Governments of all States signatory or acceding.
((2) the Government of the Federal Republic of Germany shall notify the Governments of the States referred to in paragraph 1: a) the deposit of any instrument of ratification or accession;
(b) any declaration or notification received in accordance with article 168;
(c) any denunciation received pursuant to article 174 and the date on which the denunciation takes effect.
(3) the Government of the Federal Republic of Germany is register this convention with the Secretariat of the United Nations.

Related Laws

1995 Patent Law