The Saeima has adopted and the President promulgated the following laws: On 5 October 1973, the Convention on the grant of European patents (European patent Convention), October 17, 2000, the agreement on the Convention on the grant of European patents, the application of article 65 and 29 November 2000, the amendments of 5 October 1973, the Convention on the grant of European patents (European patent Convention) article 1. 5 October 1973 Convention on the grant of European patents (European patent Convention) as amended up to January 1, 2004 (hereinafter referred to as the Convention), 17 October 2000, the agreement on the Convention on the grant of European patents article 65 of the application (hereinafter referred to as the agreement) and of 29 November 1973, amended October 5, the Convention on the grant of European patents (European patent Convention) (hereinafter referred to as the amendments) with this law is adopted and approved. 2. article. The implementation of the Convention and to coordinate the interests of the Republic of Latvia in the executive body of the Convention representing the Patent Office. 3. article. The Convention shall enter into force on its article 169 and the period specified in the order, the agreement shall enter into force for the period specified in article 6 and in order, the amendment shall enter into force the time laid down in article 8 and in order, and the Ministry of Foreign Affairs shall notify the newspaper "journal". 4. article. The law shall enter into force on the day following its promulgation. To put the Convention by law, agreements and amendments in English and their translation into Latvian language. The Parliament adopted the law on 24 February 2005. State v. President Vaira Vīķe-Freiberga in Riga, 15 March 2005, the Convention on the grant of European patents (European Patent Convention) of 5 October 1973 text as amended by the Act revising article 63 EPC of 17 December 1991and by decision of the Administrative Council of the European patent 21 December 1978, 13 December Organisationof 1994, 20 October 1995, 5 December 1996 and 10 December 1998 preamble the Contracting States To strengthen co-operation (MENU RNGTON LINE4), between the States of Europe in respect of the protection of the counted tion, (MENU RNGTON LINE4) that such protection may be obtained in those States by a single procedure for the grant of a patent and by the establishment of certain standard rules each patent so granted, (MENU RNGTON LINE4), for this purpose, the Conven tion conclud a which establish a European patent and the tion which Organise constitut a special agreement within the meaning of article 19 of the Convention for the Protection of Industrial Property, signed in Paris on 20 March 1883 and last revised on 14 July 1967, and a regional patent treaty within the meaning of article 45, paragraph 1, of the Patent Cooperation Treaty of 19 June 1970, have AGREED on the following provision: (I) INSTITUTIONAL PROVISION For the GENERAL AND the Chapter I General provision Article 1 European law for the grant of a patent for A system of law , common to the Contracting States, for the grant of a patent for invention is hereby estab lished. Article 2 of the European patent (1) the Patent granted by virtue of this Convention shall be called European patents. (2) the European patent shall, in each of the Con tracting States for which it is granted, have the effect of and be subject to the same conditions as a na tional patent granted by that State, unless otherwise provided for in this Convention.   Article 3 the Territorial effect the grant of a European patent may be requested for one or more of the Contracting States.   Article 4 the European Patent Organisation (1) (A) the European Patent Organisation, hereinafter referred to as the Organisation is established by this Convention. It shall have administrative and financial autonomy. (2) the organs of the Organisation shall be: (a) (a) the European Patent Office; (b) an Administrative Council. (3) the tasks of the Organisation shall be to grant European patents. This shall be carried out by the European Patent Office supervised by the Admin of trativ Council.   Chapter II the European Patent Organisation article 5 Legal status (1) the Organisation shall have legal personality. (2) In each of the Contracting States, the tion shall Organise the enjoy the most extensive legal capacity of the legal person under the ac corded the national law of that State; It may in particular acquir or dispos of movie able and immovabl property and may be a party to legal proceedings. (3) the President of the European Patent Office shall be the represen Organisation.   Article 6 seat (1) the Organisation shall have its seat at Munich. (2) the European Patent Office shall be set up at Munich. It shall have a branch at the Hague.   Article 7 Sub-Office of the European Patent Office By decision of the Administrative Council, the sub-office of the European Patent Office may be created if need be, for the purpose of information and Martin, in the Contracting States and with inter-governmental organisation in the field of industrial property, subject to the approval of the Contracting State or the concerned organise tion.   Article 8 Privileges and to the immunit Protocol on Privilege and annexed to this Convention to the Immunit shall define the conditions under which the Organisation, the members of the trativ Council, the Admin of the employees of the European en Office and Even such other persons specified in that Protocol as take part in the work of the Organisation, shall enjoy, in the territory of each Contracting State , the privilege and not cessary for the immunit per formanc of their duties.   Article 9 Liability (1) the contractual liability of the Organisation shall be governed by the law applicable to the relevant contract. (2) the non-contractual liability of the Organisation in respect of any damage caused by it or by the em ploye of the European Patent Office in the Peruvian formanc of their duties shall be governed by the provision of the law of the Federal Republic of Ger many. Where the damage is caused by the branch at the Hague or a sub-office or employees, the provision theret attached of the law of the Contracting State in which such branch or sub-office is located shall apply. (3) the personal liability of the employees of the European Patent Office towards the Organisation shall be put down in their service regulations or conditions of employment. (4) the courts with jurisdiction to settle the dispute and works for paragraphs 1 and 2 shall be: (a) for paragraph 1, the dispute under the jurisdiction of the competent courts in the Federal Republic of Germany, unless the contract concluded between the parties in the courts of designat another State; (b) for paragraph 2, the dispute under either the courts of competent jurisdiction in the Federal Republic of Germany, the or the courts of competent jurisdiction to be in the State in which the branch or sub-office is located.   Chapter III the European Patent Office article 10 Section (1) the European patent Office shall be directed by the President who shall be responsible for its active court to the Administrative Council. (2) To this end the President shall have in particular the following functions and powers: (a) he shall take all steps, including cessary not the adoption of internal administrative instructions and the publication of guidance for the public, to ensur the functioning of the European Patent Office; (b) in so far as this Convention contains the sions from prov in this respect, he shall prescrib in which trans action with to be carried out at the European Patent Office at Munich and its branch at the Hague re spectively; (c) he may place before the Administrative Council any proposal for amending this Convention and any proposal for a general regulation or decision of which come within the competence of the Administrative Council; (d) he shall prepare and implementations that the budget and any amending or supplementary budget; (e) he shall submit a management report to the Administrative Council each year; (f) he shall exercise supervisory authority over the personnel; (g) subject to the provision of article 11, he shall be appoin and promote the employees; (h) he shall exercise disciplinary authority over the employees, other than those referred to in article 11, and proposes disciplinary action by the Maya at the Admin trativ a Council with regards to employees referred to in article 11, paragraphs 2 and 3; (i) he may delegate his function and the power. (3) the President shall be assisted by a number of Vice-President. If the President is absent or has posed, one poison of the Vice-President shall take his place in accordanc with the procedure put down by the Administrative Council.   Article 11 appointment of senior employees (1) the President of the European Patent Office shall be appointed by decision of the administrative Count lifts. (2) the Vice-President shall be appointed by dec in sion of the Administrative Council after the President has been consulted. (3) the members, including the Chairmen, of the boards of Appeal and of the Enlarged Board shall be appointed by the peal of around the decision of the Council, taken by trativ Admin on a proposal from the press, Dan of the European Patent Office. They may be re-appointed by decision of the Administrative Council after the President of the European Patent Office has been consulted. (4) the Administrative Council shall exercise the authority over the discipl nary employees referred to in para graphs 1 to 3.   Article 12 duties of the Office employees of the European Patent Office shall be bound, even after the termination of their employ men, it is not nor it ither disclos make us inform a tion of which by its nature is a professional secret.   Article 13 of the Dispute between the Organisation and the employ ees of the European Patent Office (1) employees and former employees of the Euro pean Patent Office or their successors in title may apply to the Administrative Tribunal of the interna tional Labour Organisation in the case of the dispute with the European Patent Organisation in accordanc with the Statute of the Tribunal and within the limits and subject to the condition laid down in the service regulations for permanent employees, or the Pension Scheme Regulations or arising from the conditions of employment of other employees. (2) An appeal shall only be admissibl if the person concerned has exhausted such other means of ap peal as with available to him under the service of the lation, the Regs Pension scheme regulations or the con dition of employment, as the case may be.   Article 14 languages of the European Patent Office (1) the official languages of the European Patent Office shall be English, the fic Of the French and German. Euro pean patent applications must be filed in one of these lan guage. (2) natural or legal persons, However, having their residence or principal place of business within the ter ritory of a Contracting State having a language other than English, French or German as an official lan guage, and nationals of that State who are resident abroad, may file European patent applications in an official language of that State. Vertheles, not a trans lation in one of the official languages of the European Patent Office must be filed within the time limit pre scribed in the Implementing Regulations; throughout the proceedings before the European Patent Office, such translation may be brough into the conformity with the original text of the application. (3) the official language of the European patent Of fic in which the European patent application is filed or, in the case referred to in paragraph 2, that of the translation, shall be used as the language of the Pro ceeding in all proceedings before the Office concerning the European en Even to the application or the re sulting patent, unless otherwise provided for in the Im plementing Regulation. (4) the persons referred to in paragraph 2 may also file documents which have to be filed within a time limit in an official language of the Contracting State concerned. They must however file a translation in the language of the proceedings within the time limit prescribed in the Implementing Regulations; in the cases provided for in the Implementing Regulations, they may file a translation in a different official lan guage of the European Patent Office. (5) If any document, other than those making up the European patent application, is not filed in the lan guage for prescribed by this Convention, or if any TRANS lation required by virtue of this Convention is not filed in due time, the document shall be deemed not to have been received. (6) European patent applications shall be published in the language of the proceedings. (7) the specifications of European patents shall be published in the language of the proceedings; They shall include a translation of the claims in the two other official languages of the European patent Of fic. (8) there shall be published in the three official lan guage of the European Patent Office: (a) the European Patent Bulletin; (b) the Official Journal of the European patent Of fic. (9) entries in the Register of European patents shall be made in the three official languages of the Euro pean Patent Office. In cases of doubt, the entry in the language of the proceedings shall be authentic.   Article 15 the department charged with the procedure For implementing the procedures put down in this Convention, there shall be set up within the European Patent Office: (a) a Receiving Section; (b) Search Division; (c) the Examining Division; (d) the Opposition Division; (e) a Legal Division; (f) the Board of Appeal; (g) an Enlarged Board of Appeal.   Article 16 Receiving Section the Receiving Section shall be in the branch at the Hague. It shall be responsible for the examination on filing and the examination as to formal requirements of each European patent application up to the time when a request for examination has been made or the applicant has indicated under article 96, para graph 1, that he proceed with his nasty for their further application. It shall also be responsible for the pub to the set of the European patent application and of the European search report.   Article 17 Search Division of the Search Division shall be in in the branch at the Hague. They shall be responsible for drawing up European search reports.   Article 18 Examining Division (1) An Examining Division shall be responsible for the examination of each European patent application from the time when the Receiving Section will cease to be. (2) An Examining Division shall consis of three tech nical examiner. Vertheles, not the examination prior to a final decision shall, as a general rule, be trusted to one member of en of the Division. Shall be by oral proceed ing before the Examining Division itself. If the Examining Division consider that the nature of the decision so requires, it shall be enlarged by the addition of a legally qualified examiner. In the event of parity of votes, the vote of the Chairman of the Di vision shall be decisiv.   Article 19 (1) Opposition Division An Opposition Division shall be responsible for the examination of the opposition against any European patent. (2) An Opposition Division shall consis of three tech nical examiners, at least two of whom shall not have taken part in the proceedings for grant of the patent to which the opposition relate. An examiner who has taken part in the proceedings for the grant of the European patent shall not be the Chairman. Prior to the taking of a final decision on the opposition, the Opposition Division may entrust the examination of the opposition to one of its members. Shall be by oral proceed ing before the Opposition Division itself. If the Opposition Division consider that the nature of the decision so requires, it shall be enlarged by the addition of a legally qualified examiner who shall not have taken part in the proceedings for grant of the patent. In the event of parity of votes, the vote of the Chairman of the Division shall be decisiv.   Article 20 Legal Division (1) the Legal Division shall be responsible for the dec in sion in respect of entries in the Register of European patents and in respect of registration on, and deletion from the list of professional representatives. (2) the Decision of the Legal Division shall be taken by one legally qualified member.   Article 21 the Board of Appeal (1) the Board of Appeal shall be responsible for the examination of the appeal from the decision of the Receiving Section, the Examining Division, the Opposition Division and of the Legal Division. (2) For appeal from a decision of the Receiving Sec tion or the Legal Division, a Board of Appeal shall be legally qualified consis of three members. (3) For a decision of an appeal from Examining two sion, a Board of Appeal shall consis of: (a) two technically qualified members and one le gally qualified member, when the decision concerns the refusal of a European patent application or the grant of a European patent and was taken by an Ex amining Division consisting of less than four mem ber; (b) three technically qualified members and two le gally qualified members, when the decision was taken by an Examining Division consisting of four members or when the Board of Appeal consider that the na there of the appeal so requires; (c) three legally qualified members in all other cases. (4) an appeal from a decision of a For an Opposition Di vision, a Board of Appeal shall consis of: (a) two technically qualified members and one le gally qualified member, when the decision was taken by an Opposition Division consisting of three mem bers; (b) three technically qualified members and two le gally qualified members, when the decision was taken by an Opposition Division consisting of four members or when the Board of Appeal consider that the na there of the appeal so requires.   Article 22 Enlarged Board of Appeal (1) the Enlarged Board of Appeal shall be response to bl for: (a) deciding points of law referred to it by boards of Appeal; (b) giving opinions on points of law referred to it by the President of the European Patent Office under the condition laid down in article 112 (2) For giving decision or opinion of the Enlarged Board of Appeal, shall be legally qualified consis of five members and two technically qualified members. One of the legally qualified members shall be the Chair for me.   Article 23-Independence of the members of the Board (1) the members of the Enlarged Board of Appeal and of the Board of Appeal shall be appointed for a term of five years and may not be removed from Office during this term of the fic, except if there are serious grounds for such removal and if the Administrative Council, on a proposal from the Enlarged Board of Appeal take a decision, to this effect. (2) the members of the boards may not be a mem ber of the Receiving Section, the Examining Division, oppo sition Division or of the Legal Division. (3) In their decisions the members of the boards shall not be bound by any instructions and shall com plya ... who gave only with the provision of this Convention. (4) the rules of Procedure of the boards of Appeal and the Enlarged Board of Appeal shall be adopted in accordanc with the provision of the Implementing Regulations. They shall be subject to the approval of the Administrative Council.   Article 24 Exclusion and objection (1) members of the Board of Appeal or of the Enlarged Board of Appeal may not take part in any appeal if they have any personal interest therein, if they have previously been involved as the tiv of one represent of the parties, or if they participated in the decision under appeal. (2) If, for one of the reasons mentioned in para graph 1, or for any other reason, a member of a Board of Appeal or of the Enlarged Board of Appeal consider that he should not take part in any appeal, he shall inform the Board accordingly. (3) the members of a Board of Appeal or of the Enlarged Board of Appeal may be objected to by any party for one of the reasons mentioned in paragraph 1, or if suspected of partiality. An objection shall not be ad missibl if, while being aware of a reason for the object, the tion party has taken a procedural step. Tion may be based from the object upon the nationality of mem ber. (4) the Board of Appeal and the Enlarged Board of Appeal shall decide as to the action to be taken in the cases specified in paragraphs 2 and 3 without the participation of the member concerned. For the first post of taking this decision the member objected to shall be replaced by his alternate.   Article 25 Technical opinions At the request of the competent national court trying an infringement or revocation action, the European Patent Office shall be obliged, against payment of an appropriate fee, to give a technical opinion concern ing the European patent which is the subject of the action. The Examining Division shall be responsible for the issue of such opinion.   Chapter IV the Administrative Council article 26 Membership (1) the Administrative Council shall be composed of the representatives and the alternate of the tiv Represent of the Contracting States. Each Contracting State shall be entitled to one representative appoin and one alternate representative to the tiv is administered by the Council. (2) the members of the Administrative Council may, subject to the provision of its rules of procedure, be assisted by an adviser or experts.   Article 27 (1) the Chairmanship of the Administrative Council shall elect a Chair and a Deputy Chairman from among me the Repr is sentâ tiv and alternate representatives of the Con trac to ing States. The Deputy Chairman shall ex officio re place the Chairman in the event of his being pre vented from attending to his duties. (2) the duration of the terms of Office of the Chair and the Deputy Chairman to me shall be three years. The terms of Office shall be renewable.   Article 28 the Board (1) When there are at least eight Contracting States, the Administrative Council may set up a Board com posed of five of its members. (2) the Chairman and the Deputy Chairman of the Administrative Council shall be members of the Board ex officio; the other three members shall be elected by the Administrative Council. (3) the term of Office of the members elected by the Administrative Council shall be three years. This term of Office shall not be renewable. (4) the Board shall perform the duties given to it by the Administrative Council in accordanc with the rules of procedure.   Article 29 meetings (1) Meeting of the Administrative Council shall be convened by its Chairman. (2) the President of the European Patent Office shall take part in the deliberation of the tiv is administered by the Council. (3) the Administrative Council shall hold an ordinary meeting once each year. In addition, it shall meet on the initiative of its Chairman or at the request of one third of the Contracting States. (4) the deliberation of the Administrative Council shall be based on an agenda, and shall be held in accordanc with its rules of procedure. (5) the provisional agenda shall contain any qu-tion whose inclusion is requested by any Contracting State in accordanc with the rules of procedure.   Article 30 attendance of the observer (1) the World Intellectual Property Organization shall be represented at the meetings of the Council, in the trativ Admin in accordanc with the provision of an agreement to be concluded between the Euro pean Patent Organisation and the World Intellectual Prop erty Organization. (2) Any other intergovernmental organisation charged with the implementation of international Pro cedur in the field of patents with which the Organ has concluded an agreement of sation shall be financed-sented at the meetings of the Administrative Council, in accordanc with any provision in the agreement in such led. (3) Any other intergovernmental and international non governmental organisations exercising an activity of interest to the Organisation may be invited by the Administrative Council to be represented at the arrang its meetings during any discussion of matters of mutual interest.   Article 31 languages of the Administrative Council (1) the languages in use in the deliberation of the Administrative Council shall be English, French and German. (2) documents submitted to the administrative Count lifts, and the minutes of its deliberation, shall be drawn up in the three languages mentioned in para graph 1.   Article 32 of the Staff, premises and equipment the European Patent Office shall place at the dis posal of the Administrative Council and any body I tablished by it such staff, premises and equipment as may be not cessary for the performance of their duties.   Article 33 competence of the Administrative Council in certain cases (1) the Administrative Council shall be competent to amend the following provision of this Convention: (a) the time limit laid down in this Convention; This shall apply to the time limit put down in article 94 only in the condition laid down in article 95; (b) the Implementing Regulations. (2) the Administrative Council shall be competent, in conformity with this Convention, the following amend or adop provision: (a) the Financial Regulations; (b) the service regulations for permanent employ ees and the conditions of employment of other em ploye of the European Patent Office, the salary scales of the said permanent employees and others, and also the nature, and rules for the grant of any supplies of mentary benefits; (c) the Pension scheme regulations and any of the ingredients of priat increase in existing pension to a increase in the corr spond salar; (d) the rules relating to fees; (e) its rules of procedure. (3) Notwithstanding article 18, paragraph 2, the Council shall be the Ad ministrativ competent to decide, in the light of experience, that in certain categories of cases Examining Division shall be consis of on tech nical examiner. Such decision may be rescinded. (4) the Administrative Council shall be competent to authoris the President of the European Patent Office can not gotiat and, with its approval, the agreements on behalf of conclud the European patent Or ganisation with States, with intergovernmental or ganisation and with documentation centres set up by virtue of agreements with such organisations.   Article 34 Voting Rights (1) the right to vote in the Administrative Council shall be restricted to the Contracting States. (2) Each Contracting State shall have one vote, sub ject to the application of the provision of article 36.   Article 35 Voting rules (1) the Administrative Council shall take its dec in sion for others than those referred to in paragraph 2 by a majority of the sim pl of the Contracting States represented and voting. (2) A majority of three-quarters of the votes of the Con tracting States represented and voting shall be re quired for the decision in which the administrative lift to take the count is empowered under article 7, article 11, paragraph 1, article 33, article 39, paragraph 1, article 40, paragraphs 2 and 4, article 46, article 87, article 95, article 151, paragraph 134, article 3, Arti CLE 154 , paragraph 2, article 155, paragraph 2, article 156, Arti CLE 157, paragraphs 2 to 4, article 160, para graph 1, second line, article 162, article 163, article, article 166 article 167 and 172. (3) shall not be considered as an Abstention votes.   Article 36 (1) of the Weighting of votes In respect of the adoption or amendment of the rules relating to fees and, if the financial contributions to be made by the Contracting States would thereby be increased, the adoption of the budget of the Or ganisation and of any amending or supplementary budget, any Contracting State may require, following a first ballot in which each Contracting State shall have one vote , and whatever the result of this ballot, that a second ballot be taken immediately, in which votes shall be given to the States in accordanc with paragraph 2. The decision shall be determined by the result of this second ballot. (2) the number of votes that each Contracting State shall have in the second ballot shall be calculated as follows: (a) the percentage obtained for each Contracting State in respect of the scale for the special financial contributions, to article 40 pursuan, paragraphs 3 and 4, shall be multiplied by the number of the contract ing States and divided by five; (b) the number of votes shall be rounded upward to the givens to the next higher whole number; (c) five additional votes shall be added to this num ber; (d) no Contracting State shall vertheles of have more than 30 votes.   Chapter V Financial provision of article 37 Cover for expenditure the expenditure of the Organisation shall be covered: (a) by the Organisation's own resources; (b) by payments made by the Contracting States in respect of renewal fees for European patents levied in these States; (c) where, by special financial cessary not contrib-tion made by the Contracting States; (d) where appropriate, by the revenue provided for in article 146;   Article 38 the Organisation's own resources the Organisation's own resources shall be the yield from the fees let down in this Convention, and also all receipts, whatever their nature.   Article 39 payments by the Contracting States in respect of renewal fees for European patent (1) Each Contracting State shall pay to the Organise-tion in respect of each renewal fee received for a European patent in that State an amount equal to a proportion of that fee, to be fixed by the Admin of trativ Council; the proportion shall not exceeds 100 75 per cent and shall be the same for all Contracting States. However, if the said proportion it correspond the an amount which is less than a uniform minimum amount fixed by the Administrative Council, the Con tracting State shall pay that minimum to the Organ to the sation. (2) Each Contracting State shall communicate to the Organisation such information as the Administrative Council consider to be not determin the cessary to amount of its payments. (3) the due dates for these payments shall be deter mined by the Administrative Council. (4) If a payment is not remitted fully by the due date, the Contracting State shall pay interest from the due date on the amount remaining unpaid.   Article 40 Level of fees and payments, Special financial contributions (1) the non of the fees referred to under article 38 and the proportion referred to under article 39 shall be fixed at such a level as to ensur that the revenue in respect thereof is sufficient for the budget of the Organisation to be balanced. (2) However, if the Organisation is unable to Bala in the budget under the anc it the condition laid down in para graph 1-the Contracting States shall remi to the Or ganisation special financial contributions, the amount of which shall be determined by the Admin in the trativ Council for the accounting period in question. (3) these special financial contributions shall be determined in respect of any Contracting State on the basis of the number of patent applications filed in the last year but one prior to that of the entry into force of this Convention, and calculated in the following manner: (a) one half in proportion to the number of the patent is filed in that around plication Contracting State; (b) one half in proportion to the second highest num ber of patent applications filed in the other Con trac to ing States by natural or legal persons having their residence or principal place of business in that Con tracting State. However, the non to be contributed by the States in which the number of patent applications filed for 25,000 shall be 12 then taken as a whole and a new scale drawn up determined in proportion to the total number of patent applications filed in these States. (4) where, in respect of any Contracting State, its scale position cannot be established in accordanc with paragraph 3, the Administrative Council shall, with the consent of that State, decide its scale in post tion. (5) article 39, paragraphs 3 and 4, shall apply the foot it renounces the tis special financial contributions. (6) the special financial contributions shall be paid together with interest at re at a rate which shall be the same for all Contracting States. Repayments shall be made in so far as it is possible to provide for this pur pose in the budget; This amount shall be distributed among the to provided the Contracting States in accor dance with the scale mentioned in paragraphs 3 and 4 above. (7) the special financial contributions remitted in any accounting period shall be wholly repaid before any such contributions or parts thereof remitted in any subsequent accounting period are repaid.   Article 41 (1) of the Advance At the request of the President of the European Patent Office, the Contracting States shall make advance to the Organisation, on account of their pay proposals and contributions, within the limit of the amount fixed by the Administrative Council. Such advance shall be apportioned in proportion to of the non due by the Contracting States for the accounting period in question. (2) article 39, paragraphs 3 and 4, shall apply to the tis mouth renounces the advance.   Article 42 (1) budget income and expenditure of the Organisation shall form the subject of the estimate in respect of each accounting period and shall be shown in the budget. If not, there may be cessary amending or supplementary budget. (2) The budget shall be balanced as between income and expenditure. (3) The budget shall be drawn up in the unit of account fixed in the Financial Regulations.   Article 43 Authorisation for expenditure (1) the expenditure is entered in the budget shall be authorised for the duration of one accounting period, unless any provision to the contrary with the led in the Financial Regulations. (2) subject to the condition to be let down in the Financial Regulations, any appropriation, other than those relating to staff costs, which are unexpended at the end of the accounting period may be carried for ward, but not beyond the end of the following ac counting period. (3) an Appropriation shall be set out under different headings according to the type and purpose of the expenditure and, as far as not subdivided cessary, in cordanc with the eye the Financial Regulations.   Article 44 title: Appropriation for expenditure of unforeseeabl (1) the budget of the Organisation may contain around for unforeseeabl expenditure of propriation. (2) the employment of these appropriation by the Organisation shall be subject to the prior approval of the Administrative Council.   Article 45 Accounting period the accounting period commenc on 1 January and shall end on 31 December.   Article 46 Preparation and adoption of the budget (1) the President of the European Patent Office shall lay the draft budget before the Council not later than 1st the date prescribed in the Fi nancial Regulation. (2) the budget and any amending or supplementary budget shall be adopted by the administrative Count lifts.   Article 47 Provisional budget (1) If, at the beginning of the accounting period, the budget has not been adopted by the Administrative Council, may be effected by the expenditure on a monthly basis per heading or other division of the budget, according to the provision of the Financial Regulations, up to one-twelfth of the budget appropriation for the preceding accounting period, provided that the ap propriation that are made available to the President of the European Patent Office shall not exceeds 100 one-twelfth of those provided for in the draft budget. (2) the Administrative Council may, subject to the observanc of the other provision laid down in para graph 1, expenditure in excess of authoris of one-twelfth of the appropriation. (3) the payments referred to in article 37, sub-paragraph (b), shall continue to be made, on a provisional basis, under the conditions determined under article 39 for the year preceding that to which the draft budget relate. (4) the Contracting States shall pay each month, on a provisional basis and in accordanc with the scale referred to in article 40, paragraphs 3 and 4, any special financial contributions to the implementation of ensur cessary not paragraphs 1 and 2 above. Article 39, paragraph 4, shall apply mutatis mutandis to these contributions.   Article 48 budget implementation (1) the President of the European Patent Office shall implementations that the budget and any amending or supplies is on his own responsibility mentary budget and within the limits of the appropriation allocated. (2) Within the budget, the President of the European Patent Office may, subject to the limits and conditions laid down in the Financial Regulations, to transfer funds as between the various headings or sub-heading.   Article 49 Auditing of accounts (1) the income and expenditure account and a Bali-sheet of the anc Organisation shall be examined by an auditor whose independence is beyond doubt, ap pointed by the Administrative Council for a period of five years, which shall be renewable or extensible. (2) the audit, which shall be based on vouchers and shall take place, if not, in situ, cessary shall ascertain that all income has been received and all expenditure is effected in a lawful and proper manner and that the financial management is sound. The auditor shall draw up a report after the end of each accounting pe riod. (3) the President of the European Patent Office shall annually submit to the Administrative Council the eyes counts of the preceding accounting period in respect of the budget and the balance sheet showing the sharp sets and liabilit to of the Organisation together with the report of the auditor. (4) the Administrative Council shall approve the Nuala accounts together with the United Nations report of the Auditors and shall give the President of the European Patent Office a discharge in respect of the implementation of the budget.   Article 50 of the Financial Regulation of the Financial Regulations shall in particular establish: (a) the procedure relating to the establishment and implementation of the budget and for the rendering and auditing of accounts; (b) the method and procedure whereby the payments and contributions provided for in article 37 and the advance provided for in article 41 of the to be made available to the Organisation by the Contracting States; (c) the rules concerning the responsibilities of accounting and paying officers and the arrangements for their supervision; (d) the rates of interest provided for in articles 39, 40 and 47; (e) the method of calculating the contributions payable by virtue of article 146; (f) the composition of and duties to be assigned to a budget and Finance Committee which should be set up by the Administrative Council.   Article 51 rules relating to fees the rules relating to fees shall on the determin in ticular non of the fees and the ways in which they are to be paid.   On the SUBSTANTIVE PATENT LAW II Chapter I Patentability article 52 Patentabl of invention (1) European patents shall be granted for any inventory in which the susceptibl tion of industrial application, which are new and which an inventiv steps involv. (2) the following in particular shall not be regarded as an invention within the meaning of paragraph 1: (a) discover, scientific theories and mathematical methods; (b) creation of aesthetics; (c) schemes, rules and methods for performing men tal ACTA, playing games or doing business, and pro grams for computers; (d) presentations of information. (3) the provision of paragraph 2 shall exclude even the entability of the subject-matter or activities referred to in that provision only to the exten to which a Euro pean patent application or European patent relate to such subject-matter or activities as such. (4) methods for treatment of the human or animal body by surgery or therapy and diagnostic methods practised on the human or animal body shall not be regarded as an invention which the in dustrial susceptibl of application within the meaning of paragraph 1 shall not apply to The provision of products, in the substance or composition, ticular for use in any of these methods.   Article 53 Exception to patentability European patents shall not be granted in respect of: (a) an invention the publication or exploitation of which would be contrary to "ordre public" or morality, pro vided that the exploitation shall not be deemed to be so contrary merely because it is prohibited by law or regulation in some or all of the Contracting States; (b) plant or animal can essentially choose or biological processes for the production of plants or animals; This provision does not apply to microbiological processes or the products thereof.   Article 54 Novelty An invention shall (1) be considered to be new if it does not form part of the State of the art. (2) the State of the art shall be held to the compris everything made available to the public by means of a written or oral description, by use, or in any other way, before the date of filing of the European patent by Apple set. (3) Additionally, the content of European patent filed by Apple as set, of which the filing of the data prior to the date referred to in paragraph 2 and which were published under article 93 on or after that date, shall be considered as comprised in the State of the art. (4) Paragraph 3 shall be applied only in so far as a Contracting State designated in respect of the later applications , was also designated in respect of the earlier application as published. (5) the provision of paragraph 1 to 4 shall not ex clud the patentability of any substance or compose a tion, comprised in the State of the art, for use in a method referred to in article 52, paragraph 4, pro vided that its use for any method referred in that paragraph it is not comprised in the State of the art.   Article 55 Non-disclosures question 2(a) (1) For the application of article 54 a disclosure of the invention shall not be taken into considerations if it occurred from earlier than six months preceding the fil ing of the European patent application and if it was due to, or in the consequences of: (a) an abuse in the relations it evidens the applicant or his legal predecessors , or (b) the fact that the applicant or his legal predec-sor has displayed the invention at an official, or off of, international exhibition falling cially recognised within the terms of the Convention on international exhib to be signed at Paris on tion on 22 November 1928 and last on 30 November 1972 at ed rea. (2) In the case of paragraph 1 (b), paragraph 1 shall apply only if the applicant States , when filing the European patent application, that the invention has been so displayed and files a supporting certificate within the period and under the conditions laid down in the Implementing Regulations.   Article 56 shall be Inventiv step An invention considered as involving the UN in ventiv step if, having regard to the State of the art, it is not obvious to a person skilled in the art. If the State of the art also includes documents within the meaning of article 54, paragraph 3, these documents are not to be considered in deciding an inventiv whethers there has been step.   Article 57 Industrial application An invention shall be considered as susceptibl 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 obtain European patents — Mention of the inventor article 58 Entitlement to file a European patent application (A) A European patent application may be filed by any natural or legal person, or any body equivalent to a legal person by virtue of the law in each.   Article 59 the multiple applicants (A) European patent applications may also be filed by joint applicants here there or by two or more applicants designating different Contracting States.   Article 60 the right to a European patent (1) the right to a European patent shall belong to the inventor or his successors in title. If the inventor is an employee the right to the European patent shall be determined in accordanc with the law of the State in which the employee is mainly employed; If the State in which the employee is mainly employed cannot be determined, the law to be applied shall be that of the State in which the employer has his place of business to which the employee is attached. (2) If two or more persons have made an invention independently of each other, the right to the Euro pean patent shall belong to the person whose patent application has the Euro pean the earlies to a date of filing; However, this provision shall apply only if this first ap plication has been published under article 93 and shall only have effect in respect of the Contracting States are designated in the application as published. (3) For the purpose of proceedings before the Euro pean Patent Office, the applicant shall be deemed to be entitled to exercise the right to the European even Ent. Article 61 the European patent applications by persons not having the right to a European patent (1) If it is adjudged by a final decision that a person referred to in article 60, paragraph 1, other than the applicant, is entitled to the grant of a European, that person even en may, within a period of three months after the decision has become final , provided that the European patent has not yet been granted, in respect of those Contracting States designated in the Euro pean patent application in which the decision has been taken or recognised, or has to be recognised on the basis of the Protocol on Recognition annexed to this Convention: (a) the application as prosecut his own application in place of the applicant (b) file a new European patent application in respect of the same invention, or (c) request that the application be refused. (2) the provision of article 76, paragraph 1, shall apply mutatis mutandis to a new applications filed and der paragraph 1. (3) the procedure to be followed in carrying out the provision of paragraph 1, the special condition around plying to a new application filed under paragraph 1 and the time limit for paying the filing, search and designation fees on it with a put down in the Impl-menting Regulation. Article 62 right of the inventor to be mentioned the inventor shall have the right, vis-à-vis the Apple cant for or proprietor of a European patent, to be mentioned as such before the European patent Of fic. Chapter III effects of the European patent and the European patent applications article 63 Term of the European patent (1) the term of the European patent shall be 20 years as from the date of filing of the application. (2) Nothing in the preceding paragraph shall limit the right of a Contracting State to extend the term of a European patent, or to grant òàæó protection which follows immediately on expiry of the term of the patent, under the same conditions as those applying to national patents: (a) in order to take account of a State of war or emergency condition of regimes by Simi lar that State; (b) if the subject-matter of the European patent is a product or a process of manufacturing a product or a use of a product which has to be administered by the United Nations of the underg tiv authorisation procedure required by law before it can be put on the market in that State. (3) Paragraph 2 shall apply mutatis mutandis to Euro pean patents granted jointly for a group of the Con tracting States in accordanc with article 142. (4) A Contracting State which makes provision for extension of the term or òàæó protection and fits paragraph 2 (b) may, in accordanc with an agreement concluded with the Organisation, entrust to the European Patent Office tasks associated with the implementation of the relevant provision. Article 64 rights conferred by a European patent (1) A European patent shall, subject to the process of sion of paragraph 2, it will confer on the proprietor from the date of publication of the mention of its grant, in each Contracting State in respect of which it is granted, the same rights as would be conferred by a national even ENT in the State granted you. (2) If the subject-matter of the European patent is a process, the protection conferred by the patent shall extend to the products directly obtained by such process. (3) Any infringement of a European patent shall be deal with by national law. Article 65 the Translation of the specification of the European even ENT (1) Any Contracting State may prescrib that if the text, in which the European Patent Office intends to grant a European patent or maintain a European en even as amended for that State is not drawn up in one of its official languages, the applicant for or proprietor of the patent shall supply to its central industrial prop erty Office a translation of this text in one of its official languages at his option or, where that State has pre scribed the use of one specific official language, in that language. The period for supplying the translation shall end three months of tion after the date on which the mention of the grant of the European patent or of the maintenance of the European patent as amended is published in the European Patent Bulletin, unless the State concerned a longer period of prescrib. (2) Any Contracting State which has adopted the process in paragraph 1 it will sion pursuan may prescrib that the applicant for or proprietor of the patent must pay all or part of the costs of publication of such translation within a period let down by that State. (3) Any Contracting State may prescrib that in the event of failure to observe the provision was adopted in accordanc with paragraphs 1 and 2, the European patent shall be deemed to be void ab initio in that State. Article 66 Equivalenc of European filing with national filing A European patent application which has been ac corded a date of filing shall, in the designated Con tracting States, be equivalent to a regular national fil ing, where appropriate with the priority claimed for the European patent application. Article 67 rights conferred by a European patent application after publication (1) A European patent application shall, from the date of its publication under article 93, provisionally confer upon the applicant such protection as is con ferred by article 64, in the Contracting States intricate desig nated in the application as published. (2) Any Contracting State may prescrib that a Euro pean patent application shall not confer such protect tion as is conferred by article 64. However, the pro tection attached to the publication of the European patent application may not be less than that which the law of the State concerned attach to the compulsory publication of unexamined national patent applic a tion. In any event, every State shall ensur at least that, from the date of publication of a European application, even en the applicant can claim compensation reasonable in the from of any person circumstanc who has used the invention in the said State in cumstanc where the cir that person would be liabl under the national law for infringement of a national patent. (3) Any Contracting State which does not have as an official language the language of the proceedings, may that provisional protection prescrib in accor dance with paragraphs 1 and 2 above shall not be effective until such time as a translation of the claims in one of its official languages at the option of the around plican or, where that State has prescribed the use of one specific official language , in that language: (a) has been made available to the public in the ner for prescribed by national law, me or (b) has been communicated to the person using the invention in the said State. (4) the European patent application shall be deemed never to have had the effects set out in paragraphs 1 and 2 above when it has been deemed to be withdrawn with drawn, or finally refused. The same shall apply in respect of the effects of the European patent in a Contracting State by Apple set the designation of which is withdrawn or deemed to be withdrawn. Article 68 effect of revocation of the European patent the European patent application and the resulting patent shall be deemed not to have had, as from the outse, the effects specified in articles 64 and 67, to the exten the that the patent has been revoked in the oppo sition proceedings. Article 69 the Exten of protection (1) the exten of the protection conferred by a Euro pean patent or a European patent application shall be determined by the terms of the claims. Not vertheles, the description and drawings shall be used to inter against the claims. (2) For the period up to grant of the European en, even the exten of the protection conferred by the Euro pean patent application shall be determined by the latest filed claims led in the publications and fits the article 93. However, the European patent as granted or as amended in opposition proceedings shall the term retroactively the protection de conferred by the European patent application, in so far as such pro tection is not thereby extended. Article 70 Authentic text of a European patent application or European patent (1) the text of a European patent application or a European patent in the language of the proceedings shall be the authentic text in any proceedings before the European Patent Office and in any Contracting State. (2) However, in the case referred to in article 14, paragraph 2, the original text shall, in proceedings before the European Patent Office, constitut the ba sis for determining whethers the subject-matter of the application or patent to extend beyond the content of the application as filed. (3) Any Contracting State may provide that (a) are transmitted as provided for in the tion, this Convention, in an official language of that State, shall in that State be regarded as authentic, except for Pro ceeding revocation, in the event of the application or patent in the language of the translation conferring protection which is conferred by nar rower than that it in the lan guage of the proceedings. (4) Any Contracting State which adopts a provision under paragraph 3: (a) must allow the applicant for or proprietor of the patent to file a corrected translation of the European patent application or European patent. Such translation shall not have rected core any legal effect until any conditions established by the Contracting State under article 65, paragraph 2, and article 67, para graph 3, have been complied with mutatis mutandis; (b) that any person prescrib Maya who, in that State, in good faith is using or has made effective and Seri ous preparation for using an invention the use of which would not be an infringement of the constitut Apple to set or patent in the original translation may, after the corrected translation takes effect, continue such use in the course of his business or for the needs thereof without payment. Chapter IV the European patent application as an object of property article 71 Transfers of rights in A constitution and European patent application may be transferred or give rise to rights for one or more of the designated Contracting States. Article 72 assignment An assignment of a European patent application shall be made in writing and shall require the signature of the parties to the contract. Article 73 Contractual licensing (A) European patent applications may be licensed in whole or in part for the whole or part of the territories of the Contracting States designated. Article 74 Law applicable Unless otherwise is specified in this Convention, the European patent application as an object of property shall, in each designated Contracting State and with effect for such State, be subject to the law applicable in that State to national patent applications part II APPLICATION For EUROPEAN patents Chapter I Filing and requirements of the European patent applications article 75 Filing of the European patent application (1) A European patent application may be filed: (a) at the European Patent Office in Munich or its branch at the Hague, at or (b) if the law of a Contracting State so permit, at the central industrial property office or other authority of the ten of the comp in a State. An application filed in this way shall have the same effect as if it had been filed on the same date at the European Patent Office. (2) the provision of paragraph 1 shall not preclud the application of legislative or regulatory provision for which, in any Contracting State: (a) an invention which govern, Owings to the nature of their subject-matter, may not be communicated abroad without the prior authorisation of the comp is tent authorities of that State, or (b) the prescrib that each application is to be filed with a national authority the ini tially or make direct filing with another authority subject to prior authorisation. (3) the Contracting State may provide for or allow the filing of European divisional applications with an au thority referred to in paragraph 1 (b). Article 76 European divisional applications (1) A European divisional application must be filed directly with the European Patent Office in Munich or its branch at the at the Hague. It may be filed only in re spec of subject-matter which does not extend be yond the content of the earlier application as filed; in so far as this provision is complied with, the divisional applic a tion shall be deemed to have been filed on the date of filing of the earlier application and shall have the benefit of any right to priority. (2) the European divisional application shall note the Contracting States which designat were not intricate desig nated in the earlier application. (3) the procedure to be followed in carrying out the provision of paragraph 1, the special conditions to be complied with by a divisional application and the time limit for paying the filing, search and designation fees are put down in the Implementing Regulations. Article 77 Forwarding of European patent applications (1) the central industrial property Office of a Con tracting State shall be obliged to forward to the Euro pean Patent Office, in the shortes time compatible with the application of national law concerning the secrecy of the invention in the interests of the State, any European patent applications which have been filed with that Office or with other competent authorities be in that State. (2) the Contracting States shall take all appropriate steps to ensur that European patent applications, the subject of which is not liabl help me? to secrecy by virtue of the law referred to in paragraph 1, shall be forwarded to the European Patent Office within six weeks after filing. (3) European patent applications which require examination as to their liability fuer there the secrecy shall be forwarded in such manner as they reach the European Patent Office within four months after filing, or, where priority has been claimed, fourteen months after the date of priority. (4) A European patent application, the subject of which has been made secret, shall not be forwarded to the European Patent Office. (5) European patent applications which do not reach the European Patent Office before the end of the fourteenth month after filing or, if priority has been claimed, after the date of priority shall be deemed to be withdrawn. The filing, search and designation fees shall be refunded. Article 78 requirements of the European patent application (1) A European patent application shall contain: (a) a request for the grant of a European patent; (b) a description of the invention; (c) one or more claims; (d) any drawings referred to in the description or the claims; (e) an abstract. (2) A European patent application shall be subject to the payment of the filing fee and the search fee within one month after the filing of the application. (3) A European patent application must satisfy the conditions laid down in the Implementing Regulation tion. Article 79 the Designation of Contracting States (1) the request for the grant of a European patent shall contain the designation of the Contracting State or States in which protection for the invention is de sired. (2) the designation of a contracting State shall be subject to the payment of the designation fee. The designation fees shall be paid within six months of the date on which the European Patent Bulletin men tion in the publication of the European search report. (3) the designation of a Contracting State may be withdrawn at any time up to the grant of the European patent. Withdrawals of the designation of all the Con tracting States shall be deemed to be (a) the attention of the European patent application. The designation fees shall not be refunded. Article 80 date of filing the date of filing of a European patent application shall be the date on which documents filed by the ap to plican contain: (a) an indication that a European patent is sought; (b) the designation of at least one Contracting State; (c) information identifying the applicant; (d) a description and one or more claims in one of the languages referred to in article 14, paragraphs 1 and 2, even though the description and the claims do not comply with the other requirements of this Con ven tion. Article 81 the Designation of the inventor the European patent application shall designat the inventor. If the applicant is not the inventor or is not the sole inventor, the designation shall contain (a) the statement indicating the origin of the right to the European patent. Article 82 the Unity of invention the European patent application shall relate to one invention only or to a group of invention so linked as to form a single general concept of inventiv. Article 83 Disclosure of the invention in the European patent application must disclos the invention in a manner sufficiently clear and complete for it to be carried out by a person skilled in the art. Article 84 the claims the claims shall define the matter for which protect tion is sought. They shall be clear and concise and be supported by the description. Article 85 the abstract the abstract shall merely serve for use as technical information; It may not be taken into account for any other purpose, in particular not for the purpose of in terpreting the scope of the protection sought nor for the purpose of applying article 54, paragraph 3 article 86 Renewal fees for European patent applications (1) Renewal fees shall be paid to the European Office in accordanc ENT Even with the Implementing Regulations in respect of European patent applic a tion. These fees shall be due in respect of the third year and each subsequent year, calculated from the date of filing of the application. (2) When a renewal fee has not been paid on or be for the due date, the fee may be validly paid within six months of the said date, provided that the addi tional fee is paid at the same time. (3) If the renewal fee and any additional fee have not been paid in due time the European patent shall be deemed Apple ca tion it to be withdrawn. The Euro pean Patent Office alone shall be competent to de cid this. (4) the obligation to pay renewal fees shall term Nate with the payment of the renewal fee due in re spec of the year in which the mention of the grant of the European patent is published. Chapter II Priority article 87 Priority right (1) A person who has duly filed in or for any State party to the Paris Convention for the Protection of the In dustrial Property, an application for a patent or for the registration of a utility model or for a utility certificate or for an inventor's certificate, or his successors in the ti TLE, shall enjoy, for the purpose of filing a European patent application in respect of the same invention , a right of priority during a period of twelve months from the date of filing of the first application. (2) Every filing that is equivalent to a regular national filing under the na tional law of the State where it was made or under bilateral or multilaterals agree proposals, including this Convention, shall be recognised as giving rise to a right of priority. (3) By a regular national filing means any filing that the ISA is sufficient to establish the date on which the Apple in the set was filed, whatever may be the outcome of the application. (4) A subsequent application for the same subject-matter as a previous first application and filed in or in respect of the same State shall be considered as the first application for the purpose of determining prior ity, provided that, at the date of filing the subsequent application, the previous application has been with drawn, without being abandoned or refused, open to the public inspection and without leaving any rights out standing , and has not served as a basis for claiming a right of priority. The previous application may not thereafter serve as a basis for claiming a right of priority. (5) If the first filing has been made in a State which is not a party to the Paris Convention for the Protect tion of Industrial Property, paragraphs 1 to 4 shall plya ... who gave only in so far as around that State, according to a published by the notific tion of the Administrative Council, and by virtue of bilateral agreements, the multilaterals gravel or on the basis of a first filing made at the European patent Of fic as well as on the basis of a first filing made in or for any State Contracting and subject to conditions equivalent to those put down in the Paris Convention, a right of priority having equivalent ef fect. Article 88 Claiming priority (1) An applicant for a European patent (menu rngton Line4) to take advantage of the priority of a previous applic a tion shall file a declaration of priority, a copy of the previous application and, if the language of the latter is not one of the official languages of the European Patent Office, a translation of it in one of such official language. The procedure to be followed in carrying out these provision is put down in the Implementing Regulations. (2) multiple allocation in may be claimed in respect of a European patent application, notwithstanding the fact that they originated in different countries. Around propriat, where multiple allocation to may be claimed for any one claim. Where multiple allocation with a claimed time limit, which run from the date of priority shall run from the date of priority earlies. (3) If one or more allocation with respect of the claimed in a European patent application, the right of priority shall cover only those elements of the European en application with which even included 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 ity the claims for mulated in the previous application, priority may be granted, provided nonetheles that the documents of the previous application as a whole specifically disclos is such element. Article 89 effect of priority right the right of priority shall have the effect that the date of priority shall count as the date of filing of the Euro pean patent application for the purpose of article 54, paragraphs 2 and 3, and article 60, paragraph 2. Of the procedure UP TO grant IV article 90 Examination on filing (1) the Receiving Section shall examin-whethers : (a) the European patent application to the re quirement satisf for the accordanc of a date of filing; (b) the filing fee and the search fee have been paid in due time; (c) in the case provided for in article 14, paragraph 2, the translation of the European patent application in the language of the proceedings has been filed in due time. (2) If a date of filing cannot be accorded, the Receive ing Section shall give the applicant an oppor tunity to correct the deficienc in accordanc with the Im plementing Regulation. If the you are not remedied deficienc in due time, the application shall not be deal with as a European patent application. (3) If the filing fee and the search fee have not been paid in due time or, in the case provided for in article 14, paragraph 2, the translation of the application in the language of the proceedings has not been filed in due time, the application shall be deemed to be with drawn. Article 91 Examination as to formal requirements (1) If a European patent application has been ac corded a date of filing, and is not deemed to be with drawn by virtue of article 90, paragraph 3, the Re ceiving examin the whethers IR Section: (a) the requirements of article 133, paragraph 2, have been satisfied; (b) the application meets the physical requirements laid down in the Implementing Regulations for the implementation of this provision; (c) the abstract has been filed; (d) the request for the grant of a European patent to the mandatory provision of satisf of the implementations that ing regulations concerning its content and, where appropriate, whethers the requirements of this Con vention concerning the claim to priority have been satisfied; (e) the designation fees have been paid; (f) the designation of the inventor has been made in accordanc with article 81; (g) the drawings referred to in article 78, paragraph 1 (d) were filed on the date of filing of the application. (2) where the Receiving Section notes that there may be corrected, in which deficienc it shall give the applicant an opportunity to correct them in accor dance with the Implementing Regulations. (3) If any deficienc noted in the examination and to der paragraph 1 (a) to (d) are not corrected in accor dance with the Implementing Regulations, the Apple in the set shall be refused; where the provision is referred to in paragraph 1 (d) concern the right of priority, this right shall be lost for the application. (4) where, in the case referred to in paragraph 1 (e), the designation fee has not been paid in due time in respect of any designated State, the designation of that State shall be deemed to be withdrawn. (5) where, in the case referred to in paragraph 1 (f), the omission of the designation of the inventor is not, in accordanc with the Implementing Regulations and subject to the exception laid down therein, corrected within 16 months after the date of filing of the Euro pean patent application or, if priority is claimed, after the priority date of the application shall be deemed to be withdrawn. (6) where, in the case referred to in paragraph 1 (g), the drawings were not filed on the date of filing of the application and no steps have been taken to correct the deficiency in accordanc with the Implementing Regulations, either the application shall be re-dated to the date of filing of the drawing or any reference to the drawing in the application shall be deemed to be deleted , according to the choice exercised by the applicant in accordanc with the Implementing Regulations. Article 92 the drawing up of the European search report (1) If a European patent application has been ac corded a date of filing and is not deemed to be with drawn by virtue of article 90, paragraph 3, the Search Division shall draw up the European search report on the basis of the claims, with due regards to the de scription and any drawings , in the form prescribed in the Implementing Regulations. (2) Immediately after it has been drawn up, the Euro pean search report shall be transmitted to the Apple cant together with cop in the fi eld of any cited doc. Article 93 Publications of a European patent application (1) A European patent application shall be the pub lished 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 date of priority. Nev ertheles, at the request of the applicant the applic a tion may be published before the expiry of the period referred to above. It shall be published-ously simultan with the publication of the specification of the European patent when the grant of the patent has become effective before the expiry of the period re ferred to above. (2) the publication shall contain the description, the claims and any drawing sharp filed an annexe, and, in the European search report and the abstract, in so far as the latter are available before the termination of the technical preparation for publication. If the Euro pean search report and the abstract have not been published at the same time as the application, they shall be published separately. Article 94 request for examination (1) the European Patent Office shall, on written request examin, whethers a European patent applic a tion and the invention to which it relate-meet the re quirement of this Convention. (2) A request for examination may be filed by the applicant up to the end of the six months after the date on which the European Patent Bulletin mentions the publication of the European search report. The re quest shall not be deemed to be filed until after the examination fee has been paid. The request may not be withdrawn. (3) If from the request for examination has been filed by the end of the period referred to in paragraph 2, the application shall be deemed to be withdrawn. Article 95 Extension of the period within which requests for ex amination may be filed (1) the Administrative Council may extend the pe riod within which requests for examination may be filed if it is established that European patent applic a tion in can not be examined in due time. (2) If the Administrative Council extend the period, it may decide that third parties will be entitled to make requests for examination. In such cases, it shall determin the appropriate rules in the Implementing Regulations. (3) Any decision of the Administrative Council to ex tend the period shall apply only in respect of the tion of applic filed after the publication of such decision in the Official Journal of the European Patent Office. (4) If the Administrative Council extend the period, it must lay down the measure with a view of restoring it to the original period as soon as possible. Article 96 Examination of the European patent application (1) If the applicant for a European patent has filed the request for examination before the European search report has been transmitted to him, the Euro pean Patent Office shall invite him after the States of the sion transm report indicates it, within a period to be deter mined, whethers to proceed further with the he nasty the European patent application. (2) If the examination of a European patent applic a tion reveals that the application or the invention to which it relate's does not meet the requirements of this Convention, the Examining Division shall invite the applicant, in accordanc with the Implementing Regulations and as often as not, to file his cessary ob servation of within a period to be fixed by the Examin ing Division. (3) If the applicant files the reply in due time to any in vitation under paragraph 1 or paragraph 2, shall be set by the Apple deemed to be withdrawn. Article 97 Refusal or grant (1) the Examining Division shall refus a European patent application if it is of the opinion that such around the invention or the plication which relate the it does not meet the requirements of this Convention, except where a different sanction is provided for by this Con vention. (2) If the Examining Division is of the opinion that the application and the invention to which it relate-meet the requirements of this Convention, it shall de cid to grant the European patent for the designated Con tracting States provided that: (a) it is established, in accordanc with the fineness of sion of the Implementing Regulations, that the Apple cant approve of the text in which the Examining Divi sion in tend to grant the patent; (b) the fees for grant and printing with paid within the time limit prescribed in the Implementing Regulations; (c) the renewal fees and any additional fees already due have been paid. (3) If the fees for grant and printing are not paid in due time, the application shall be deemed to be with drawn. (4) the decision to grant a European patent shall not take effect until the date on which the European Even ENT Bulletin mentions the grant. This mention shall be published at least 3 months after the start of the time limit referred to in paragraph 2 (b). (5) Provision may be made in the Implementing Regulations for the applicant to file a translation, in the two official languages of the European patent Of fic other than the language of the proceedings, of the claims appearing in the text in which the Examin ing Division intends to grant the patent. In such case, the period put down in paragraph 4 shall be at least five months. If the translation has not been filed in due time, the application shall be deemed to be with drawn. (6) At the request of the applicant, mention of grant of the European patent shall be published before ex-piry of the time limit under paragraph4 or5. Such re quest may only be made if the requirements to paragraphs2 and5 pursuan to me. Article 98 Publication of a specification of the European patent At the same time as it either publish the mention of the grant of the European patent by the European Patent Office shall publish a specification of the European patent containing the description, the claims and any drawing. Part V Opposition OPPOSITION procedure article 99 (1) Within nine months from the publication of the mention of the grant of the European patent, any person may give notice to the sons of the European Patent Office of opposition to the European patent granted. Notice of opposition shall be filed in a written reasoned State menu. It shall not be deemed to have been filed until the opposition fee has been paid. (2) the opposition shall apply to the European en even in all the Contracting States in which that patent has effect. (3) An opposition may be filed even if the European patent has been surrendered or has lapsed for all the designated States. (4) the Opponent shall be parties to the opposition Pro ceeding as well as the proprietor of the patent. (5) where a person provides evidence that in a Con tracting State, following a final decision, he has been entered in the patent register of such State in the stead of the previous proprietor, such person shall, at his re quest, replace the previous proprietor in respect of such State. By derogation from article 118, the prev, proprietor and the person making the ous the re quest shall not be deemed to be joint proprietor unless both of you so request. Article 100 Ground for opposition Opposition may only be filed on the grounds that: (a) the subject-matter of the European patent is not patentabl is within the terms of articles 52 to 57; (b) the European patent does not disclos the Phys tion in a manner sufficiently clear and complete for it to be carried out by a person skilled in the art; (c) the subject-matter of the European patent beyond the content of the ex tend of the application as filed, or, if the patent was granted on a divisional applic a tion or on a new application filed in accordanc with article 61, beyond the content of the earlier filed a tion s applic. Article 101 Examination of the opposition (1) If the opposition is admissibl, the Di vision of Opposition shall examin whethers the ground for the oppos tion let down in article 100 prejudice the maint-nance of the European patent. (2) In the examination of the opposition, which shall be conducted in accordanc with the provision of the Implementing Regulation, the Opposition Division shall invite the parties, as often as not, the cessary file observations, within a period to be fixed by the oppo sition Division, on communications from another party or issued by itself. Article 102 Revocation or maintenance of the European patent (1) If the Opposition Division is of the opinion that the grounds for opposition mentioned in article 100 prejudice the maintenance of the European patent, it shall revoke the patent. (2) If the Opposition Division is of the opinion that the grounds for opposition mentioned in article 100 do not prejudice the maintenance of the patent and the mended, it shall be the rejec opposition. (3) If the Opposition Division is of the opinion that, taking into considerations the amendments made by the proprietor of the patent during the opposition Pro ceeding, the patent and the invention to which it re lates meet the requirements of this Convention, it shall decide to maintain the patent as amended, pro vided that: (a) it is established, in accordanc with the fineness of sion of the Implementing Regulations , that the Pro prietor of the patent of the approve the text in which the Oppos are tion Division intends to maintain the patent; (b) the fee for the printing of a new specification of the European patent is paid within the time limit pre scribed in the Implementing Regulations. (4) If the fee for the printing of a new specification is not paid in due time, the patent shall be revoked. (5) Provision may be made in the Implementing Regulations for the proprietor of the patent to file a translation of any amended claims in the two official languages of the European Patent Office other than the language of the proceedings. If the translation has not been filed in due time, the patent shall be re voked. Article 103 Publication of a new specification of the European patent If a European patent is amended under article 102, paragraph 3, of the European Patent Office shall, at the same time as it either publish the mentions of the oppos to publish a new specification tion, decision of the Euro pean patent containing the description, the claims and any drawings, in the amended form. Article 104 (1) Each party Costa to the proceedings shall meet the costs he has incurred unless a decision of an oppo sition Division or Board of Appeal, for reasons of eq uity, warrant, in accordanc with the Implementing Regulation-lation, a different apportionmen of costs in curred during taking of evidence or in oral proceed ing. (2) On request, the registry of the Opposition two sion shall fix the amount of the costs to be paid under a decision apportioning them. The fixing of the costs by the registry may be reviewed by a decision of the Op position on a request filed Division within the pe riod let down in the Implementing Regulations. (3) Any final decision of the European Patent Office fixing the amount of costs shall be deal with, for the purpose of enforcement in the Contracting States, in the same way as a final decision given by a civil court of the State in the territory of which enforcement is to be carried out. Verification of such decision shall be limited to its authenticity. Article 105 Intervention of the assumed infringer (1) In the event of an opposition to a European even ENT being filed, any third party who you the Pro ceed prov ing for infringement of the same patent have been instituted against him may, after the opposition period has expired, to interven in the opposition Pro ceeding, if he give the notice of intervention within three months of the date on which the infringement proceedings were instituted to. The same shall apply in respect of any third party who prov's both that the proprietor of the patent has requested that he cease an alleged in-fringemen of the patent and that he has in proceedings for a stituted Court ruling that he is not infringing the patent. (2) the notice of intervention shall be filed in a written reasoned statement. It shall not be deemed to have been filed until the opposition fee has been paid. Thereafter the intervention shall, subject to any ex ception laid down in the Implementing Regulation, be treated as an opposition. On the procedure of APPEAL VI article 106 of the Decision subject to appeal (1) An appeal shall lie from the decision of the Examining Division to Receive Section, the ing Opposition two and sion the Legal Division. It shall have a suspensiv effect. (2) An appeal may be filed against the decision of the Opposition Division event if the European patent has been surrendered or has lapsed for all the intricate desig nated States. (3) A decision which does not terminate proceed as regards the ing one of the parties can only be around together with the final decision pealed, unless the de cision allows separate appeal. (4) the apportionmen of Costa of opposition Pro ceeding a cannot be the sole subject of an appeal. (5) A decision fixing the amount of costs in proceedings of oppos tion cannot be appealed unless the amount is in excess of that let down in the rules re lating to Fe. Article 107 persons entitled to appeal and to be parties to appeal proceedings Any party to proceedings adversely affected by a de cision may appeal. Any other parties to the proceed will be parties to the ing IR the appeal proceedings as of right. Article 108 time limit and form of appeal notice of appeal must be filed in writing at the Euro pean Patent Office within two months after the date of notification of the decision appealed from. The notice shall not be deemed to have been filed until after the fee for appeal has been paid. Within four months after the date of notification of the decision, a written statement setting out the grounds of appeal must be filed. Article 109 Interlocutory revision (1) If the Department whose decision is contested consider the appeal to be well founded, admissibl and it shall rectify its decision. This shall not around where the plya ... who gave appellan is opposed by another party to the proceedings. (2) If the appeal is not allowed within three months after receipt of the statement of grounds, it shall be remitted to the Board of Appeal without delay, and without comment as to its merit. Article 110 Examination of appeal (1) If the appeal is admissibl, the Board of Appeal shall examin the whethers the appeal is allowabl. (2) In the examination of the appeal, which shall be conducted in accordanc with the provision of the Implementing Regulations, the Board of Appeal shall invite the parties, as often as not, obser vation cessary to file, within a period to be fixed by the Board of Appeal, on communications from another party or is sued by itself. (3) If the applicant files the reply in due time to an ins tation vi paragraph 2, under the European patent shall be deemed to be around plication withdrawn, unless the decision under appeal was taken by the Legal Division. Article 111 Decision in respect of an appeal (1) Following the examination as to the allowability of the appeal, the Board of Appeal shall decide on the appeal. The Board of Appeal may either exercise any power within the competence of the Department which was responsible for the decision appealed or remi the case to that Department for further prosec-tion. (2) If the Board of Appeal to remit the case for further prosecution to the Department whose decision was appealed, that Department shall be bound by the ratio decidendi of the Board of Appeal, in so far as the facts are the same. If the decision which was around emanated from the pealed Receiving Section, the Examining Division shall similarly be bound by the ra ti decidendi of the Board of Appeal. Article 112 Decision or opinion of the Enlarged Board of Appeal (1) In order to ensur a uniform application of the law, or if an important point of law «arise: (a) the Board of Appeal shall, during proceedings on a case and either of its own motion or following a re quest from a party to the appeal, refer any question to the Enlarged Board of Appeal if it consider that a decision is required for the above purpose. If the Board of Appeal to reject the request, it shall give the reasons in its final decision; (b) the President of the European Patent Office may refer a point of law to the Enlarged Board of Appeal where two boards of Appeal have given different decisions on that question. (2) In the cases covered by paragraph 1 (a) the appeal to the court proceedings shall be parties to the proceedings before the Enlarged Board of Appeal. (3) the decision of the Enlarged Board of Appeal re ferred to in paragraph 1 (a) shall be binding on the Board of Appeal in respect of the appeal in question. On the COMMON PROVISION in the Chapter VII provision for each procedure (I) Common article 113 basis of decision (1) the decision of the European Patent Office may only be based on grounds or evidence on which the parties concerned have had an opportunity to present their comments. (2) the European Patent Office shall consider and decide upon the European patent application or the European patent only in the text submitted to it, or agreed, by the applicant for or proprietor of the same Ent. Article 114 Examination by the European Patent Office of its own motion (1) In proceedings before it, the European Patent Office shall Of the fic examin the facts of its own motion; It shall not be restricted in this examination to the facts, EVI and argument provided denc by the parties and the relief sought. (2) the European Patent Office may disregard facts or evidence which are not submitted in due time by the parties concerned. Article 115 observations by third parties (1) Following the publication of the European patent application, any person may present observations concerning the patentability of the invention in re spec of which the application has been filed. Such observations must be filed in writing and must include (a) a statement of the grounds on which they are based. That person shall not be a party to the proceedings before the European Patent Office. (2) the observations referred to in paragraph 1 shall be communicated to the applicant for or proprietor of the patent who may comment on them. Article 116 Oral proceedings (1) Oral proceedings shall take place either at the in Constance of the European Patent Office if it consider this to be expedien or at the request of any party to the proceedings. However, the European Patent Office may be Of the fic (a) request for further rejec oral proceedings before the same Department where the parties and the subject of the proceedings are the same. (2) Not vertheles, oral proceedings shall take place before the Receiving Section at the request of the applicant only where the Receiving Section consider this to be expedien or envisag where it's refusing the European patent application. (3) the Oral proceedings before the Receiving Section, the Examining Division and the Legal Division shall not be public. (4) the Oral proceedings, including delivery of the sion shall be published in the December, as regards the Board of Appeal and the Enlarged Board of Appeal, after publication of the European patent application, and also before the Opposition Division, in so far as the Department before which the proceedings are taking place does not decide otherwise in cases where admission of the public could have serious and unjustified disadvan-tag , in particular for a party to the proceedings. Article 117 Taking of evidence (1) In any proceedings before an Examining Sion, an Opposition Division two, the Legal Division or a Board of Appeal the means of giving or obtaining EVI denc is IR include the following: (a) hearing the parties; (b) requests for information; (c) the production of documents; (d) hearing the witness; (e) opinions by experts; (f) inspection; (g) sworn statements in writing. (2) the Examining Division, the Opposition Division or Board of Appeal may commission one of its members to examin the evidence adduced. (3) If the European Patent Office consider it neces sary for a party, witness or expert to give evidence orally, it shall either: (a) issue a summon to the person concerned to appear before it, or (b) request, in accordanc with the provision of Arti CLE 131, paragraph 2, the competent court in the country of residence of the person concerned to take such evidence. (4) A party, witness or expert who is summoned before the European Patent Office may request it to allow his lat met the evidence to be heard by a competent court in his country of residence. On receipt of such a request, or if there has been from the reply to the summon by the expiry of a period fixed by the European Patent Office in the summon, the European Patent Office may, in accordanc with the provision of article 131, paragraph 2, request the competent court to hear the person concerned. (5) If a party, witness or expert give evidence of the beam for the European Patent Office, the latter may, if it con sider it advisabl for the evidence to be given on a form or in an equally binding oaths, request the com Petten in the country the Court of residence of the person concerned by the re-examin his evidence under such conditions. (6) When the European Patent Office requests a competent court to take evidence, it may request the Court to take the evidence on an equally binding oaths or in form and to permit a member of the men concerned to attend depart to the hearing and question the party, witness or expert either through the inter mediary of the Court or directly. Article 118 the Unity of the European patent application or European patent where the applicants for or proprietor of a European patent are not the same in respect of different Contracting States, intricate desig nated they shall be regarded as joint applicants or proprietor for the purpose of Pro ceeding before the European Patent Office. The unity of the application or patent in these proceedings shall not be affected; in particular the text of the patent shall be around or plication uniform for all designated Contracting States unless otherwise provided for by in this Convention. Article 119 Notification the European Patent Office shall, as a matter of course, notify those concerned of decisions and summons, and of any notice or other tion of communic from which a time limit is reckoned, or of which those concerned must be notified under other prov in sion of this Convention, or of which notification has been ordered by the President of the European en Office Itself. Notifications may, where exceptional cir cumstanc's so require, be given through the inter mediary of the central industrial property offices of the Contracting States. Article 120 time limits the Implementing Regulations shall specify: (a) the manner of computation of time limits and the conditions under which such time limit may be ex tended, either because the European Patent Office or the authorities referred to in article 75, paragraph 1 (b), are not open to receive documents or because mail is not delivered in the localita to the European patent in which the Office or such authorities with site-ated or because the postal service with inter rupted or subsequently generally dislocated; (b) the minimum and maximum for the time limit to be de termined by the European Patent Office. Article 121 Further processing of the European patent applic a tion (1) If the European patent application is to be refused or deemed re fused or is withdrawn the fol lowing it be failure to reply within a time limit set by the European Patent Office, the legal consequences pro vided for IR not ensu or, if it has already ensued, shall be retracted if the applicant requests further processing of the application. (2) the request shall be filed in writing within two months of the date on which either the decision or the refus the applications the communications that the application is deemed to be withdrawn was notified. The omitted Act must be completed within the time limit. The request shall not be deemed to have been filed until the fee for further processing has been paid. (3) the Department competent to decide on the omi shall decide the ted Act on the request. Article 122 of the ins integrated Restituti (1) the applicant for or proprietor of a European patent who, in spits of all due care required by the cumstanc of having been taken, the cir was unable to ob serve a time limit vis-à-vis the European Patent Office shall, upon application, have his rights re-established the non-observanc to the if in question has the direct con sequences, by virtue of this Convention , of causing the refusal of the European patent application, or of a re quest, or the deeming of the European patent are set to Apple have been withdrawn, or the revocation of the European patent, or the loss of any other right or means of redres. (2) the application must be filed in writing within two months from the removal of the cause of the non-compl in the anc with the time limit. The omitted Act must be completed within this period. The application shall only be admissibl within the year immediately fol-lowing the expiry of the unobserved time limit. In the case of non-payment of a renewal fee, the period specified in article 86, paragraph 2, shall be deducted from the period of one year. (3) the application must state the grounds on which it is based, and must set out the facts on which it re lean. It shall not be deemed to be filed until after the fee for re-establishment of rights has been paid. (4) the Department competent to decide on the omi the Act shall decide upon the ted the application. (5) the provision of this article shall not be applic-ble to the time limit referred to in paragraph 2 of this article, article 61, paragraph 3, article 76, paragraph 3, article 78, paragraph 2, article 79, paragraph 2, article 87, paragraph 1, and article 94, paragraph 2 (6) Any person who, in a designated Contracting State, in good faith has used or made effective and serious preparation for using an invention which is the subject of a published European patent tion of applic a European patent or in the course of the period between the loss of rights referred to in paragraph 1 and publication of the mention of the re-establishment of those rights, may without payment continue such use in the course of his business or for the needs thereof. (7) Nothing in this article shall limit the right of a Con tracting State to grant in the integration of in re restituti spec of time limits provided for in this Convention and to be observed vis-à-vis the authorities of such State. Article 123 Amendments (1) the conditions under which a European patent application or a European patent may be amended in proceedings before the European Patent Office with a let down in the Implementing Regulations. In any case, an applicant shall be allowed at least one op portunity of amending the description, claims and drawings of his own volition. (2) A European patent application or a European even ENT may not be amended in such a way that it con tain a subject-matter which extend for beyond the con tent of the application as filed. (3) the claims of the European patent may not be amended during opposition proceedings in such a way as to extend the protection conferred. Article 124 Information concerning national patent applications (1) the Examining Division or the Board of Appeal may invite the applicant, within a period indicates it to be determined by it, the States in which he has made application for a national patent for the whole or part of the invention to which the European patent by Apple, and relate their set give the reference number of the said applications. (2) If the applicant files the reply in due time to an in under paragraph 1, tation vi the European patent shall be deemed to be around plication withdrawn. Article 125 reference to general principles In the absence of procedural provision in this Con vention, the European Patent Office shall take into account the principles of procedural law generally recognised in the Contracting States. Article 126 Termination of financial obligations (1) rights of the Organisation to the payment of a fee to the European Patent Office shall be four years from extin guished after the end of the calendar year in which the fee fell due. (2) rights against the Organisation for the refunding by the European Patent Office of fe or sum of money paid in excess of a fee shall be extinguished after four years from the end of the calendar year in which the right of aros. (3) the period put down in paragraphs 1 and 2 shall be interrupted in the case covered by paragraph 1 by a request for payment of the fee and in the case cov ered by paragraph 2 by a reasoned claim in writing. On interruption it shall begin again immediately and shall end at the latest six years after the end of the year in which it originally began, unless, in the mean time, judicial proceedings to enforce the right have begun; in this case the period shall end at the earlies one year after the judgement to enter into force. Chapter II Information to the public or official author article 127 the Court Register of the European Patent the European Patent Office shall keep a register, to be known as the Register of European patents, which shall contain those particular to the registration of which is provided for by this Convention. Of the entry shall be made in the Register prior to the publication of the European patent application. The Register shall be open to public inspection. Article 128 Inspection of files (1) the files relating to European patent applic a tion, which have not yet been published, shall not be made available for inspection without the consent of the surrounding plican. (2) Any person who can process that the applicant for a European patent has invoked the rights under the application against him may obtain inspection of the files prior to the publication of that application and without the consent of the applicant. (3) where a European divisional application or a new European patent application filed under article 61, paragraph 1, any person may obtain the is published, the in spection of the files of the earlier application prior to the publication of that application and without the consent of the relevant applicant. (4) subsequent to the publication of the European patent application, the files relating to such applic a tion and the resulting European patent may be in spected on request, subject to the restriction laid down in the Implementing Regulations. (5) Even prior to the publication of the European application, even en the European Patent Office may communicate the following bibliographic data to third parties or publish them: (a) the number of the European patent application; (b) the date of filing of the European patent applic a tion and, where the priority of a previous application is claimed, the date, State and file number of the application; the ous prev (c) the name of the applicant; (d) the title of the invention; (e) the designated Contracting States. Article 129 Periodical publication in the European Patent Office shall periodically publish: (a) a European Patent Bulletin containing entries made in the Register of European patents, as well as others in particular the publication of which is prescribed by this Convention; (b) an Official Journal of the European patent Of fic, containing notices and information of a general char acter issued by the President of the European Patent Office, as well as any other information rele vant to this Convention or its implementation. Article 130 of the Exchange of information (1) the European Patent Office and, subject to the application of the legislative provision is referred to — or in article 75, paragraph 2, the central in dustrial property Office of any Contracting State shall, on request, communicate to each other any useful information regarding the filing of European or na tional patent applications and any pro ceeding of immigrants regarding such applications and the re sulting patent. (2) the provision of paragraph 1 shall apply to the communication of information by virtue of working agreements between the European Patent Office and: (a) the central industrial property Office of any State which is not a party to this Convention; (b) any intergovernmental organisation entrusted with the task of granting patents; (c) any other organisation. (3) the communications under paragraphs 1 and 2 (a) and (b) shall not be subject to the restriction laid down in article 128. The Administrative Council may decide that communications under paragraph 2 (c) shall not be subject to such restriction, provided that the organisation concerned shall treat the information communicated as confidential until the European en application has been published even. Article 131 administrative and legal co-operation (1) Unless otherwise provided for in this Convention or in national laws, the European Patent Office and the courts or authorities of Contracting States shall on request give assistance to each other by the commune of information or opening files for cating inspection. Where the European Patent Office lay open to the inspection of the files by courts, the Public Prosecutor ' Office or central industrial property offices, the inspection shall not be subject to the restriction laid down in article 128 (2) Upon receipt of letters rogatory from the Euro pean Patent Office, the courts or other competent court the author of Contracting States shall, on behalf of the undertak a Office and within the limits of their jurisdiction, any enquiries or other legal cessary not me ur. Article 132 the exchange of publications (1) the European Patent Office and the central industrial property offices of the Contracting States shall despatch to each other on request and for their own use one or more of their respectiv a pub to cop to set free of charge. (2) the European Patent Office may of agreements relating to conclud the Exchange or supply of publications. Chapter III Representation article 133 General principles of representation (1) subject to the provision of paragraph 2, shall be compelled from the per son to be represented by a pro fessional representative in proceedings established by this Convention. (2) Natural or legal persons not having either a Resi denc or their principal place of business within the territory of one of the Contracting States must be rep resented by a professional representative and act through him in all proceedings established by this Convention, other than in filing the European patent application; the Implementing Regulations may permit others exception. (3) Natural or legal persons having their residence or principal place of business within the territory of one of the Contracting States may be represented in Pro ceeding is established by this Convention by an em ploye, who need not be a professional research is sentâ tiv is but who must be authorised in accordanc with the Implementing Regulations. The implementations that ing regulations may provide whethers and under what conditions an employee of such a legal person may also be other legal persons which represen have their principal place of business within the territory of one of the Contracting States and which have economic connections with the first legal person. (4) the Implementing Regulations may in special provision concerning the prescrib common sentation of the research parties acting in common. Article 134 Professional representatives (1) the Professional representation of natural or legal persons in proceedings established by this Conven tion may only be undertaken by professional research of the sentativ whose names appear on a list maintained for this purpose by the European Patent Office. (2) Any natural person who will fulfil the following may be entered in the Conde tion on the list of professional sentativ of research: (a) he must be a national of one of the Contracting States; (b) he must have his place of business or to employ men within the territory of one of the Contracting States; (c) he must have passed the European qualifying ex amination. (3) Entry shall be effected upon request, accompanied by certificates which must indicates that the con dition laid down in paragraph 2 are fulfilled. (4) persons whose names appear on the list of Pro fessional representatives shall be entitled to act in all proceedings established by this Convention. (5) For the purpose of acting as a professional sentativ, any person of research whose name appear on the list referred to in paragraph 1 shall be entitled to have a place of business tablish in any Contracting State in which proceedings established by this Convention may be conducted, having regard to the Protocol on Centralisation annexed to this Convention. The au to thorit of such State may remove that entitlement in individual cases only in the application of the legal provision is adopted for the purpose of protecting public security and law and order. Before such action is taken, the President of the European Patent Office shall be con sulted. (6) the President of the European Patent Office may, in a special circumstanc, grant exemption from the requirement of paragraph 2 (a). (7) the Professional representation in proceedings estab lished by this Convention may also be under taken, in the same way as by a professional research is sentativ, by any legal practitioner qualified in one of the Contracting States and having his place of bus to ness within such State, to the exten the that he is Enti tled, within the said State, to act as a professional representative in patent matters. Paragraph 5 shall apply mutatis mutandis. (8) the Administrative Council may make provision for the adop each: (a) the qualifications and training required of a person for admission to the sons of the European qualifying exams in the nation and the conduct of such examination; (b) the establishment or recognition of an Institute constituted by the persons entitled to act as representatives by virtue of Prof. sional of either the Euro pean qualifying examination or the provision of Arti CLE 163, paragraph 7; (c) any disciplinary power to be exercised by that Institute or the European Patent Office on such a person. On the impact ON NATIONAL LAW VIII Chapter I Conversion into a national patent applic a tion article 135 request for the application of national procedure (1) the central industrial property Office of a Contracting State shall apply intricate desig nated the procedure for the grant of a national patent only at the request of the applicant for or proprietor of a European patent, and in the following of circumstanc : (a) when the European patent application is deemed to be withdrawn, the article 77 pursuan on graph 5, or article 162, paragraph 4; (b) in such other cases as provided by the Office for the national law in which the European patent application is refused or withdrawn or deemed to be withdrawn, or the European patent is revoked under this Conven tion. (2) the request for conversion shall be filed within three months after the European patent application has been withdrawn or after notification has been made that the application is deemed to be withdrawn, or after a decision has been notified the ap plication refusing or revoking the European patent. The effect referred to in article 66 shall lapse if the request is not filed in due time. Article 136 Submissions and transmission of the request (1) (A) A request for conversion shall be filed with the European Patent Office and shall specify the Con tracting States in which application of the procedure for the grant of a national patent is desired. The re quest shall not be deemed to be filed until the fee has been paid to con version. The European Patent Office shall transmit the fic Of the request to the central industrial property offices of the Contracting States specified therein, accompanied by a copy of the files relating to the European patent application or the European even Ent. (2) However, if the applicant is notified that the Euro pean patent application has been deemed to be with drawn pursuan to article 77, paragraph 5, the re quest shall be filed with the central industrial property office with which the application has been filed. That Office shall, subject to the provision of national sec-rity, transmit the request, together with a copy of the European patent application, directly to the central office in dustrial property of the Contracting States specified by the applicant in the request. The effect referred to in article 66 shall lapse if such sion is not made by transm within twenty days after the date of filing or, if a priority has been claimed, after the date of priority. Article 137 Formal requirements for conversion (1) A European patent application transmitted in cordanc eyes with article 136 shall not be subjected to formal requirements of national law which differ from the en or additional to those provided for in this Convention. (2) Any central industrial property office to which the application is transmitted may require that the Apple cant shall, within not less than two months: (a) pay the national application fee; (b) file a translation in one of the official languages of the State in question of the original text of the Euro pean patent application and, where appropriate, of the text, as amended during proceedings before the European Patent Office, which the applicant wishes to submit to the national procedure. Chapter II Revocation and prior rights Article 138 grounds for revocation (1) subject to the provision of article 139, a Euro pean patent may only be revoked under the law of a Contracting State, with effect for its territory, on the following grounds: (a) if the subject-matter of the European patent is not patentabl is within the terms of articles 52 to 57; (b) if the European patent does not disclos the invention in a manner sufficiently clear and complete for it to be carried out by a person skilled in the art; (c) if the subject-matter of the European patent to extend beyond the content of the application as filed or, if the patent was granted on a divisional applic a tion or on a new application filed in accordanc with article 61, beyond the content of the earlier filed a tion s applic; (d) if the protection conferred by the European even ENT has been extended; (e) if the proprietor of the European patent is not Enti tled under article 60, paragraph 1 (2) If the grounds for revocation only affec the Euro pean patent revocation shall be in for, pronounced in the form of a òàæó limitations of the said patent. If the national law so allows, the limitations may be effected in the form of an amendment to the claims, the description or the drawings. Article 139 rights of earlier date or the same data (1) In any designated Contracting State a European patent application and a European patent shall have with regard to a national patent application and a na tional patent the same prior right effect as a national patent application and a national patent. (2) A national patent application and a national even ENT in a Contracting State shall have with regards to a European patent in which that Contracting State is designated the same prior right effect as they have with regard to a national patent. (3) Any Contracting State may whethers and on what the prescrib terms an invention disclosed in both (a) the Euro pean patent application or patent and a national ap plication or patent having the same date of filing or, where priority is claimed, the same date of priority, may be protected simultaneously by both applications or patents. Chapter III miscellaneous effects article 140 National utility models and utility certificates article 66, article 124, articles 135 to 137 and 139 shall apply to article on utility models and utility certificates and to applications for utility models and utility are registered or deposited certif Cates in the Contracting States whose laws make provision for such models or certificates. Article 141 Renewal fees for European patents (1) Renewal fees in respect of a European patent may only be imposed for the years which follow that referred to in article 86, paragraph 4., (2) Any renewal fees falling due within two months after the publication of the mention of the grant of the European patent shall be deemed to have been paid if they idly with val paid within that period. Any addi tional fee provided for under national law shall not be charged. Part IX SPECIAL agreements article 142 Unitary patent (1) Any group of Contracting States, which has pro vided by a special agreement that a European patent granted for those States has a unitary character throughout to their territories, may provide that (a) the Euro pean patent may only be granted jointly in respect of all those States. (2) where any group of Contracting States has availed itself of the authorisation given in paragraph 1, the provision of this part shall apply. Article 143 Special departments of the European Patent Office (1) the group of Contracting States may give a tional task to add the European Patent Office. (2) Special departments common to the Contracting States in the group may be set up within the Euro pean Patent Office in order to carry out the additional tasks. The President of the European Patent Office shall direct such special departments; Article 10, paragraphs 2 and 3, shall apply mutatis mutandis. Article 144 Representation before the special departments of the group of Contracting States may lay down SPE cialis it govern representation provision of parties before the departments referred to in article 143, paragraph 2 article 145 Select Committee of the Administrative Council (1) the group of Contracting States may set up a Select Committee of the Administrative Council for the purpose of supervising the activities of the special departments set up under article 143 , paragraph 2; the European Patent Office shall place at its disposal such staff, premises and equipment as may be nec essary for the performance of its duties. The Press in the den of the European Patent Office shall be the response to the ble for the activities of the special departments to the Select Committee of the Administrative Council. (2) the composition, powers and functions of the Select Committee shall be determined by the group of Contracting States. Article 146 Cover for expenditure for carrying out special tasks where additional tasks have been given to the Euro pean Patent Office under article 143, the group of Contracting States shall bear the expense incurred by the Organisation of in carrying out these tasks. Where special departments have been set up in the European Patent Office to carry out these additional tasks, the group shall bear the expenditure on staff, premises and equipment chargeabl in respect of these departments. Article 39, paragraphs 3 and 4, article 41 and article 47 shall apply mutatis mutandis. Article 147 payments in respect of renewal fees for unitary patents If the group of Contracting States has fixed a com mon scale of renewal fees in respect of European patents the proportion referred to in article 39, on the graph 1, shall be calculated on the basis of the com mon scale; the minimum amount referred to in article 39, paragraph 1, shall apply to the unitary patent. With the ticl, paragraphs 3 and 4, 39, shall apply mutatis by mu tandem. Article 148 the European patent application as an object of property (1) of article 74 shall apply unless the group of Con tracting States has specified otherwise. (2) The group of Contracting States may provide that (a) a European patent application for which these Con tracting States may only be designated by the trans ferred, mortgaged or subjected to any legal means of execution in respect of all the Contracting States of the group and in accordanc with the provision of the special agreement. Article 149 Joint designation (1) the group of Contracting States may provide that these States may only be designated jointly, and that the designation of one or some only of such States shall be deemed the constitut the designation of all the States of the group. (2) where the European Patent Office acts as a des ignated Office under article 153, paragraph 1 shall apply on the graph 1 if the applicant has indicated in the international application that he wishes to ob tain a European patent for one or more of the intricate desig nated States of the group. The same shall apply if the Apple cant designat in the international application, one of the Contracting States in the group, whose na tional law provides that the designation of that State shall have the effect of the application being for a Euro pean patent. For the X INTERNATIONAL APPLICATIONS PURSUAN TO the patent COOPERATION TREATY article 150 Application of the Patent Cooperation Treaty (1), the Patent Cooperation Treaty of 19 June 1970, hereinafter referred to as the Cooperation Treaty, shall be applied in accordanc with the provision of this part. (2) International applications filed under the Coop era tion Treaty may be the subject of proceedings before the European Patent Office. In such proceed ing, the provision of that Treaty shall be applied, supplemented by the provision of this Convention. In case of conflict, the provision of the Cooperation Treaty shall prevails. In particular, for an international application, the time limit within which a request for examination must be filed under article 94, paragraph 2, of this Convention shall not expires-before the time prescribed by article 22 or article 39 of the Treaty as the tion of the Cooper case maybe. (3) An international application, for which the Euro pean Patent Office acts as designated Office or elected Office, shall be deemed to be a European patent application. (4) where reference is made in this Convention to the Cooperation Treaty, such reference shall include the regulations under that Treaty. Article 151 the European Patent Office as a receiving Office (1) the European Patent Office may act as a receive ing Office within the meaning of article 2 (xv), of the Cooperation Treaty if the applicant is a resident or national of a Contracting State to this Convention in respect of which the Cooperation Treaty has entered into force. (2) the European Patent Office may also act as receiving Office (a) if the applicant is a resident or na tional of a State which is not a Contracting State to this Convention, but which is a Contracting State to the Cooperation Treaty and which has concluded an agreement with the Organisation whereby the Euro pean Patent Office acts as a receiving Office , in the eye with the cordanc provision of the Cooperation Treaty, in place of the national Office of that State. (3) subject to the prior approval of the tiv is administered by the Council, the European Patent Office may also act as a receiving Office for any other applicant, in accor dance with an agreement concluded between the Organisation and the International Bureau of the World Intellectual Property Organization. Article 152 Filing and transmittal of the international application (1) If the applicant choose the European Patent Office as a receiving Office for his international applic a tion, he shall file it directly with the European Patent Office. Article 75, paragraph 2, shall not vertheles around plya ... who gave mutatis mutandis. (2) In the event of an international application being filed with the European Patent Office through the in termediary of the competent central industrial prop erty Office, the Contracting State concerned shall take all measure to ensur not cessary that the application is transmitted to the European Patent Office in time for the latter to be able to comply in due time with the condition for transmittal under the Cooperation Treaty. (3) Each international application shall be subject to the payment of the transmittal fee, which shall be payable within one month after receipt of the applic a tion. Article 153 the European Patent Office as a designated Office (1) the European Patent Office shall act as a intricate desig nated Office within the meaning of article 2 (XIII) of the Cooperation Treaty for those Contracting States to this Convention in respect of which the Cooperation Treaty has entered into force and which are the intricate desig nated in the international application if the applicant has informed the receiving Office in the international Apple to set that he wishes to obtain a European patent for these States. The same shall apply if, in the interna tional application, the applicant (a) of the Con tracting designat State of which the national law provides that the designation of that State shall have the effect of the application being for a European patent. (2) When the European Patent Office acts as a des ignated Office, the Examining Division shall be come to take the decision of Petten which are required under paragraph 2 The ticl, 25 (a), of the Cooperation Treaty. Article 154 the European Patent Office as an International Searching Authority (1) the European Patent Office shall act as an Inter national Searching Authority within the meaning of Chapter I of the Cooperation Treaty for applicants who are residents or nationals of a Contracting State in respect of which the Cooperation Treaty has en tered into force, subject to the conclusion of an agreement between the Organisation and the Inter national Bureau of the World Intellectual Property Or ganization. (2) subject to the prior approval of the tiv is administered by the Council, the European Patent Office shall also act as an International Searching Authority for any others around plican, in accordanc with an agreement concluded between the Organisation and the development of the Intern tional Bu of the World Intellectual Property Or ganization. (3) the Board of Appeal shall be responsible for deciding on a protest made by an applicant against an additional fee charged by the European Patent Office under the provision of article 17, paragraph 3 (a), of the Cooperation Treaty. Article 155 of the European Patent Office as an International Preliminary Examining Authority (1) the European Patent Office shall act as an Inter national Preliminary Examining Authority within the meaning of Chapter II of the Cooperation Treaty for applicants who are residents or nationals of a Contracting State bound by that Chapter, subject to the conclusion of an agreement between the Organ, and the International Bureau sation of the World In tellectual Property Organization. (2) subject to the prior approval of the Administrative Council of the tiv, the The European Patent Office shall also act as an International Preliminary Examining Author ity for any other applicant, in accordanc with an agreement concluded between the Organisation and the interna tional Bureau of the World Intellectual Property Or ganization. (3) the Board of Appeal shall be responsible for deciding on a protest made by an applicant against an additional fee charged by the European Patent Office under the provision of article 34, paragraph 3 (a), of the Cooperation Treaty. Article 156 the European Patent Office as an elected Office, the European Patent Office shall act as an elected Office within the meaning of article 2 (xiv) of the Co-operation Treaty if the applicant has elected any of the designated States referred to in article 153, para graph 1, or article 149, paragraph 2, for which Chapter II of that Treaty has become binding. Subject to the prior approval of the Administrative Council, the same shall apply where the applicant is a resident or national of a State which is not a party to that Treaty or which is not bound by Chapter II of that Treaty, provided that he is one of the persons whom the As sembly of the International Patent Cooperation Union has decided to allow to article 31, pursuan, para graph 2 (b), of the Cooperation Treaty, to make a de mand for international preliminary examination. Article 157 International search report (1) without prejudice to the provision of para graph 2 to 4, the international search report under article 18 of the Cooperation Treaty or any tion of declare under article 17, paragraph 2 (a), of that Treaty and their publication under article 21 of that Treaty shall take the place of the European search report and the mention of its publication in the European Patent Bulletin. (2) subject to the decision of the Administrative Council referred to in paragraph 3: (a) a supplementary European search report shall be drawn up in respect of all international applic a tion; (b) the applicant shall pay the search fee, which shall be paid at the same time as the national fee provided for in article 22, paragraph 1, or article 39, paragraph 1, of the Cooperation Treaty. If the search fee is not paid in due time, the application shall be deemed to be withdrawn. (3) the Administrative Council may decide under what conditions and to what exten the: (a) the supplementary European search report is to be dispensed with; (b) the search fee is to be reduced. (4) the Administrative Council may at any time the decision taken res Cinda pursuan to paragraph 3. Article 158 of the international application Publication and it will supply to the European Patent Office (1) Publication under article 21 of the Cooperation Treaty of an international application for which the European Patent Office is a designated Office shall, subject to paragraph 3, take the place of the publica tion of a European patent application and shall be mentioned in the European Patent Bulletin. Such an application shall not however be considered as com prised in this state of the art in accordanc with article 54, paragraph 3, if the conditions laid down in para graph 2 are not fulfilled. (2) the international application shall be supplied to the European Patent Office in one of its official languages. The applicant shall pay to the European Patent Office the national fee provided for in article 22, paragraph 1, or article 39, paragraph 1, of the Cooperation Treaty. (3) If the international application is published in a language other than one of the official languages of the European Patent Office, that Office shall publish the international application, as specified in paragraph 2. supplied subject to the provision of article 67, paragraph 3, the provisional protection in accordanc with article 67, paragraphs 1 and 2, shall be effective from the date of that publication. On the TRANSITIONAL PROVISION of article 159 XI Administrative Council during a transitional period (1) the States referred to in article 169, paragraph 1, shall be appoin their representatives to the Council of the three administra tiv; on the invitation of the Government of the Federal Republic of Germany, the Administrative Council shall meet from later than two months after the entry into force of this Convention, particularly for the purpose of appointing the President of the European Patent Office. (2) the duration of the term of Office of the first Chair of the Administrative Council my appointed after the entry into force of this Convention shall be four years. (3) the term of Office of two of the elected members of the first Board of the Administrative Council set up after the entry into force of this Convention shall be five and four years respectively. Article 160 appointment during a transitional period of employees (1) Until such time as the service regulations for permanent employees and the conditions of employ men of other employees of the European Patent Office Of FICO have been adopted by the Administrative Council and the President of the European Patent Office, each within their respectiv power, shall recruit the cessary employees and shall not short-term conclud contracts to that effect. The Administrative Council may lay down general principles in respect of recruit men. During a transitional period (2), the expiry of which shall be determined by the Administrative Council, the Administrative Council, after consulting the President of the European Patent Office, may be as mem ber appoin of the Enlarged Board of Appeal or of the boards of Appeal technically or legally qualified members of national courts and authorities of the Con tracting States who may continue their activities in their national courts or authorities. They may be for a term of around pointed less than five years, though this shall not be less than one year, and may be reap pointed. Article 161 first accounting period (1) the first accounting period of the Organisation shall extend from the date of entry into force of this Convention the 31 December of the same year. If that date falls within the second half of the year, the ac counting period shall extend until 31 December of the following year. (2) the budget for the first accounting period shall be drawn up as soon as possible after the entry into force of this Convention. Until contributions provided for in article 40 du in accordanc with the first budget is received by the Organisation with, the Con tracting States shall, upon the request of and within the limit of the amount fixed by the Administrative Council, which shall be of the make advance deducted from their contributions in respect of that budget. The advance shall be determined by the in accordanc with the scale referred to in article 40. Article 39, paragraphs 3 and 4, shall apply mutatis mutandis to the ADA vanc. Article 162 progressive expansion of the field of activity of the European Patent Office (1) European patent applications may be filed with the European Patent Office from the date fixed by the Administrative Council on the recommendations of the President of the European Patent Office. (2) the Administrative Council may, on the recom men dation of the President of the European patent Of fic, decide that, as from the date referred to in para graph 1, the processing of European patent may be around the plic tion restricted. Such restriction may be in re spec of certain areas of technology. However, the exams are in any event shall be the nation made as the Euro pean whethers patent applications can be accorded a date of fil ing. (3) If a decision has been taken under paragraph 2, the Administrative Council may not subsequently fur there the restrict processing of European patent Apple to set. (4) where, as a result of the procedure being re stricted under paragraph 2, a European patent Apple ca tion cannot be further processed, the European Patent Office shall communicate this to the applicant and shall point out that he may make a request for conversion. The European patent application shall be deemed to be withdrawn on receipt of such comm of nication. Article 163 during a transitional period the Professional representatives (1) During a transitional period, the expiry of which shall be determined by the Administrative Council, not withstanding the provision of article 134, para graph 2, any natural person who fulfil the fol lowing conditions may be entered on the list of Pro fessional represent the tiv: (a) he must be a national of a Contracting State; (b) he must have his place of business or to employ men within the territory of one of the Contracting States; (c) he must be entitled to natural or legal persons, their represen in patent matters before the central industrial property Office of the Contracting State in which he has his place of business or employment. (2) the request shall be effected upon Entry, the nied by a certificate accomp, furnished by the central industrial property office, which must indicates that the Conde are laid down in paragraph 1 tion are fulfilled. (3) When, in any Contracting State, the entitlement to re ferred to in paragraph 1 (c) is not conditional upon the requirement of special professional qualifications, per sons applying to be entered on the list who act in patent matters before the central industrial property Office of the said State must have habitually so acted for at least five years. However, persons whose Pro fessional quali fication natural or legal person the represen in patent matters before the central industrial property Office of one of the Contracting States is off in accordanc with cially recognised in the regulations put down by such State shall not be subject to the condition of having ex-ercised the profession. The certificate furnished by the central industrial property office must-indicates that the applicant satisf to one of the conditions referred to in the present paragraph. (4) the President of the European Patent Office may grant exemption from: (a) the requirement of paragraph 3, the first line, if the applicant furnish the proof that he has acquired the qualification of the requisit in another way; (b) the requirement of paragraph 1 (a) in special cir cumstanc. (5) the President of the European Patent Office shall grant exemption from the requirement of para graph 1 (a), if on 5 October 1973 the applicant fulfilled the requirements of paragraph 1 (b) and (c). (6) persons having their places of business or em ploymen in a State which acceded to this Convention less than one year before the expiry of the transitional period referred to in paragraph 1 or after expiry of the transitional period the may, under the conditions laid down in paragraphs 1 to 5, during a period of one year calculated from the date of entry into force of the accession of that State to be entered on the list of Pro fessional representatives. (7) After the expiry of the transitional period, any per son whose name was entered on the list of prof's representatives during that period sional shall, with out prejudice to any disciplinary measure taken and fits the article 134, paragraph 8 (c), or, on request remain thereon, be restored, provided that theret he then fulfil the requirement of paragraph 1 (b). On the PROVISION of article XII FINAL Implementing Regulations and Protocol 164 (1) of the Implementing Regulations, the Protocol on Recognition, the Protocol on the Privileges and the Court, the Immun Protocol on Centralisation and the Protocol on the Interpretation of article 69 shall be integral parts of this Convention. (2) In the case of conflict between the provision of this Convention and those of the Implementing Regulations, the provision of this Convention shall prevails. Article 165 signature-Ratification (1) this Convention shall be open for signature and 5April 1974 by til the States which took part in the Inter-Governmental Conference for the setting up of a European system for the grant of a Patent or were informed of the holding of that Conference and of fered the options of taking part therein. (2) this Convention shall be subject to ratification; instruments of ratification shall be deposited with the Government of the Federal Republic of Germany. Article 166 (1) Accession this Convention shall be open to accession by: (a) the States referred to in article 165, paragraph 1; (b) any other European State at the invitation of the Administrative Council. (2) Any State which has been a party to the Conven tion and has ceased so to be as a result of the Apple in the set of article 172, paragraph 4, may again become a party to the Convention by acceding to it. (3) the Instrument of accession shall be deposited with the Government of the Federal Republic of Germany. Article 167 (1) Each Contracting reservations a State may, at the time of sign in there or when depositing its instrument of accession to the set or ratif, make only the reservations specified in paragraph 2 (2) Each Contracting State may reserve the right to provide that: (a) the European patent, in so far as they confer pro tection on chemical, pharmaceutical or food products, as such, shall, in accordanc with the provision around plicabl to national patent , be ineffectiv or revoc Blu; This reservation shall not be affec protection con ferred by the patent in so far as it's a process of involv manufacture or use of a chemical product or a process of manufacture of a pharmaceutical or food product; (b) the European patent, in so far as they confer on agricultural or horticultural protect tion processes other than those to which article 53, sub-paragraph (b), shall, in accordanc FA, with the provision of cable for Apple to national patents, be ineffectiv or Revo cable; (c) European patents shall have a term shorter than twenty years, in accordanc with the provision of the national Apple cable patent; (d) it shall not be bound by the Protocol on the tion Recogn. (3) Any reservation made by a Contracting State shall have effect for a period of not more than ten years from the entry into force of this Convention. However, where a Contracting State has made any of the reservations referred to in paragraph 2 (a) and (b) the Administrative Council may, in respect of such State, extend the period by not more than five years for all or part of any reservation made, if that State submit, at the latest one year before the end of the ten-year period , a reasoned request which satisf to the Administrative Council that the State is not in a position to dispens with that reservation by the ex-piry of the ten‑year period. (4) Any Contracting State that has made a reserve of tion shall withdraw this reservation as soon as CIRA cumstanc's permit. Such withdrawals shall be made by notification addressed to the Government of the Federal Republic of Germany and shall take effect one month from the date of receipt of such the notific tion. (5) Any reservation made in accordanc with para graph 2 (a), (b) or (c) shall apply to European patents granted on European patent applications filed during the period in which the reservation has effect. The effect of the reservation shall continue for the term of the patent. (6) without prejudice to paragraphs 4 and 5, any reservation shall cease to have effect on the expiry of the period referred to in paragraph 3, the first line, or, if the period is extended, on the expiry of the extended pe riod. Article 168 Territorial field of application (1) Any Contracting State may declare in its instrument of ratification or accession of the menu, or may notify the Government of the Federal Republic of Germany by written notification any time thereafter, that this Con vention shall be applicable to one or more of the ritor met for the external relations of which it is respon sible. European patent granted for that Contracting State shall also have effect in the territories for which such a declaration has taken effect. (2) If the declaration referred to in paragraph 1 the IR led in the instrument of ratification or acces sion, it shall take effect on the same date as the accession of set or ratif; If the declaration is made in a notification after the deposit of the instrument of accession, such as set or ratif notification shall take effect six months after the date of its receipt by the Gov ernmen 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 to all of the territories in respect of which it has given a notification pursuan to Such declaration shall paragraph 1. take effect one year after the date on which the Government of the Federal Republic of Germany received notification thereof. Article 169 Entry into force (1) this Convention shall enter into force three months after the deposit of the last instrument of the cart or accession by six fication States on whose territory the total number of patent applications filed in the 1970s amounted to at least 180 000 for all the said 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 after the deposit of the instrument of ratification or accession of the men. Article 170 Initial contributions (1) Any State which would accede to ratif or Con vention after it this entry into force, shall pay to the initial contribution, the United Nations Or ganisation which shall not be refunded. (2) the initial contributions shall be 5% of an amount calculated by applying the percentage obtained for the State in question, on the date on which ratification or accession takes effect, in accordanc with the scale provided for in article 40, paragraphs 3 and 4, to the sum of the special financial contributions due from the other Contracting State in respect of the accounting period preceding the date referred to above. (3) In the event that special financial contributions were not required in respect of the accounting period immediately preceding the date referred to in para graph 2, the scale of contributions referred to in that paragraph shall be the scale that would have been applicable to the State concerned in respect of the last financial year for which contributions were re quired. Article 171 Duration of the Convention the present Convention shall be of unlimited dura tion. Article 172 Revision (1) this Convention may be revised by a Confer enc of the Contracting States. (2) the Conference shall be prepared and con vened by the Administrative Council. The Conference shall not be deemed to be validly constituted unless at least a three-quarters of the Contracting States with the rep resented at it. In order to be the adop revised text there must be a majority of three-quarters of the contract ing States represented and voting at the Conference. The Abstention shall not be considered as votes. (3) the revised text shall enter into force when it has been ratified or acceded to by the number of the Con tracting States specified by the Conference, and at the time specified by that Conference. (4) Such States have ratified or acceded sharp note to the revised text of the Convention at the time of its entry into force shall cease to be parties to this Con vention as from that time. Article 173 of the Dispute between Contracting States (1) Any dispute between Contracting States con cern ing the interpretation or application of the present Convention which is not settled by negotiation shall be submitted, at the request of one of the States con cerned, the Administrative Council, which shall endeavour to bring about agreement between the States concerned. (2) If such agreement is not reached within six months from the date when the administrative Count lifts was seized of the dispute, any one of the States concerned may submit the dispute to the International Court of Justice for a binding decision. Article 174 Denunciation Any Contracting State may at any time denounc this Convention. Notification of denunciation shall be given to the Government of the Federal Republic of Germany. Denunciation shall take effect one year af ter the date of receipt of such notification. Article 175 Preservation of acquired rights (1) In the event of a State ceasing to be a party to this Convention in accordanc with article 172, paragraph 4, or article 174, rights already acquired pursuan to this Convention shall not be impaired. (2) A European patent application which is pending when a designated State cease to be party to the Convention shall be processed by the European en Office, Even in so far as that State is concerned, as if the Convention in force thereafter were applicable to that State. (3) the provision of paragraph 2 shall apply to the Euro pean patents in respect of which, on the date mentioned in that paragraph, an opposition is pend ing or the opposition period has not expired. (4) Nothing in this article shall be affec the right of any State that has ceased to be a party to this Convention to treat any European patent in accordanc with the text to which it was a party. Article 176 Financial rights and obligations of a former contract ing State (1) Any State which has ceased to be a party to this Convention in accordanc with article 172, paragraph 4, or article 174, shall have the special financial con Tri bution of which it has paid to it in article 40, pursuan on graph 2, refunded to it by the Organisation only at the time and under the condition whereby the tion of refunds Or ganis special financial contributions paid by other States during the same accounting period. (2) the State referred to in paragraph 1 shall, in the event after ceasing to be a party to this Convention, the con tinu to pay the proportion of the article 39 pursuan renewal fees in respect of European patent remains in force in the ing that the State, at the rate current on the date on which it ceased to be a party. Article 177 languages of the Convention (1) this Convention, drawn up in a single original, in the English, French and German languages, shall be 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 Contracting States other than those re ferred to in paragraph 1 shall, if they have been ap proved by the Administrative Council, be considered as official texts. In the event of conflict on the inter pretation of the various texts, the texts referred to in paragraph 1 shall be authentic. Article 178 Transmission and notifications (1) the Government of the Federal Republic of Germany shall draw up certified true cop to of this Convention and shall transmit them to the Governments of all signatory or acceding States. (2) the Government of the Federal Republic of Germany shall notify to the Governments of the States referred to in paragraph 1: (a) any signature; (b) the deposit of any instrument of ratification or accession; (c) any reservation or withdrawals of reservations pure suan to the provision of article 167; (d) any declaration or notification received pursuan to the provision of article 168; (e) the date of entry into force of this Convention; (f) any denunciation received pursuan to the fineness of the sion of article 174 and the date on which such de nunciation comes into force. (3) the Government of the Federal Republic of Germany shall register this Convention with the you of the Secr in tari United Nations. In WITNESS WHEREOF, the Plenipotentiar, having presented an theret to their Full Pow er, found to be in good and due form, have signed this Convention. Done at Munich on this fifth day of October one of thos sand nine hundred and seventy-three Protocol on the Interpretation of article 69 of the Convention (adopted at the Munich Diplomatic Conference for the setting up of a European system for the grant of a Patent on 5October 1973) article 69 should not be interpreted in the sense that the exten of the protection conferred by a European patent is to be understood as that defined by the strict , the literal meaning of the wording used in the claims, the description and drawings being employed only for the purpose of resolving an ambiguity found in the claims. Not should it be ither interpreted in the sense that the claims serve only as a guideline and that the actual protection conferred may extend to what, from a considerations of the description and drawings by a person skilled in the art, the patente has contemplated. On the contrary, it is to be interpreted as defining a position between these extremes which combines a fair protection for the patente with a reasonable degree of certainty for third parties.   PROTOCOL ON JURISDICTION AND the RECOGNITION OF DECISIONS IN respect OF the right TO the grant OF A EUROPEAN patent (PROTOCOL ON RECOGNITION) of 5 October 1973 Section I article 1 Jurisdiction (1) the courts of the Contracting States shall, in accordanc with articles 2 to 6, jurisdiction of the de cid have claims, against the applicant, to the right to the grant of a European patent in respect of one or more of the Contracting States designated in the European patent applications. (2) For the purpose of this Protocol, the term "courts" shall include authorities which, under the national law of a Contracting State, have jurisdiction to decide the claims referred to in paragraph 1 shall notify Any Contracting State the European Patent Office of the identity of any authority on which such a jurisdiction is conferred, and the European Patent Office shall in form the other Contracting States accordingly. (3) For the purpose of this Protocol, the term "Con tracting State" refer to a Contracting State which has not excluded the application of this Protocol to article pursuan 167 of the Convention. Article 2 subject to articles 4 and 5, if an applicant for a Euro pean patent has his residence or principal place of business within one of the Contracting States, shall be a pro ceeding brough against him in the courts of that Contracting State. Article 3 subject to articles 4 and 5, if an applicant for a Euro pean patent has his residence or principal place of business outside the Contracting States, and if the party claiming the right to the grant of the European patent has his residence or principal place of the bus to ness within one of the Contracting States, the courts of the latter State shall have exclusive jurisdiction. Article 4 subject to article 5, if the subject-matter of a Euro pean patent application is the invention of an em ploye, the courts of the Contracting State, if any, whose law the right to determin the European even ENT pursuan to article 60, paragraph 1, the second a long umbrella term, of the Convention, shall have exclusive Juris diction over proceedings between the employee and the employer. Article 5 (1) If the parties to a dispute concerning the right to the grant of a European patent have concluded an agreement, either in writing or verbally with written confirmation, to the effect that a court or the courts of a particular Contracting State shall decide on such a dispute, the Court or courts of that State shall have exclusive jurisdiction. (2) However, if the parties to an employee and his employer, paragraph 1 shall only apply in so far as the national law of the contract of employ each menu to allow for the agreement in question. Article 6 In cases where articles 2 it ither not 4 nor article 5, paragraph 1, apply to the courts of the Federal Republic of Germany made shall have exclusive jurisdiction. Article 7 the courts of Contracting States before which claims referred to in article 1 shall be of the brough their own motion decide whethers or not they have jurisdiction to articles 2 pursuan 6. Article 8 (1) In the event of proceedings based on the same claim and between the same parties being brough before courts of different Contracting States , the Court to which application is made shall (a) later of its own motion in favour of the jurisdiction of the declin in court to which an earlier application was made. (2) In the event of the jurisdiction of the Court to which an application is made earlier being challenged, the Court to which a later application is made shall stay the proceedings until the other court of a final de cision trail. Section II Recognition of article 9 (1) subject to the provision of article 11, paragraph 2, the final decision is given in any Contracting State on the right to the grant of a European patent in respect of one or more of the Contracting States designated in the European patent application shall be recog nised without requiring a special procedure in the other Contracting States. (2) the jurisdiction of the Court whose decision is to be recognised and the validity of such decision may not be reviewed. Article 10 article 9, paragraph 1, shall not be applicable where: (a) an applicant for a European patent who has not contested a claim of fineness that the document initiating the proceedings was not notified to him regularly and sufficiently early for him to defend himself; or (b) an applicant of the decision process that is income patibl with another decision given in a Contracting State in proceedings between the same parties which were started before those in which the decision to be recognised was given. Article 11 (1) In relations between the Contracting States any provision of this Protocol shall prevails over any con flicting provision of other agreements on jurisdiction or the recognition of a judgment. (2) this Protocol shall not be affec the implementation of any agreement between a Contracting State and a State which is not bound by the Protocol.   PROTOCOL ON PRIVILEGES AND to OF the IMMUNIT EUROPEAN patent ORGANISATION (PROTOCOL ON PRIVILEGES AND IMMUNIT) of 5 October 1973 for article 1 (1) the premises of the Organisation shall be the invi la ble. (2) the authorities of the States in which the Organ has its premise of the sation shall not enter those Prem, except make the ISO with the consent of the President of the European Patent Office. Such a consent shall be as sumed in case of fire or other disaster requiring prompt protective action. (3) service of process at the premise of the Organ and of any other procedural sation are indeed proposals re lating to a cause of action against the breach of the Or ganisation of inviolability shall not constitut. Article 2 the archives of the Organisation and any documents belonging to or held by it shall be inviolabl. Article 3 (1) Within the scope of its official activities the Organisation shall have immunity from jurisdiction and execution, except (a) to the exten to that the Organisation shall have expressly waived such immunity in a particular case; (b) in the case of a civil action by a third party for brough damage resulting from an accident caused by a motor vehicle belonging to, or operated on be half of the Organisation, or in respect of a motor of a fic traf offenc involving such vehicle; (c) in respect of the enforcement of an arbitration award made under article 23 (2) the property and assets of the Organisation, wherever situated, shall be any form of immun from requisition, confiscation, expropriation and sequ-tration. (3) the property and assets of the Organisation shall also be any form of immun from administrative or provisional judicial constraint, except in so far as may be OK in the connection with the cessary not prevention of, and the investigation into, accidents in volving motor vehicles belonging to or operated on behalf of the Organisation. (4) the official activities of the Organisation shall, for the purpose of this Protocol, be such as to not be a strictly administrative and cessary for it technical Opera tion, as set out in the Convention. Article 4 (1) Within the scope of its official activities the Or ganisation of property and income and it shall be ex emp from all direct taxes. (2) where substantial purchase for the exercise of its official activities, and in the price of tax or duties which are included, are made by the appropriate measure of Organisation shall, whenever possible, be taken by the Contracting States or to the remi reimburs the Organisation the amount of such tax or du Court. (3) shall be accorded in respect of the exemption of the Court and taxes which the sow from more than charges for public utility services. Article 5 goods imported or exported by the Organisation for the exercise of its official activities shall be the main from duties and charges on import or export other than fees or taxes representing services rendered, and from all prohibition and restriction on import or export. Article 6 of the exemption shall be granted under articles 4 and 5 in respect of goods purchased or imported for the personal benefit of the employees of the European Patent Office. Article 7 (1) the goods belonging to the Organisations which have been acquired or imported under article 4 or article 5 shall not be sold or given away except in accor dance with condition laid down by the Con tracting States which have granted the exemption. (2) the transfer of goods and provision of services between the various buildings of the Organisation shall be the main from charges or restriction of any kind; where appropriate, the Contracting States shall take all the cessary measure to remi or REIM Bursa the amount of such charges or to lift such re-striction. Article 8 the transmission of publications and others keep a tion material by or to the Organisation shall not be re stricted in any way. Article 9 the Contracting States shall accord the Organisation the currency in which the exemption was not cessary for the exercise of its official activities. Article 10 (1) With regard to its official communications and the transfer of all its documents, the Organisation shall in each Contracting State enjoy the most vourabl of the treatment accorded by the FAA that State to any other inter national organisations. (2) shall be applied to the official censorship Of com mu nication of the Organisation by whatever means of communication. Article 11 the Contracting States shall take all appropriate measure to facilitat the entry, stay and departure of the employees of the European Patent Office. Article 12 (1) the representatives of the Contracting States, the alternate representatives and their adviser or experts, if any, shall enjoy, while attending meetings of the Council and of the is Admin trativ any body established by it, and in the course of their journey to and from the place of meeting, the following privileges and imm-Nita: (a) immunity from arrest or detention and from the sei of their personal luggag zur» , except when found committing, attempting to commit, or just having committed an offenc; (b) immunity from jurisdiction, even after the period of their mission, in the na tion respect of acts, including words written and spoken, done by them in the cis of exer their function; This immunity shall not apply, however, in the case of a motor traffic of com mitted offenc by one of the persons referred to above, nor in the case of damage caused by a motor vehicle to be driven by a Cape longing or such person; (c) inviolability for all their official papers and doc file of; (d) the right to use codes and to receive documents or by special courier or sealed correspondenc bag; (e) exemption for themselves and their spouse's measure restricting entry and from all from the Aliens ' Regis tration formalit; (f) the same facilities in the matter of currency and exchange control as are accorded to the foreign Governments represent the tiv of on temporary official missions. (2) the Privilege and to the immunit accorded to the persons referred to in paragraph 1, not for their per sonal advantage but in order to complete in ensur dependenc in the exercise of their functions in the con with the Organisation not ction. Consequently, a Con tracting State has the duty to waiv the immunity in all cases where, in the opinion of that State, such a nity imm would the imped course of Justice and can be waived where it without prejudicing the pure post for which it was accorded. Article 13 (1) subject to the provision of article 6, the Press in the den of the European Patent Office shall enjoy the privilege accorded to the immunit and diplomatic agents under the Vienna Convention on Diplomatic relations of 18 April 1961. (2) However, immunity from jurisdiction shall not around plya ... who gave in the case of a motor traffic is committed by the offenc President of the European Patent Office or dam age caused by a motor vehicle belonging to or driven by him. Article 14 the employees of the European Patent Office: (a) shall, even after their service has terminated, have immunity from jurisdiction in respect of acts, in cluding words written and spoken, done in the cis of exer their function; This immunity shall not apply, however, in the case of a motor traffic comes an offenc mitted by employees of the European patent Of fic, nor in the case of damage caused by a motor vehicle belonging to or driven by an employee; (b) shall be the main from all obligations in respect of military service; (c) shall enjoy inviolability for all their official papers and documents; (d) shall enjoy the same facilities as regards the main measure restricting tion from all immigration and aliens ' registration as with each of their staff members normally ac corded organise the tion of international, as shall members of their families forming part of their household; (e) shall enjoy the same privileges in respect of exchange regulations as are normally accorded to the staff members of international organisations; (f) shall enjoy the same facilities as to repatriation as diplomatic agents in time of international crisis, as shall the members of their families forming part of their household; (g) shall have the right to import free of duty-their fur ni there and personal effects at the time of first taking up their post in the State concerned and the right on the termination of their functions in that State it ex port free of duty their furniture and personal effects, sub ject to the condition considered by the cessary not Government of the State in whose territory the right is exercised and with the exception of property acquired in that State which is subject to an export prohibition therein. Article 15 experts performing functions on behalf of, or carry ing out missions for, the Organisation shall enjoy the fol lowing a privilege and, to the immunit the exten that ut300r2u cessary not for the carrying out of their var-tion, including during the journey made in carrying out their functions and in the course of such missions: (a) immunity from jurisdiction in respect of acts done by them in the exercise of their functions , in cluding the word spoken, except in written or in the case of a mo tor traffic is committed an offenc by expert or in the case of damage caused by a motor vehicle driven by him or it belong ing; experts shall continue their en joy this immunity after they have ceased to be em ployed by the Organisation; (b) inviolability for all their official papers and doc file of; (c) the exchange facilities not cessary for the trans fer of their remuneration. Article 16 (1) the persons referred to in articles 13 and 14 shall be subject to a tax for the benefit of the Organ in the salar and sation on emolument paid by the Or ganisation, subject to the conditions and rules passed down by the Administrative Council within a period of one year from the date of the entry into force of the Convention. From the date on which this tax is around plied, such shall be the emolument and salar ex emp from national income tax. The Contracting States may, however, take into account the salar and the emolument of when assessing the main amount of tax to be applied to income from other sources. (2) Paragraph 1 shall not apply to pension and paid by the United Nations to nuit Organisation to the former em ploye of the European Patent Office. Article 17 of the Administrative Council shall decide the categ ries of employees whom the the the provision of article 14, in whole or in part, and article 16 shall apply and the categories of experts to whom the provision of article 15 shall apply. The names, titles and ad dresses of the employees and experts included in such categories shall be communicated from time to time to the Contracting States. Article 18 In the event of the Organisation establishing its own social security scheme, the Organisation and the em ploye of the European Patent Office shall be ex emp from all compulsory contributions to national security schemes, these cialis subject to the agreements made with the Contracting States in accordanc with the provision of article 25, article 19 (1) the privilege and to provided for in this immunit Protocol are not designed to give it to the employees of the European Patent Office or experts performing functions for or on behalf of the Organisation per sonal advantage. Ut300r2u provided solely to en sure, in all, the unimpeded function of circumstanc ing of the Organisation and the complete independ enc of the person to whom they are accorded. (2) the President of the European Patent Office has the duty to consider the immunity where he waiv that such immunity prevents the normal course of Justice and that it is possible the dispens with such immunity without prejudicing the interests of the Or ganisation. The Administrative Council may waiv-immunity of the President for the same reason. Article 20 (1) the Organisation shall co-operate at all times with the competent authorities of the Contracting States in the order to the proper administration of facilitat justice ensur it the observanc of the police regulation tion and regulations concerning public health, inspection or other similar national la bour legislation, and to prevent any abuse of the privilege, courts and facilities provided immun for in this Protocol. (2) the procedure of co-operation mentioned in para graph 1 may be let down in the complementary agree-Parliament referred to in Article 25 article 21 Each Contracting State retain the right to take all precaution cessary not in the interests of its security. Article 22 of the Contracting State is obliged to extend the private in the leg and referred to it in the article immunit 12, article 13, article 14, sub-paragraph (b), (e) and (g), and With 15 sub-ticl, paragraph (c), it: (a) its own nationals; (b) any person who at the time of taking up his tion with the var Organisation has his permanent Resi denc in that State and is not an employee of any other inter-governmental organisation whose staff is incorporated into the Organisation. Article 23 (1) Any Contracting State may submit an arbitration tribunal of the intern tional any dispute concerning the Organisation or an employee of the European Patent Office or an expert performing functions on its behalf for or, in so far as the Organisation or the employ ees and experts have claimed a privilege or an im munity under this Protocol in the where clause that circumstanc im munity has not been waived. (2) If a Contracting State intends to submit a dis to arbitration, in the foam shall notify the Chairman of the Ad ministrativ Council shall forthwith notify, who each Contracting State of such notification. (3) the procedure let down in paragraph 1 of this article shall not apply to the dispute between the Or ganisation and the employees or experts in respect of the service regulations or conditions of employ men or, with regards to the employees, the Pension scheme regulations. (4) the appeal shall lie against the award of the tribunal, which shall Arbi tration be final; It shall be bind ing on the parties. In case of dispute concerning the im port or scope of the award, it shall be bent upon of the Incas arbitration tribunal to the interpre it on re quest by Hey there party. Article 24 (1) the arbitration tribunal referred to in article 23 shall be consis of three members, one arbitrator Nomi nated by the State or States party to the arbitration, one arbitrator nominated by the administrative Count and a third arbitrator pick, who shall be the chairman, nominated by the said two arbitrator. (2) the arbitrator shall be nominated by a panel comprising the from from more than six of the arbitrator appointed by each Contracting State and six appointed by the arbitrator by the Administrative Council. This panel shall be established as soon as possible after the Protocol enter into force and shall be revised each time this process not cessary. (3) If, within three months from the date of the of it notifu set referred in article 23, paragraph 2, Hey there party file to make the nomination referred to in para graph 1 above, the choice of the arbitrator shall, on request of the other party, be made by the Press in the den of the International Court of Justice from the persons included in the said panel. This shall also apply, when so requested by either party, if, within one month from the date of appointment of the arbitrator, the Onda sec first two with the arbitrator is unable to agree on the rent to the nation of the third arbitrator. How ever, if, in these two cases, the President of the In ternational Court of Just believe is prevented from making the choice, or if he is a national of one of the States parties to the dispute, the Vice-President of the In ternational Court of Just believe in make the IR of the mentioned appointments, afors provided that he himself is not a national of one of the States parties to the dis foam; If such is the case, the members of the interna tional Court of Justice who is not a national of one of the States parties to the dis foam and who has been chosen by the President or Vice-President shall make the appointments. A na tional of the State around plying for arbitration may not be chosen to fill the post of the arbitrator whose around the devolv pointmen on the Administrative Council nor may a person in cluded in the panel and appointed by the Council be chosen by Admin trativ to fill the post of an Arbi trator whose appointment devolv on the State which is the claiman. Nor may a person of Hey there of these categories be chosen as chairman of the Tri-bunal. (4) the arbitration tribunal shall draw up its own rules of procedure. Article 25 the Organisation may, on a decision of the Admin is trativ Council, with one or more conclud Con trac to ing States complementary agreements to give effect to the provision of this Protocol as regards such State or States, and others subject to en sure the efficient functioning of the Organisation and the safeguarding of its interests. PROTOCOL ON the CENTRALISATION OF the EUROPEAN patent system AND ON its INTRODUCTION (PROTOCOL ON CENTRALISATION) of 5 October 1973 Section I (1) (a) Upon entry into force of the Convention, States parties shall theret which are also members of the Inter national patent Institute set up by the Hague agree men of 6 June 1947 shall take all steps to ensur cessary not the transfer to the European Patent Office from later than the date referred to in article 162 for graph 1, of the Convention of all assets and liabilit and all staff members of the interna tional patent In stitut. Such transfer shall be effected by an agree men to between the International Patent Institute and the European Patent Organisation. The above States and the other States parties to the Convention shall take all steps to ensur cessary not that that men shall be implemented to agree from later than the date re ferred to in article 162, paragraph 1, of the Conven tion. Upon implementation of the agreement, those Member States of the International Patent Institute which are also parties to the Con vention further and dertak to terminate their partic the pation in the Hague Agreement. (b) the States parties to the Convention shall take all steps to ensur cessary not that all the assets and liabilit and all the staff members of the interna tional Patent Institute with taken into the European Patent Office in accordanc with re ferred to the agreement in sub-paragraph (a). After the implement of the tion that agreement the tasks to the International incumben upon patent Institute at the date on which the Convention is opened for signature, and in particular those carried out vis-à-vis its Member States, whethers or not they become parties to the Conven tion, and such tasks as it has undertaken at the time of the en try into force of the Convention to carry out vis-à-vis States which at that date, are both mem ber of the International Patent Institute and parties to the Con vention, shall be assumed by the Euro pean Patent Office. In addition, the Administrative Council of the European Patent Organisation may allocate further duties in the field of searching it in the European Patent Office. (c) the above obligation shall be also apply mutatis mutandis to the sub-office set up under the Hague Agreement under the conditions set out in the agreement between the International Patent Institute and the Government of the Contracting State con cerned. This Government hereby undertak-to make a new agreement with the European patent Organ in sation in place of the one already made with the In ternational Patent Institute to the services of harmonis concerning the organisation, operation and financing of the sub-office with the provision of this Protocol. (2) subject to the provision of Section III, the States parties to the Convention shall, on behalf of their central industrial property office, in favour of the renounc European Patent Office any activities as Inter national Searching authorities under the patent co-operation Treaty Co as from the date referred to in Arti CLE 162, paragraph 1, of the Convention. (3) (a) (A) the sub-office of the European Patent Office for searching patent applications shall be the European set up in Berlin (West) as from the date referred to in article 162, paragraph 1, of the Convention. It shall operate under the direction of of the branch at the Hague. (b) the Administrative Council shall determin the duties to be allocated to the sub-office in Berlin in the light of general considerations and of the re quir is Parliament of the European Patent Office with regard to searching. (c) At least at the beginning of the period following the progressive expansion of the field of activity of the European Patent Office, the amount of work as it signed that sub-office shall be sufficient to enable the ex amining staff of the Berlin Annex of the Ger man en the Office Itself, as it stands at the date on which the Con vention is opened for signature , to be fully employed. (d) the Federal Republic of Germany shall bear any additional costs incurred by the European patent the Or ganisation in setting up and maintaining the sub-of fic in Berlin. Section II subject to the provision of sections III and IV, the States parties to the Convention shall, on behalf of their central industrial property office, in favour of the renounc European Patent Office as International Preliminary Examining activities any authorities under the Patent Cooperation Treaty. This obligation shall apply only to the exten to which the European Patent Office European patent Apple examin Maya are set in accordanc with article 162, paragraph 2, of the Convention and shall not apply until two years after the date on which the European Patent Office has begun examining activities in the area of tech nology concerned, on the basis of a five-year plan which shall progressively extend the activities of the Euro pean Patent Office to all areas of technology and which may be amended only by a decision of the Ad ministrativ Council. The procedures for the Maine impl ing this obligation shall be determined by dec in sion of the Administrative Council. Section II (1) the central industrial property Office of any State party to the Convention in which the official language is not one of the official languages of the European Patent Office, shall be authorised to act as an Inter national Searching Authority and as an International Preliminary Examining Authority under the Patent Cooperation Treaty. Such authorisation shall be sub ject to an undertaking by the State concerned to re strict such activities to international applications filed by nationals or residents of such States and by nation al residents of States or parties to the Con vention which are adjacent to that State. The Ad ministrativ Council may decide their central industrial property the authoris Office of any State party to the Convention to extend such activities to cover such international may be filed around plication as by nationals or residents of any non-Contracting State having the same official language as the Contracting State in question and drawn up in that language. (2) For the purpose of harmonising search activities under the Patent Cooperation Treaty within the framework of the European system for the grant of a patent shall be established co-operation between the European Patent Office and the central industrial property Office of any authorised under this Section. Such co-operation shall be based on a special agreement which may cover e.g. search procedures and meth ODS, the qualifications required for the recruitment and training of the examiner, the guidelines for the exchange of search and other services between the offices as well as others of needed "to establish the re quired control and supervision. Section IV (1) (a) For the purpose of facilitating the adaptation of the national patent offices of the States parties to the Convention to the European patent system, the Administrative Council may, if it consider it desirabl, and subject to the conditions set out below, entrust the industrial property Office of the trawl price such of those States in which it is possible to conduct the Pro ceed ing in one of the official languages of the European Patent Office with tasks concerning the examination of European patent applications drawn up in that lan guage which, to article 18, pursuan paragraph 2, of the Convention, shall, as a general rule, be entrusted to a member of the Examining Di vision. Such tasks shall be carried out within the framework of the Pro ceeding for grant let down in the Convention; decision on such applications shall be taken by the Examining Di vision composed in ac cor dance with article 18, para graph 2. (b) tasks entrusted under sub-paragraph (a) shall not be in respect of more than 40% of the total num ber of European patent applications filed; tasks en trusted to any one State shall not be in respect of more than one-third of the total number of European patent applications filed. These tasks shall be for a period of 15 en trusted years from the opening of the European Patent Office and shall be reduced progressively (in principle by 20% a year) to zero during the last 5 years of the period. (c) the Administrative Council shall decide, while taking into account the provision of sub-paragraph (b), upon the nature, origin and number of the Euro pean patent applications in respect of which the exam tasks may be entrusted in the ing to the central industrial property Office of each of the Contracting States mentioned above. (d) the above procedures shall be implementing set out in a special agreement between the central in dustrial property Office of the Contracting State con cerned and the European Patent Organisation. (e) An Office with which such a special agreement has been concluded may act as an Examining Authority International pre liminary under the patent Treaty, until the Coop eration expiry of the period of 15 years. (2) (a) If the Administrative Council consider that it is compatible with the proper functioning of the Euro pean Patent Office, and in order to the diff to alleviat cults in which Maya «arise for certain Contracting States from the application of Section I, paragraph 2, it may entrust searching in respect of European en even around to the plication central industrial property of FICO of those States in which the official language is one of the official languages of the European Patent Office, provided that these offices posses the nec essary qualification for appointment as an Intern a tional Searching Authority in accordanc with the condition laid down in the Patent Cooperation Treaty. (b) In carrying out such work, undertaken under the responsibility of the European Patent Office, the Office of the industrial property concerned prices trawl shall adher to the guidelines applicable to the drawing up of the European search report. (c) the provision of paragraph 1 (b), the second long umbrella term, and sub-paragraph (d) of this Section shall plya ... who gave to this paragraph around. Section V (1) the sub-office referred to in Section I, paragraph 1 (c), shall be authorised to carry out searches, among the documentation which is at its disposal and which is in the official language of the State in which the Office is located, the sub-in respect of the Euro pean even ENT applications filed by nationals and Resi dent of that State. This authorisation shall be on the under standing that the procedure for the grant of European patents will not be delayed and that addi tional costs will not be incurred for the European patent Organ of the sation. (2) the sub-office referred to in paragraph 1 shall be authorised to carry out, at the option of an Apple cant for a European patent and at his expense, a search on his patent applications among the docu mentation referred to in paragraph 1. This shall be effective the authoris tion until the search provided for in article 92 of the Convention has been extended , in accordanc with Section VI, it covers such document shall be tation and on the understanding that the Pro cedur for the grant of European patents will not be delayed. (3) the Administrative Council may also extend the authorisation provided for in paragraphs 1 and 2, under the conditions of those paragraphs, to the industrial property Office of price trawl a Contracting State which does not have as an official language one of the official languages of the European Patent Office. Section VI the search provided for in article 92 of the Conven tion shall, in principle, be extended, in respect of all European patent applications, the published patents, published patent applications and other relevant documents of Contracting States not included in the search documentation of the European Patent Office on the date referred to in article 162, paragraph 1, of the Convention. The exten, condition and timing of any such extension shall be determined by the Ad Council ministrativ on the basis of a study con cern ing particularly the technical and financial s pect. The provision of section VII of this Protocol shall prevails over any contradictory provision of the Convention. Section VIII of the decision of the Administrative Council provided for in this Protocol shall require a three-quarters the ma jority (article 35, paragraph 2, of the Convention). The pro-visions of the weighting of votes each (With the ticl 36 of the Convention) shall apply.   Implementing regulations to the Convention on the grant of European patents of 5 October 1973 as last amended by Decision of the Administrative Council of the European Patent Organisation of 13 December 2001 on the IMPLEMENTING regulations TO part (I) (I) OF the CONVENTION Chapter I the languages of the European Patent Office rule 1 derogations from the provision for immigrants the language of the proceedings in written proceedings (1) In written proceedings before the Office the European en Even any party may use any the official language of the European Patent Office. The translation referred to in article 14, paragraph 4, may be filed in any off cial lan guage of the European Patent Office. (2) Amendments to a European patent application or European patent must be filed in the language of the proceedings. (3) documents to be used for the purpose of evidence before the European Patent Office, and may be filed, particularly publications in any language. The Euro pean Patent Office may, however, require that a trans lation be filed, within a given time limit of not less than one month, in one of its official languages. Rule 2 derogations from the provision for immigrants the language of the proceedings in oral proceedings (1) Any party to oral proceedings before the Euro pean Patent Office may, in lieu of the language of the Pro ceeding, use one of the other official languages of the European Patent Office, on condition either that such party to give notice of it in the European Patent Office at least one month before the date put down for such oral proceedings or makes provision for in terpreting into the language of the proceedings. Any party may make wise use one of the official languages of the States, the trac ing Con on condition that he makes provision for interpretation into the language of the proceedings. The European Patent Office may permit derogations from the provision of this paragraph. (2) In the course of the oral proceedings, the employees of the European Patent Office may, in lieu of the lan guage of the proceedings, use one of the others off cial languages of the European Patent Office. (3) In the case of taking of evidence, any party to be heard, witness or expert who is unable to express him self adequately in one of the official languages of the European Patent Office or the Contracting States may use another language. Should the taking of EVI be decided upon following a denc request by a party to the proceedings, parties to be heard, witness or experts who express themselves in languages other than the official languages of the European Patent Office may be heard Of FICA only if the party who made the re quest makes provision for interpretation into the lan guage of the proceedings; the European Patent Office may, how ever, the interpretation into the authoris one of its other off cial languages. (4) If the parties and the European Patent Office agree, any language may be used in oral proceed ing. (5) the European Patent Office shall, if not cessary, make provision at its own expense for interpretation into the language of the proceedings, or, where around Pro priat, into its other languages, unless the official this is the responsibility in terpretation of on of the parties to the proceedings. (6) statements by employees of the European en Office, Even by parties to the proceedings and by wit nessa and experts, made in one of the official lan guage of the European Patent Office during oral proceedings shall be entered in the minutes in the lan guage em ployed. Statements made in any other lan guage shall be entered in the official language into which they are translated. Amendments to the text of the description or claims of a European patent or set of Euro pean Apple patent shall be entered in the min Utes in the lan guage of the proceedings. Rule 3 (deleted) rule 4 of a European divisional application Language European divisional applications or, in the case Re ferred to in article 14, paragraph 2, the translations thereof, must be filed in the language of the proceed ing for the earlier European patent application. Rule 5 Certification of translations When a translation of any document must be filed, the European Patent Office may require the filing of a tificat hope that the translation will correspond to the original text within a period to be determined by it. Failure to file the certificate in due time shall lead to the doc menu a being deemed not to have been re ceived unless the Convention provides otherwise. Rule 6 time limits and the reduction of fees (1) the translations referred to in article 14, para graph 2, must be filed within three months after the filing of the European patent application, but from later than Thira teen months after the date of priority. Never the less, if the translation concerns a European two-new applic a tion sional or European patent Apple to set and der Arti CLE 61, paragraph 1 (b), the translation may be filed at any of the tion time within one month of the filing of such a tion applic. (2) the translations referred to in article 14, para graph 4, must be filed within one month of the filing of the document. Where the document is a notice of an appeal or a post op tion, this period shall be extended where appropriate to the end of the opposition period or the period around the peal. (3) A reduction in the filing fee, examination fee, oppo sition fee or appeal fee shall be allowed an ap plican, proprietor or opponent, as the case may be, who is himself availa ... of the options provided in article 14, paragraphs 2 and 4. The reduction shall be fixed in the rules relating to fees at a percentage of the total of the fees. Rule 7 Legal authenticity of the translation of the European patent application Saving proof to the contrary, the European Patent Office Of FICO may, for the purpose of determining the subject-matter whethers of the European patent application or European patent extend to beyond the content of the European patent application as filed, assume that the translation referred to in article 14, paragraph 2, is in conformity with the original text of the application. Chapter II Organisation of the European Patent Office rule 8 patent classification (1) the European Patent Office shall use: (a) the classification referred to in article 1 of the European Convention on the International Patents for the tion of Classific Invention of December 19, 1954 until the entry into force of the Strasbourg Agreement con cerning the International Patent Classification of March 24, 1971; (b) the classification referred to in article 1 of the aforementioned Strasbourg Agreement, after the en try into force of that agreement. (2) the classification referred to in paragraph 1 is hereinafter referred to as the international of classific tion. Rule 9 Allocation of duties to the department of the first instance (1) the President of the European Patent Office shall determin the number of Search Division, Ex amining Division and Opposition Division. He shall allocate duties to these departments by reference to the inter national classification and shall decide where neces sary on the classification of a European patent or a European patent, Apple set in accordanc with that classification. (2) In addition to the responsibilities vested in them under the Convention, the President of the European Patent Office may allocate further duties to the Re ceiving Section, the Search Division, Examining two sion, the Opposition Division and the Legal Division. (3) the President of the European Patent Office may entrust to employees who are not technically or le gally qualified examiners the execution of individual duties falling to the Examining Division or two involving Opposition and sion from technical or legal difficult Court. (4) the President of the European Patent Office may grant exclusive responsibilities to one of the registry of the Opposition Division to for fixing the amount of costs as provided for in article 104, para graph 2. Rule 10 of the Board of Presidi of Appeal (1) the autonomous authority within the unit comprising a tional organise the Board of Appeal (the "pre of sidi of the boards of Appeal") shall consis of the Vice-President in charge of the boards of Appeal , who shall act as chairman, and twelve members of the boards of Appeal, six being Chairmen and six being other mem ber. (2) All members of the Forum shall be elected by Presidi the Chairmen and members of the boards of Appeal for one working year. If the full composition of the pre cannot be reached, the sidi of the ranges shall be filled in by designating the most senior Chairmen and mem ber. (3) the Forum shall adop Presidi the rules of Proc in front of the boards of Appeal and the rules of Proc-dur for the election and the designation of its members. The Forum shall further advise Presidi the Vice-President in charge of the boards of Appeal with regards to matters concerning the functioning of the boards of Appeal in general. (4) before the beginning of each working year the pre sidi, extended to include all Chairmen, IR al locate duties to the Board of Appeal. In the same compost, it shall decide the tion on conflicts regarding the allocation of duties between two or more boards of Appeal. The extended Presidi designat the IR of the regular and alternate members of the various boards of Appeal. Any member of a Board of Appeal may be designated as a member of more than one Board of Appeal. These measure may, where the cessary, not be amended during the course of the working year in question. (5) the Presidi may only take a decision of if at least five of its members are present; These must be in clud the Vice-President in charge of the boards of Appeal or his deputy, and the Chairmen of the two boards of Ap peal. Where the tasks mentioned in paragraph 4 with con cerned, nine members must be present, including the Vice-President in charge of the boards of Appeal or his deputy, and the Chairmen of the three boards of Ap peal. Shall be taken by a decision by majority vote; in the event of parity of votes, the Chairman or his dep uty shall have the casting vote. The Abstention shall not be considered as votes. (6) the Administrative Council may allocate duties under Article134, paragraph 8 (c), the Board of Ap peal. Rule 11 the business distribution scheme of the Enlarged Board of Appeal for the adoption of it in the and rules of procedure (1) before the beginning of each working year, the members of the Enlarged Board of Appeal who have not been appointed under article 160, paragraph 2, shall designat the regular and alternate members of the Enlarged Board of Appeal. (2) the members of the Enlarged Board of Appeal who have not been appointed under article 160, para graph 2, shall adop the rules of Procedure of the Enlarged Board of Appeal. (3) the Decision on matters mentioned in paragraphs 1 and 2 may only be taken if at least five members present, including the the Chairman of the Enlarged Board of Appeal or his deputy; in the event of parity of votes, the Chairman or his deputy shall have the casting vote. The Abstention shall not be considered as votes. Rule 12 administrative structure of the European Patent Office (1) the Examining Division and the two Opposition grouped together administratively sions shall be so sharp to form Directorate, the number of which shall be let down by the President of the European Patent Office. (2) the Directorate, the Legal Division, the Board of Appeal and the Enlarged Board of Appeal, and the administrative services of the European Patent Office shall be grouped together administratively so as to form the Directorate-General. The Receiving Section and the Search Division shall be grouped together in istratively so as to form a admin in Directorate-General. (3) Each Directorate-General shall be directed by a Vice-President. The appointment of a Vice-President to a Directorate-General shall be decided upon by the Administrative Council, after the President of the Euro pean Patent Office has been consulted. IMPLEMENTING regulations TO part II part II OF the CONVENTION Chapter I procedure where the applicant or proprietor is not entitled rule 13 Suspension of proceedings (1) If a third party provides proof to the European Patent Office that he has opened proceedings against the applicant for the purpose of seeking a judgement that he is entitled to the grant of the Euro pean patent , the European Patent Office shall stay the proceedings for grant unless the third party con tinuation sentâ them the con of such proceedings. Such consent must be in writing to be a commune cated the European patent Of fic; It shall be irrevocabl. How ever, the proceedings for grant may not be stayed before the publication of the European patent application. (2) where proof is provided to the European Patent Office that a decision which has become final has been given in the proceedings concerning entitlement to the grant of the European patent by the European Patent Office shall communicate to the applicant and any other party that the proceedings for grant shall be resumed as from the date stated in the tion of a new communic unless European patent application Ant it purse article 61 , paragraph 1 (b), has been filed for all the designated Contracting States. If the decision is in favour of the third party, the proceedings may only be resumed after a period of three months of the fi Nale de ci sion becoming you unless the third party requests the resumption of the proceedings for grant. (3) When giving a decision on the suspension of Pro ceeding or thereafter the European Patent Office may set a date on which it intends to continue the Pro ceed ing pending before it regardless_of of the stage reached in the proceedings referred to in paragraph 1 opened against the applicant. The data is to be com municated to the third party, the applicant and any other party. If of proof has been provided by that date that a dec in sion which has become final has been given, the Euro pean Patent Office may continue Pro ceeding. (4) If a third party provides proof to the European en Office Even during opposition proceedings or during the opposition period that he has opened proceed against the ing proprietor of the European patent for the purpose of seeking a judgement that he is entitled to the European patent, the European Patent Office shall stay the opposition proceedings unless the third party con sentâ them the continuation of such proceed-ing. Such comment must be communicated in writ ing to the European Patent Office; It shall be the cable irrev. How ever, the suspension of the proceedings may not be ordered until the Opposition Division has deemed the opposition admissibl. Paragraphs 2 and 3 shall apply mutatis mutandis. (5) the time limits in force at the date of suspension other than the time limit for payment of renewal fees shall be interrupted by such suspension. The time which has not yet elapsed shall begin to run as from the date on which proceedings are resumed; How ever, the time still to run after the resumption of the Pro ceeding a shall not be less than two months. Rule 14 Limitations of the option to withdraw the European patent application As from the time when a third party process to the European Patent Office that he has initiated an entitlement and concerning the ing proceed up to the date on which the European Patent Office resumes the Pro ceeding for grant, not the European patent ither Apple to set the designation of any Contracting nor a State may be with drawn. Rule 15 Filing of a new European patent application by the person entitled to apply (1) where the person adjudged by a final decision to be entitled to the grant of the European patent files a new European patent application to article 61 pursuan, paragraph 1 (b), the original European patent shall be deemed the plic around tion to be withdrawn on the date of filing of the new application for the contract ing States designated therein in which the decision has been taken or recognized. (2) the filing fee and search fee shall be payable in respect of the new European patent application within one month after the filing thereof. The designation fees shall be payable within six months of the date on which the European Patent Bulletin mentions the pub lication of the European search report drawn up in re spec of the new European patent application. (3) the time limit for forwarding European patent application provided for in article 77, paragraphs 3 and 5, shall, for the new European patent application, be four months as from the actual filing date of that Apple in the set. Rule 16 the Partial transfer of right by virtue of a final decision (1) by a final decision If it is adjudged that a third party is entitled to the grant of a European patent in respect of only part of the matter disclosed in the European patent application, article 61 and rule 15 shall apply mutatis mutandis to such on. (2) where appropriate , the original European patent application shall contain, for the designated contract ing State in which the decision was taken or recognised, claims, a description and drawings which are the dif feren from those for the other designated Con tracting States. (3) where a third party has, in accordanc with Arti CLE 99, paragraph 5, replaced the previous proprietor for one or some of the designated Contracting States, the patent as maintained in opposition proceedings may contain for these States claims, a description and drawings which are different from those for the other designated Contracting States. Chapter II the Mention of the inventor rule 17 the Designation of the inventor (1) the designation of the inventor shall be filed in the request for the grant of a European patent. How ever, if the applicant is not the inventor or is not the sole in ventor, the designation shall be filed in a SEPA rate document; the designation must state the family name, given names and full the address of the inventor and the statement referred to in article 81 and shall bear the signature of the applicant or the his the tiv represent. (2) the European Patent Office shall not verify the accuracy of the designation of the inventor. (3) If the applicant is not the inventor or is not the sole inventor, the European Patent Office shall inform the designated inventor of the data in the document and the intricate desig Nutting him further data mentioned in paragraph 128 of The ticl, 5. (4) the applicant and the inventor may invoke nei there the omission of the notification under paragraph 3 nor any errors therein led. Rule 18 Publication of the mention of the inventor (1) the person designated as the inventor shall be mentioned as such in the published European patent application and the European patent specification, unless said person is informed of the the European Patent Office in writing that he his right of waiv to be mentioned in the. (2) In the event of a third party filing with the Euro pean Patent Office a final decision whereby the Apple cant for or proprietor of a patent is required in their intricate desig Nate him as the inventor, the provision of para graph1 IR around plya ... who gave. Rule 19 of the Rectification of the designation of an inventor (1) An incorrect designation of an inventor may not be rectified upon your request, accompanied by the con sent of the wrongly designated person and, in the event of such request not being filed by the applicant for or proprietor of the European patent, by the con sent of that party. The provision of rule 17 IR around plya ... who gave the passenger a tis mouth. (2) In the event of an incorrect mention of the inventory having been entered in the Torah, the Register of European agent or Even published in the European Patent Bulletin such entry or publication shall be corrected. (3) Paragraph 2 shall apply mutatis mutandis to the cancellation of an incorrect designation of the Phys tor. Chapter III transfer, licences and Registering others rights rule 20 Registering a transfer (1) (A) the transfer of a European patent application shall be recorded in the Register of European patents at the request of an interested party and on production of documents satisfying the European Patent Office that the transfer has taken place. (2) the request shall not be deemed to have been filed until such time as an administrative fee has been paid. It may be rejected for an only in the event of failure to comply with the condition laid down in paragraph 1 (3) (A) a transfer shall have effect vis-à-vis the Euro pean Patent Office only when and to the exten the that the documents referred to in paragraph 1 have been Pro duced. Rule 21 of the license and others Registering rights (1) rule 20, paragraphs 1 and 2, shall apply mutatis mutandis to the registration of the grant or transfer of a licence, the establishment or transfer of a right in rem in respect of a European patent application and any means of execution of the final let such an application. (2) the registration referred to in paragraph 1 shall be cancelled upon request, which shall not be deemed to have been filed until an administrative fee has been paid. Such request shall be supported by the Parliament here there doc establishing that the right has lapsed, or by a declaration whereby the proprietor of the right con sentâ to the cancellation of the tion of the registry; It may be re jected only if these conditions are not fulfilled. Rule 22 Special indication for the registration of a license (1) A licence in respect of a European patent shall be recorded by the applic tion in the Register of Euro pean patents as an exclusive licence if the applicant and the li cense so require. (2) A licence in respect of a European patent shall be recorded by the applic tion in the Register of Euro pean patents as a sub-where it is granted license by license is a license whose is recorded in the said Regis ter. Chapter IV Certification of exhibition rule 23 the certificate of exhibition the applicant must, within four months of the filing of the European patent application, file the certificate re ferred to in article 55, paragraph 2, issued at the exh, by the authority responsible bition for the protection of industrial property at that exhibition, and stating that the invention was in fact exhibited there. This certif cat» shall also state the opening date of the exhibition and, where the first disclosure of the invention did not coin cid with the opening date of the exhibition, the date of the first disclosure. This certificate must be an identification of the nied accomp by of the invention, duly cated by the authent in above-mentioned authority. Chapter V Priority rule 23 of the European applications Prior applications State of the axis with A European patent application shall be considered as comprised in the State of the art under article 54, para graph 3 and 4, only if the designation fees and the der Arti CLE 79, paragraph 2, have been validly paid. Chapter VI rule 23b of Biotechnological invention and the General definition (1) For European patent applications and patents in the biotechnological invention, the con cerning the relevant process of sion of the Convention shall be applied and in accordanc with met preted in the provision of this chap ter. Directive 98/44/EC of 6July 1998 on the protection of biotechnological invention will ultimately let shall be used as a supplementary means of interpretation. (2) "invention of Biotechnological" invention for which concern a product consisting of or containing material or a cal biologists process by means of which biological material is produced, processed or used. (3) "Biological material" means any material contains genetic information and capable of ing reproducing it self or being reproduced in a biological system. (4) "plant variety" means any plant grouping within a single botanical taxon of the lowest known rank, which grouping, irrespectiv of whethers the conditions for the grant of a plant variety right are fully met, can be: (a) defined by the expression of the characteristics that results from a given genotyp or combination of genotyp, (b) distinguished from any other plant grouping by the expression of at least one of the said characters of TICA , and (c) considered as a unit with regard to its suitability for being propagated unchanged. (5) A process for the production of plants or animals is essentially biological if it consist entirely of a natural phenomen-such as crossing or selection. (6) ' Microbiological process ' means any process or performed upon or resulting in volving in microb, the olog cal material. Rule 23 c-biotechnological invention of Biotechnological invention Patentabl to be patentabl of the IR also if they concern: (a) biological material which is isolated from its environment or ral nat produced by means of a tech nical process event if it previously occurred in nature; (b) the plants or animals if the technical feasibility of the ins is not confined to a particular vention plant or an edge variety; (c) a microbiological or other technical a process or a product obtained by means of such a process other than a plant or animal variety. Rule Exception to patentability Under the 23d article 53 (a), the European patent shall not be granted in respect of biotechnological invention for which, in particular, concern the following: (a) processes for cloning human being; (b) processes for modifying the germ line genetic Eden tity of human being; (c) the use of the human embryo for industrial or commer cialis purpose; (d) processes for modifying the genetic identity of animals which are likely to cause them suffering with out any substantial medical benefit to man or animal, and also animals resulting from such processes. Rule 23 the human body and its elements (1) the human body, at the various stage of it for mation and development, and the simple discovery of one of its elements, including the sequence or partial sequence of a gene, the patentabl of the invention cannot constitut. (2) An element isolated from the human body or oth er wise produced by means of a technical process, including the sequence or partial sequence of a gene, may a patentabl invention of constitut, even if the structure of that element is identical to that of a nat ral element. (3) the industrial application of a sequence or a sequence of tial of a gene must be disclosed in the same en application. On the IMPLEMENTING regulations for the III to Chapter III OF the CONVENTION (I) the Filing of the European patent application rule 24 General provision (1) European patent applications may be filed in writ ing with the authorities referred to in article 75 either di rectly or by post. The President of the Euro pean Even ENT Office may permit a European patent was to be around the plic tion filed by other means of communic-tion and lay down conditions each their use. He may, in the on, require that ticular within such period as the European Patent Office shall specify written con be sup plied fir mation reproducing the contents of the Apple are set so filed and complying with the require relevance of these regulations by menting Impl. (2) the authority with which the European patent is filed shall set in around pl mark the documents making up the application with the date of their receipt. It shall without delay (a) the is Sue receipt to the applicant which shall in clud-at least the application number, the nature and number of the documents and the date of their receipt. (3) If the European patent application is filed with an authority mentioned in article 75, paragraph 1 (b), it shall without delay inform the European Patent Office of receipt of the documents making up the applic a tion. It shall inform the European Patent Office of the na there and date of receipt of the documents, the ap PLI and any priority set number date claimed. (4) When the European Patent Office has received a European patent application which has been for warded by a central industrial property Office of a Contracting State, it shall inform the applicant ac cordingly, indicated a ing the date of its receipt at the European patent Of fic. Rule 25 Provision for European divisional applications (1) the applicant may file a divisional application re lat ing to any pending earlier European patent Apple ca tion. (2) the filing fee and search fee shall be payable in re spec of a European divisional application within one month after the filing thereof. The designation fees shall be payable within six months of the date on which the European Patent Bulletin mentions the pub lication of the European search report drawn up in re spec of the European divisional application. Chapter II Provision of each the application rule 26 request for grant (1) the request for the grant of a European patent shall be filed on a form drawn up by the European Even ENT Office. Printed forms shall be made available to applicants free of charge by the authorities re ferred to in article 75, paragraph 1 (2) the request shall contain: (a) a petition for the grant of a European patent; (b) the title of the invention, which shall clearly state the Andean con cisely technical designation of the inventory and shall exclude all fancy tion names; (c) the name, address and nationality of the Apple cant and the State in which his residence or principal place of business is located. Name of the natural person shall be indicated by the sons of the person's family name and given name (s), the family name being indicated before the given name (s). Names of legal entities, as well as companies considered to be legal entities by reason of the to the their legisl tion which they are subject, shall be in dicated by their official designation. Addresses shall be indicated in such a way as to satisfy the customary requirements for prompt postal deliv ery poison cated at the address. They shall in any case compris all the relevant ad units, include the ministrativ ing the House num ber, if any. It is recom-mended that the telegraphic and telex address and telephone number be indicated; (d) if the applicant has appointed a representative, his name and the address of his place of business under the conditions led in sub-paragraph (c); (e) where appropriate, an indication that the application of a European divisional application and constitut the number of the earlier European patent application; (f) in the cases covered by article 61, paragraph 1 (b), the number of the original European patent applic a tion; (g) where applicable, a declaration claiming the priority of an earlier application and ity indicating the date on which and the country in or for which the earlier Apple to set was filed; (h) the designation of the Contracting State or States in which protection of the invention is desired; (i) the signature of the applicant or the his the tiv represent; (j) a list of the documents accompanying the re quest. This list shall also indicates the number of sheets of the description, claims, drawings and be filed with the strac both request; (k) the designation of the inventor where the Apple cant is the inventor. (3) If there is more than one applicant, the request shall preferably contain the appointment of one Apple cant or representative as common representative. Rule 27 content of the description (1) the description shall: (a) specify the technical field to which the invention re lates; (b) indicates the background art which, as far as known to the applicant, can be regarded as useful for the under standing the invention, for drawing up the Euro pean search report and for the examination, and, preferably, another the documents reflecting such art; (c) the invention disclos, as claimed, in such terms that the technical problem (even if not expressly stated as such) and its solution can be understood, and State any advantageo of the effects of the invention with refer enc to the background art; (d) briefly describ the figures in the drawings, if any; (e) in detail at least describ one way of carrying out the invention claimed using examples of where appropr ate and referring to the drawing, if any; (f) indicates the explicitly, when it is not obvious from the description or nature of the invention, the way in which the invention is capable of exploitation in the in dustry. (2) the description shall be presented in the order specified in the my Rolex and paragraph 1, unless be cause of the nature of the invention, a different me ner or a dif feren would afford a better order under standing and a more economic presentation. Rule 27 of the requirements of European patent applications relating to Ribosome and amino acid sequences (1) If Ribosome or amino acid sequences are disclosed in the European patent application the script shall contain (a) tion de sequence listing conforming to the rules passed down by the President of the Euro pean Even ENT Office for the tion of the cleotid now represent standardised and amino acid sequences. (2) the President of the European Patent Office may require that, in addition to the written application of the Parliament, a doc sequence listing in accordanc with paragraph 1 be submitted on a data carrier pre scribed by Hima ac companied by a statement that the tion of re corded informed on the data carrier is identical to the written se quenc listing. (3) If a sequence listing is filed or corrected after the date of filing, the applicant shall submit a statement that the sequence listing so filed or corrected does not in clud Venezuela which goes beyond the content of the ap plication as filed. (4) A sequence listing filed after the date of filing shall not form part of the description. Rule 28 deposit of biological material (1) If an invention the use of involv or concern bio logical material which is not available to the public and which cannot be described in the European patent in such a manner as the ap plication to enable the Chief to be carried in the tion out by a person skilled in the art, the inventory shall only be regarded as tion being disclosed as pre scribed in Article83 if : (a) a sample of the biological material has been de-posited a recognised depositary institution not later with than the date of filing of the application; (b) the application as filed to give the relevant infor ma tion such as is available to the applicant on the charac ter TICA of the biological material; (c) the depositary institution and the accession num ber of the deposited biological material are stated in the application, and (d) where the biological material has been a person of ited depo by others than the applicant, the name and ad dress of the depositor are stated in the Apple to set and a document is submitted satisfying the European en Office that Even the latter has authorized the Apple cant it to refer to the deposited biological material in the Apple, and has given his unreserved and set irrev the cable consent to the deposited material being made available to the public in accordanc with this rule. (2) the information referred to in paragraph1 (c) and, where applicable, (d) may be submitted (a) within a period of sixteen months after the date of filing of the application or, if priority is claimed, after the priority date, this time limit being deemed to have been met if the information is communicated before completion of the technical preparation for the publication of the tion of the European patent application; (b) up to the date of submission of a request for early publication of the application; (c) within one month after the European patent Of fic has communicated to the applicant that a right it in the spec files pursuan to article 128, paragraph 2, exists. The ruling period shall be the one which is the first to expires. The communication of this information shall be considered as constituting the unreserved and are Revo cable consent of the applicant to the deposited material being of bio Windows cal made available to the public in the meshes of the cordanc with this rule. (3) the deposited biological material shall be able upon request the availa ... any person from the date of pub lica tion of the European patent application and to any person having the right to sons inspect the files of the Arts cle128 pursuan, paragraph2, prior to that date. Subject to such availability shall be effected paragraph4, by the issue of a sample of the biological material to the per son making the request (hereinafter referred to as "the requester"). Said issue shall be made only if the requester has and dertaken vis-à-vis the applicant for or proprietor of the patent not to make the biological material or any material derived therefrom of bio logical available to any third party and to use that material for experimental pure post only, until such time as the patent applic a tion is refused or withdrawn or deemed to be with drawn , or before the expiry of the patent in the intricate desig nated State in which it expires, unless the last of the Apple cant for or Pro prietor of the patent of such an expressly waiv under taking. The undertaking to use the biological material for experimental purpose only shall not apply in so far as the requester is using that material under a compul sory license. The term "compulsory licence" shall be con strued as including ex officio licenses and the right to use the patented invention in the public interest. (4) Until completion of the technical preparation for publication of the application, the applicant may in form the European Patent Office that (a) until the publication of the mention of the grant of the European patent or, where applicable, (b) for twenty years from the date of filing if the Apple in the set has been withdrawn or refused or deemed to be withdrawn, the availability referred to in paragraph3 shall be effected only by the issue of a sample to an expert nominated by the requester. (5) the following may be nominated as an expert: (a) any natural person provided that the requester nish's evidence, fur when filing the request, that the lease in the nation has the approval of the applicant; (b) any natural person recognised as an expert by the President of the European Patent Office. The nomination shall be accompanied by (a) declare a tion from the expert vis-à-vis the applicant in which he met in the en into the undertaking given to it for the graph3 pursuan until either the date on which the patent ex Pires in all the designated States or, where the Apple in the set has been refused, withdrawn or deemed to be withdrawn, until the date referred to in para (b), the graph4 requester being regarded as a third party. (6) For the purpose of paragraph 3, derived material shall mean any biologi cal material which still exhibit those characteristics of the deposited of mate rial which is essential to the carrying out of the invention. The referred to in paragraph 3 under, taking shall not deposit any of imped derived biological material not cessary for the purpose of patent procedure. (7) the request provided for in paragraph3 shall be submitted to the European Patent Office on a form recognized by that Office. The European Patent Office Of fic shall certify on the form that a European patent are set referring to Apple the deposit of the biological material has been filed, and that the requester or the expert nominated by him is entitled to the issue of a sample of that material. After grant of the European patent, the request shall also be submitted to the European Patent Office. (8) the European Patent Office shall transmit a copy of the request, with the certification provided for in paragraph 7, to the depositary institution as well as to the applicant for or the proprietor of the patent. (9) the President of the European Patent Office shall publish in the Official Journal of the European Patent Office the list of depositary institutions and experts recognized for the purpose of this rule. Rule 28 New deposit of biological material (1) If biological material deposited in accordanc with Rule28, paragraph1, cease to be available from the institution with which it was deposited be cause: (a) the biological material is no longer a viabl, or (b) for any other reason the depositary institution is and able to supply sample, and if from the sample of the biological material has been transferred to another depositary institution recognised for the purpose of Rule28 , from which it con tinu's to be available, an interruption in availability shall be deemed not to have occurred if a new de posi of the biological material originally deposited is made within a period of three months from the date on which the de positor was notified of the interruption by the institution and if a tary depos in copy of the re of the ceip de be issued by the institution posi is for warded to the Euro pean Patent Office within four months from the date of the new deposit stating the number of the application or of the European patent. (2) In the case provided for in paragraph 1 (a), the new deposit shall be made with the depositary tution counselling with which the original deposit was made; in the cases provided for in paragraph 1 (b), it may be made with another depositary institution recognised for the pure post of rule 28 (3) where the institution with which the original deposit was made cease to be recognized for the pure post of Rule28, either entirely or for the kind of biological material to which the deposited sample belong, or where that institution discontinu- tem porarily or de finitively,, the performance of it in var-tion as regards deposited biological material, and the notification re ferred to in paragraph 1 from the depositary institution is not received within six months from the date of such event, the three-month period referred to in paragraph 1 shall begin on the date on which this event is an nounced in the Official Journal of the European Patent Office. (4) Any new deposit shall be accompanied by (a) be signed by Maine State the depositor certifying that the newly deposited biological material is the same as that of the orig nally deposited. (5) If the new deposit has been made under the fineness of sion of the Budapest Treaty on the interna tional Rec ognition of the deposit of the Microorganism for the Pure post of patent procedure of 28 April 1977, the fineness of the sion of that Treaty shall prevails. Rule 29 Form and content of claims (1) the claims shall define the matter for which Pro tec tion is sought in terms of the technical features of the invention. Wherever appropriate claims shall con tain: (a) a statement indicating the designation of the sub ject-matter of the invention and those technical FEA of which there are no cessary for the definition of the claimed subject-matter but which, in combination, part of the prior art; (b) (a)-preceded by characterising portions the expres sion "characterised in that" or "characterised by"-stat ing the technical features which, in Combi nation with the features stated in sub-paragraph (a), it is desired to protect. (2) without prejudice to article 82, a European patent application may contain more than one independ ENT claim in the same category (product, process, or use the hair around on) only if the subject‑matter of the Apple to set on of the involv following: (a) a plurality of inter‑related products; (b) the use of a different product or apparatus; (c) alternative solutions to a particular problem, where it is not appropriate to cover these alternatives by a sin of the gl claim. (3) Any claim stating the essential features of an inventory may be tion followed by one or more claims con cern ing particular embodiments of the invention are. (4) Any claim which includes all the features of any other claim (the dependent claim) shall contain, if Blu at the posses beginnings, a reference to the other claim and then state the additional features which it is desired to protect. A dependent claim shall also be admissibl is where the claim it directly refer to is itself a claim depend Ent. All dependent claims referring back to a single previous claim, and all dependent claims refer ring back to several previous claims, shall be grouped together to the exten and in the most appropriate way possible. (5) the number of the claims shall be reasonable in the considerations of the nature of the invention claimed. If there are several claims, they shall be numbered con secutively in Arabic numeral. (6) claims shall not, except where absolutely neces sary, rely, in respect of the technical features of the in-vention, one reference to the description or draw ing. In particular, they shall not rely on such refer enc as described in the axis: "on the ... of the descrip tion", or "sharp-trated in ill figure ... of the drawings". (7) If the European patent application contains draw ing, the technical features mentioned in the claims shall preferably, if the intelligibility of the claim can thereby be increased, be followed by reference signs relating to these features and placed between the parent of these. These reference signs shall not be construed as limiting the claim. Rule 30 Unity of invention (1) where a group of invention is claimed in one and the same European patent application, the re quir menu of unity of invention referred to in article 82 shall be ful filled only when there is a technical re lationship among those involving one or more of the invention of the sam or òàæó special technical features. The expres sion "special technical features" shall mean those fe there's which define a contribution which each of the claimed invention considered as a whole makes over the prior art. (2) the determination of invention is a group whethers so linked as to form a single general con cept inventiv shall be made without regards to whethers the in-vention with claimed in separate claims or as the alter natives within a single claim. Rule 31 claims incurring fees (1) Any European patent application comprising more than ten claims at the time of filing shall, in respect of each claim over and above that number, in Curt pay men of a claims fee. The claims fee shall be payable within one month after the filing of the Apple in the set. If the claims fees have not been paid in due time, they may still be validly paid within a period of grace of one month of notification of a pointing out of communic tion the failure to observe the time limit. (2) If a claims fee is not paid within the period re ferred to in paragraph 1, the claim concerned shall be deemed to be abandoned. Any claims fee duly paid shall be refunded only in the case referred to in article 77, paragraph 5. Rule 32 of the Form drawing (1) On sheets containing drawings, the usable area of sur face shall not exceeds 100 26.2 cm x 17 cm. These sheets shall not contain frames round the usable or used sur face. The minimum margins shall be as fol lows: top 2.5 cm left side 2.5 cm right side 1.5 cm bottom 1 cm (2) shall be executed as drawings follow: (a) shall be executed drawings in durable, black, and dark dens of suff ciently, uniformly thick and well-defined, lines and strokes without colouring for. (b) cross sections shall be indicated by-hatching which should not imped the clear reading of the reference signs and leading lines. (c) the scale of the drawing and the distinctnes of their graphical execution shall be such that the duc tion, research obtained electronically or photographically, with a linear reduction in size to two-thirds would en abl all details to be distinguished without difficulty. If, as an exception, the scale is given on a drawing, it shall be represented graphically. (d) All numbers, letters and reference signs appear on the drawing, ing, shall be simple and clear. Brack ETS circles or inverted comma's shall not be used in Asso ciation with numbers and letters. (e) All lines in the drawings shall, ordinarily, be drawn with the aid of drafting instruments. (f) the elements of the same figure shall be in propor tion to each other, unless a difference in proportion is in dis pensabl for the clarity of the figure. (g) the height of the numbers and letters shall not be less than 0.32 cm. For the lettering of drawings, the Latin and, where customary, the Greek alphabet will be used IR. (h) the same sheet of drawings may contain yourself eral figures. Where figures drawn on two or more sheets are intended to form one whole figure, the fig URA on the several sheets shall be so arranged that the whole figure can be assembled without any of the conceal ing of the partial figures. The different parts of the IR beam with ranged anywhere without wasting space, preferably in an position, clearly separated from disfunction one another. Where the figures are not arranged in an uprigh, they shall be presented to the position with the sideway top of the figures at the left side of the sheet. The different IR be numbered consecutively by the fig ur in Arabic now meral, Inde pendently of the numbering of the sheets. (i) reference signs not mentioned in the descrip tion and claims shall not appear in the drawing, and vice versa. The same features, when denoted by ref erenc sign, shall, throughout the application, be denoted by the same signs. (j) the drawings shall not contain text matter, except, when absolutely indispensabl, a single word or words such as "water," "steam," "open," "closed," "section on AB," and, in the case of electric circuits and block schematic or flow sheet diagrams, a few short catch words indispensabl for understanding. Any such words shall be placed in such a way that, if required, they can be replaced by their translations without inter fering with any lines of the drawings. (3) Flow sheets and diagrams are considered draw ing. Rule 33 Form and content of the abstract (1) the abstract shall indicates the title of the Phys tion. (2) the abstract shall contain a concise summary of the disclosure as led in the description, the claims and any drawings; the summary shall indicates the technical field to which the invention and shall be drafted pertain in a way which allows the clear under standing of the technical problem, the gist of the tion of the bench you prob lem through the invention and the USA or USA-cipal print of the invention. The two IR, where the strac applicable, contain the chemical formula which, among those in the Apple led to the set, the best of the acteris in char vention. It shall not contain State Parliament on the alleged Merritt or value of the invention or on its speculativ application. (3) the abstract shall preferably not contain more than one hundred and fifty words. (4) If the European patent application contains draw ing, the applicant shall indicates the figure or, tionally, the figures except of the drawings which he suggests should accompany the abstract when the abstract is published. The European Patent Office may decide to publish one or more other figures if it consider that they better characteris the invention. Each change there is mentioned in the fe the abstract and illustrated by a drawing shall be followed by a sign, placed between refer enc parenthes. (5) the abstract shall be so drafted that it in an efficient const tutes instrument for the purpose of search ing in the particular technical field particularly by mak ing it posses bl to assess whethers there is a need for con sulting the European patent application itself. Rule 34 Prohibited matters (1) the European patent application shall not con tain: (a) statements or other matter contrary to "ordre pub lic" or morality; (b) statements disparaging our the products or processes of any particular person other than the Apple cant, or the Merritt or validity of applications or patents of any such person. Mere comparison with the prior art shall not be considered disparaging our per se; (c) any statement or other matter is irrel van help me? or unnecessary under the circumstanc. (2) If a European patent application contains prohibited matter within the meaning of paragraph 1 (a), the Euro pean Patent Office shall it be when publishing the omi ap plication, indicating the place and number of words or drawings omitted. (3) If a European patent application contains the State Parliament within the meaning of paragraph 1 (b), the Euro pean Patent Office may take the pub lishing omi the when the application. It shall indicates the place and number of words omitted, and shall furnish, upon re quest, a copy of the passage's omitted. Provision of each rule 35 General the presentation of the application documents (1) the translations mentioned in article 14, paragraph 2, shall be considered to be included in the term "doc" of Parliament making up the European patent applic a tion ". (2) the documents making up the European patent shall be filed in the ap plication three cops. The Press in the den of the European Patent Office may, however, deter mine that the documents shall be filed in fewer than three cops. (3) the documents making up the European patent shall be so presented as around plication admi of the elec tronic as well as of direct reproduction, in particular by scan, photography, electrostatic processes ning, photo off the set and filming, in an unlimited micro num ber of the cop. All sheets shall be free from cracks, creases and folds. Only one side of the sheet shall be used. (4) the documents making up the European patent shall be on A 4 around plication paper (29.7 cm x 21 cm) which shall be pliabl, strong, white, smooth, Matt and Dura ble. Subject to the provision of rule 32, para graph 2 (h) and paragraph 11 of this rule, each sheet shall be used with its short sides at the top and bottom (disfunction position). (5) Each of the documents making up the European patent application (request, description, claims, draw ing and abstract) shall commenc on a new sheet. The sheets shall be connected in such a way that they can easily be turned over, separated and joined to gether again. (6) subject to rule 32, paragraph 1, the minimum shall be gins as Marie follows: top: 2 cm left side: 2.5 cm right: 2 cm bottom: side 2 cm the recommended maximum for the margins quoted above is as follows: top: 4 cm left side: 4 cm right side: 3 cm bottom: 3 cm (7) in the margins of the documents making up the Euro pean patent application , when submitted, must be completely blank. (8) All the sheets led in the European patent shall be numbered in consecutive ap plication of Arabic either meral. These shall be placed at the top of the sheet, in the Middle, but not in the top margin. (9) The lines of each sheet of the description and of the claims shall preferably be numbered in sets of five, the numbers appearing on the left side, to the right of the margin. (10) the request for the grant of a European patent, the description, the claims and the abstract shall be typed or printed. Only graphic symbols and charac ter and chemical or mathematical formula in may, if nec sary, be written by hand I or drawn. The typing shall be spaced ½ 1. All text matter shall be in char acter, the capital letters of which are not less than 0.21 cm high, and shall be in a dark, indelibl colour. (11) the request for the grant of a European patent, the description, the claims and the abstract shall not contain drawings. The description, the claims and the abstract may contain chemical or mathematical for mu la. The description and the abstract may contain ta Blu. The claims may contain tables only if their sub ject-matter makes the use of tables desirabl. Tables and mathematical formula of character of cal or may be placed sideway on the sheet if they cannot be presented satisfactorily in an uprigh position thereon; sheets on which tables or chemical or mathematical formula will be so shall the sideway arepresented presented that the tops of the tables or form la with at the left side of the sheet. (12) the Physical values shall be expressed in the units recognised in international practice, wherever the priat appr in terms of the metric system using SI units. Any data not meeting this requirement must also be ex pressed in the units recognised in international prac tic. For the math-matical formula the symbols in general use shall be employed. For the chemical formula the symbols, atomic weights and molecular formula in general use shall be employed. In general, use should be made of the technical terms, signs and symbols generally accepted in the field in question. (13) the terminology and the signs shall be const a tent throughout the European patent application. (14) Each sheet shall be reasonably free from erasure and shall be free from alteration, overwriting and interlineation. Non-compliance with this rule may be authorized if the authenticity of the content is not in question and the requirements for good repro duction are not in jeopardy. Rule 36 documents filed subsequently (1) in rules 27, 29 and 32 to 35 shall apply to documents of Parliament replacing the doc making up the European patent application. Rule 35, paragraph 2, it shall also apply to the 14, the translation of the claims referred to in rule 51. (2) All documents other than those referred to in the first line of paragraph 1 shall normally be the type written or printed. There must be a margin of about 2.5 cm on the left-hand side of each page. (3) All documents, with the exception of annexed documents, filed after filing of the European patent must be signed around plication. If a document has not been signed, the European Patent Office shall invite the party concerned to do so within a time limit to be let down by that Office. If signed in due time, the doc menu shall retain in the original date of receipt; it shall be erwis oth deemed not to have been received. (4) Such documents as must be communicated to other persons or as they relate two or more European patent applications or European patents, must be filed in a sufficient number of cop. If the party con cerned does not comply with this obligation in the spits of a re quest by the European Patent Office, the missing cop shall be provided in at the expense of the party concerned. (5) Notwithstanding paragraphs 2 to 4 of the President of the European Patent Office may permit documents filed after filing of the European patent application to be transmitted to the European Patent Office by other means of communications and the tion of each lay down Conde their use. He may, in particular, require that within a period let down by him written confirmation reproducing the contents of be supplied of documents so filed and complying with the require relevance of these Im plementing Regulation; If such confirmation is not supplied in due time, the doc shall be deemed the proposals not to have been received. Chapter III Renewal fees rule 37 payment of renewal fees (1) the Renewal fees for the European patent applic a tion in respect of the coming year shall be due on the last day of the month containing the anniversary of the date of filing of the European patent application. Re not fees may not be validly wal paid more than one year before they fall due. (2) An additional fee shall be deemed to have been paid at the same time as the renewal fee within the meaning of article 86, paragraph 2, if it is paid within the period let down in that provision. (3) Renewal fees already due in respect of an earlier application up to the date on which a European application is filed by two sional must also be paid for the di vi sional application and fall due when the latter is filed. These fees and any renewal fee falling due within a pe riod of four months from the filing of the divisional ap plication may be paid without an addi tional fee within that period. If payment is not made in due time, the re may not still be validly wal fees paid within six months of the due date, provided that the additional fee under paragraph 2 To 86, of ticl, is paid at the same time. (4) Renewal fees shall not be payable for a new Euro pean patent application filed pursuan to article 61, paragraph 1 (b), in respect of the year in which it was actually filed and any preceding year. Chapter IV Priority rule 38 Declaration of priority and priority documents (1) the declaration of priority referred to in article 88, paragraph 1, shall state the date of the previous filing and the State in or for which it was made and shall in the file number dicat. (2) the date and State of the previous filing must be stated on filing the European patent application; the file number shall be indicated before the end of the six month after the teenth date of priority. (3) the copy of the previous application must be filed before the end of the sixteenth month after the date of priority. The copy must be certified as an exact copy of the previous application by the authority which re ceived the previous application and must be accom pa nied by a certificate issued by that authority stating the date of filing of the previous application. (4) the copy of the previous application shall be deemed duly filed if a copy of that application availa ... able the European Patent Office is to be included in the file of the European patent application under the Conde are laid down by the tion President of the European en Office Itself. (5) the translation of the previous application re quired under article 88, paragraph 1, must be filed within a time limit to be set by the European Patent Office, but at the latest within the time limit under rule 51, para graph 4. Alternatively, a declaration may be submitted that the European patent applic a tion is a complete translation of the previous applic a tion. Paragraph 4 shall apply mutatis mutandis. (6) the particular is stated in the declaration of prior ity shall appear in the published European patent around the plic tion and also on the European patent for the specific tion. Rule 38 the Issuing priority documents On request, the European Patent Office shall issue a certified copy of the European patent application (PRI ority document) to the applicant. The President of the European Patent Office shall all not determin cessary arrangements, including the form of the priority menu and the doc circumstanc-in which an administered the tiv of fe is payable. On the IMPLEMENTING regulations TO part IV (IV) OF the CONVENTION Chapter I the Examination by the Receiving Section rule 39 Communications following the examination on filing the European patent application If the file to meet the requirements laid down in article 80, the Receiving Sec tion shall communicate the disclosed to the applicant deficienc and inform him that the application will not be deal with as a European patent applic a tion unless he remedies the disclosed within one month to deficienc. If he does so, he shall be informed of the date of filing. Rule 40 Examination for certain physical requirements the physical requirements which a European patent application must satisfy the article 91, pursuan para graph 1 (b), shall be those prescribed in rule 27, paragraphs 1 to 3, rule 32, paragraphs 1 and 2, rule 35, paragraphs 2 to 11 and 14, and 36, para graph rule 2 and rule 4. Rectification of deficienc to 41 in the application documents (1) If the examination provided for in article 91 for graph 1 (a) to (d), reveals in the European deficienc patent application, the Receiving Section shall inform the applicant accordingly and invite him to remedy it within such period the s deficienc it shall specify. The description, claims and drawings may be amended only to an exten the sufficient to rem edy the deficienc in accordanc with disclosed the obser vation of the Receiving Section. (2) Paragraph 1 shall not apply where the applicant, while claiming priority, has omitted it indicates on filing the European patent application the data or State of first filing. (3) Paragraph 1 shall not apply where the examin-tion reveals that the date of the first filing givens on Phil ing the European patent application the preced the date of filing of the European patent application by more than one year. In this event the Receiving Sec tion shall in form the applicant that there will be of the right of priority for the application unless, within one month, the Apple cant poison cat a corrected date lying within the year preceding the date of filing of the European patent application. Rule 42 subsequent identification of the inventor (1) If the examination provided for in article 91, para graph 1 (f), reveals that the inventor has not been identical fied in accordanc with the provision of rule 17, the Receiving Section shall inform the applicant that the European patent application shall be deemed to be withdrawn unless this deficiency is corrected within the period prescribed by article 91 paragraph 5., (2) In the case of a European divisional application or a new European patent application filed pursuan it with ticl is 61, paragraph 1 (b), the time limit for identical fying the inventor may in the case of a two month before expires after the communication referred to in para graph 1, which shall state the time limit. Rule 43 late-filed or missing drawing (1) If the examination provided for in article 91, para graph 1 (g), reveals that the drawings were filed later than the date of filing of the European patent applic a tion, the Receiving Section shall inform the applicant that the drawing and the reference to the drawing in the European patent application shall be deemed to be deleted unless the applicant requests within a pe riod of one month that the application be re-dated to the date on which the drawings were filed. (2) If the examination reveals that the drawings were not filed, the Receiving Section shall invite him to file them within one month and tells him that the Apple ca tion will be re-dated to the date on which they are filed, or, if they are not filed in due time, any ref erenc to them in the application shall be deemed to be de leted. (3) the applicant shall be informed of any new date of filing of the application. Chapter II the European search report rule 44 content of the European search report (1) the European search report shall mention those documents, available to the European Patent Office at the time of drawing up this report, which may be taken into considerations in deciding the whethers in it which the vention European patent application re lates is new and the steps involv an inventiv. (2) Each citation shall be referred to the claims to which it relate. Cessary, not if the relevant parts of the document cited shall be identified (for example, by indicating the page, columns and lines or the dia gram). (3) the European search report shall distinguish between cited documents published before the date of priority claimed, between such data of priority and the date of filing, and on or after the date of filing. (4) Any document which refer to an oral disclosure, use or any other means of disclosure which took place prior to the date of filing of the European patent shall be mentioned in the Apple to set the European search re port, together with an indication of the date of publ ca tion, if any, of the document and the data of the non-written disclosure. (5) the European search report shall be drawn up in the language of the proceedings. (6) the European search report shall contain the cl-si fication of the subject-matter of the European patent application in accordanc with the international class of fication. Rule 45 incomplete search If the Search Division consider that the European patent application does not comply with the purity of sion of the Convention to such exten the United Nations that it is not POS si ble to carry out a meaningful search into the State of the art on the basis of all or some of the claims, it shall either declare that search is not posses bl or IR , so far as is practicabl, draw up a partial European search report. The declaration and the report referred to the tial shall be considered, for the first post of subsequent Pro ceeding, as the European search re port. Rule 46 where the European search report the invention to lack unity (1) If the Search Division consider that the Euro pean patent application does not comply with the re quir menu of unity of invention, it shall draw up a European search report for tial on those parts of the Euro pean patent application which relate to the inventory database, or tion of invention of the group within the meaning of article 82 , first mentioned in the claims. It shall inform the around you if the plican to the European search report is to cover the other invention, a further search fee must be paid, for each invention involved, within a period to be fixed by the Search Division which must not be shorter than two weeks and must note 12 six weeks. The Search Division shall draw up the search report the Euro pean for those parts of the European patent application which relate to the counted tion in respect of which search fees have been paid. (2) Any fee which has been paid under paragraph 1 shall be refunded if, during the examination of the European patent application by the Examining Divi sion, the applicant requests a refund and the Examin ing Division finds that the communications referred to in the said paragraph was not justified. Rule 47 the definitive content of the abstract (1) At the same time as drawing up the European search report, the Search Division shall determin the definitive content of the abstract. (2) the definitive content of the abstract shall be transmitted to the applicant together with the Euro pean search report. Chapter III Publication of the European patent applications rule 48 Technical preparation for publication (1) the President of the European Patent Office shall determin when the technical preparation for the publication of the tion of the European patent application to be deemed it to have been completed. (2) the European patent application shall not be pub lished if it has been finally refused or withdrawn or deemed to be withdrawn before the termination of the technical preparation for publication. Rule 49 Form of the publication of European patent applications and European search reports (1) the President of the European Patent Office shall prescrib the form of the publication of the Euro pean patent application and the data which are to be in cluded. The same shall apply where the European search report and the abstract with the SEPA rately published. The President of the European Patent Office may lay down special conditions for the publication of the abstract. (2) the Contracting States shall be designated in the fied in the specs published European patent applic a tion. (3) If, before the termination of the technical publications of the tion to prepare for the European patent applic a tion, the claims have been amended to rule 86 pursuan, paragraph 2, the new or amended claims shall be included in the publications in addition to the original claims. Rule 50 Information about publication (1) the European Patent Office shall communicate to the applicant the date on which the European en Even the Bulletin mentions the publication of the European search report and shall draw his attention in this com munication to the provision of article 94, paragraph 2 and 3 (2) the applicant may not invoke the omission of the communication provided for in paragraph 1 If a later date than the date of the mention of the publication is specified in the communication, the later date shall be the decisiv data as regards the time limit for filing the request for examination unless the error is appar Ent. Chapter IV Examination by the Examining Division rule 51 Examination procedure (1) In the communication under article 96, para graph 1, the European Patent Office shall give the applicant an opportunity to comment on the European search report and to amend, where appropriate, the descrip tion, claims and drawing. (2) In any communications under article 96, para graph 2, the Examining Division shall, where the ingredients in Vita-priat, the applicant to correct the noted and amend it to deficienc the description, claims and drawings. (3) Any communication under article 96, paragraph 2, shall contain a reasoned statement covering, where appropriate, all the grounds against the grant of the European patent. (4) before the Examining Division decide to grant the European patent, it shall inform the applicant of the text in which it intends to grant it, and shall invite him to pay the fees for grant and printing and to file a translation of the claims in the two official languages of the Euro pean Patent Office other than the lan guage of the Pro ceeding within a period to be a spec of fied , which may not be less than two months or more than four months. The period shall be extended once by a maximum of two months provided the applicant so re quests before it expires. If the applicant pays the fees and file the translation within the period, he shall be deemed to have approved the text intended for grant. (5) If the applicant, within the period put down in para graph 4, requests for amendments under rule 86, para graph 3, or the correction of errors under rule 88, he shall, where the claims are amended or core, file a translation of rected the claims as amended or corrected. If the applicant pays the fees and file the translation within the period, He shall be deemed to have around proved the grant of the patent as amended or cor rected. (6) If the Examining Division does not consent to an amendment or correction requested under paragraph 5, it shall, before taking a decision, give the applicant an opportunity to submit, within a period to be the spec in the fied, his observations and any amendments will not consid ered cessary by the Examining Division, and, where the claims are amended, a translation of the claims as amended. If the applicant will submit such amendments shall be deemed to he to have approved the grant of the patent as amended. If the European patent application is refused, withdrawn or deemed to be withdrawn, the fees for grant and printing and any claims fees paid under paragraph 7, shall be re funded. (7) If the European patent application in the text in tended for grant of more than ten compris claims, the Examining Division shall invite the applicant to pay claims fees in respect of each additional claim within the period put down in paragraph 4 unless in these fees have already been paid under rule 31, paragraph 1 (8) If the fees for grant and printing or the claims fees are not paid in due time or if the translation is not filed in the due time, the European patent application shall be deemed to be withdrawn. (8a) If the designation fees become due after the communication under paragraph 4 has been notified, the mention of the grant of the European patent shall not be published until the designation fees have been paid. The applicant shall be informed accordingly. (9) If a renewal fee to become du after the commune are set under paragraph 4 has been notified and be for the next possible date for publication of the men tion of the grant of the European patent, the mention shall not be published until the renewal fee has been paid. The applicant shall be informed ac cordingly. (10) the communications under paragraph 4 shall poison cat the designated Contracting States which re quir a translation pursuan to 65, paragraph 1 article (11) the decision to grant the European patent shall state which text of the European patent application forms the basis for the grant of the European patent. Rule 52 grant of the European patent to different applicants where different persons are entered in the Register of European patents as applicants in respect of the Contracting States, feren dif the Examining Division shall grant the European patent for each Contracting State to the applicant or applicants registered in re spec of that State. Chapter V the European patent specifications rule 53 Technical preparation for publication and the form of the specification of the European patent rules 48 and 49, paragraphs 1 and 2, shall apply mutandis to the Po tat specification of the European patent. The specification shall also contain an Indica tion of the time limit for opposing the European even Ent. Rule 54 certificate for a European patent (1) As soon as the specification of the European even ENT has been published in the European Patent Office shall issue Of fic to the proprietor of the patent to a certif cat for a European patent, which shall be annexed to the specifications. The certificate shall certify that the patent has been granted, in respect of the invention de scribed in the patent specification, to the person named in the certificate, for the Contracting States designated in the specification. (2) the proprietor of the patent may request that a cop to FA cat duo of the European patent certificate be sup plied it to him upon payment of an administrative fee. IMPLEMENTING regulations TO part V part V OF the CONVENTION rule 55 content of the notice of opposition the notice of opposition shall contain: (a) the name and address of the opponent and the State in which his residence or principal place of the bus to ness is located, in accordanc with the provision of rule 26, paragraph 2 (c); (b) the number of the European patent against which opposition is filed, and the name of the proprietor and the title of the invention; (c) a statement of the exten to which the European patent is opposed and of the grounds on which the opposition is based as well as an indication of the facts, evidence and arguments presented in support of these grounds; (d) if the opponent has appointed a representative, his name and the address of his place of business, in accordanc with the provision of rule 26, paragraph 2 (c). Rule 56 notice of Rejection of the opposition as inadmissibl (1) If the Opposition Division notes that the notice of opposition does not comply with the provision of The ti CLE 99, paragraph 1, rule 1, paragraph 1, and rule 55, sub-paragraph (c), or does not provide sufficient to identical fication of the patent against which opposition has been filed, it shall be the rejec notice of opposition as in the admissibl of these unless you have been rem deficienc died before the expiry of the opposition period. (2) If the Opposition Division notes that the notice of opposition does not comply with provision for others than those mentioned in paragraph 1, it shall communicate this to the opponent and shall invite him to remedy the noted within such period as the deficienc it may spec ify. If the notice of opposition is not corrected in good time the Opposition Division shall it as been rejec inadm sible. (3) Any decision to rejec a notice of opposition shall be communicated as a inadmissibl to the proprietor of the patent, together with a copy of the notice. Rule 57 Preparation of the examination of the opposition (1) the Opposition Division shall communicate the opposition to the proprietor of the patent and shall in the Witte him to file his observations and to file, amend proposals where appropriate, the description, claims and drawings within a period to be fixed by the oppo sition Division. (2) If several notices of opposition have been filed, the Opposition Division shall communicate them to the other opponent at the same time as the comm tion provided for under a nice paragraph 1. (3) the observations and any amendments you filed by the proprietor of the patent shall be communicated to the other parties concerned who shall be invited by the Opposition Division, if it consider it a expedien It re within a period to be fixed plya ... who gave by the Opposition two sion. (4) In the case of a notice of intervention in opposition proceedings the Opposition Division may dispens with the application of paragraphs 1 to 3 of amendment of the Rule57 European patent without prejudice to rule 87, the description, claims and drawings may be amended, provided that the amendments to the oppos are occasioned by grounds for tion specified in article 100, even if the ground has not been invoked respectiv by the opponent. Rule 58 Examination of opposition (1) All communications issued pursuan to article 101, paragraph 2, and all replies in the commune shall be theret cated to all parties. (2) In any communications to the proprietor of the Euro pean patent pursuan to article 101, paragraph 2, He shall, where appropriate, be invited to file, where not cessary, the description, claims and drawings in amended form. (3) where it is not, any communications the cessary Pro prietor of the European patent to article 101 pursuan, paragraph 2, shall contain a reasoned statement. Where appropriate, this statement shall cover all the grounds against the maintenance of the European even Ent. (4) before the Opposition Division to decide on the maintenance of the European patent in amended form, the it shall inform the parties that it intends to main tain the patent as amended and shall invite them to state their observations within a period of two months if they disapprov of the text in which it is intended to maintain the patent. (5) If disapproval of the text communicated by the Opposition Division is expressed, the examination of the opposition may be continued; otherwise, the Division shall, in tion Oppos on expiry of the period referred to in paragraph 4, request the proprietor of the patent to pay, within three months, the fee for the printing of a new specification of the European patent to file a translation of the and any amended claims in the two official languages of the European Patent Office other than the language of the proceedings. (6) If the acts requested under paragraph 5 are not per formed in due time, they may still be validly formed within two months, Peru of notification of a comm-nication pointing out the failure to observe the time limit, provided that within this two-month period (a) sur charge equal to twice the fee for printing a new spec fi set of the European patent is paid. (7) the communications of the Opposition Division and der paragraph 5 indicates the designated IR Con tracting States which require a translation of the article 65, pursuan paragraph 1. (8) the decision to maintain the European patent as amended shall state which text of the European patent forms the basis for the maintenance thereof. Rule 59 requests for documents documents referred to by a party in the opposition Pro ceeding shall be filed together with the notice of op position or the written submissions in two COPA. If such documents are not enclosed nor filed in ither due time upon invitation by the European Patent Office, it may decide not to take into account any arguments based on them. Rule 60-Continuation of the opposition proceedings by the European Patent Office of its own motion (1) If the European patent has been surrendered or has lapsed for all the designated States, the proceedings may be tion in oppos continued at the request of the opponent filed two months as from within (a), set by the European notifu Patent Office of the surrender or lapse. (2) In the event of the death or legal incapacity of an opponent, the opposition proceedings may be contin ued by the European Patent Office of its own motion, even without the participation of the Hare or legal rep resentativ. The same shall apply when the oppos are tion is withdrawn. Rule 61 Transfer of the European patent rule 20 shall apply mutatis mutandis to any transfer of the European patent during opposition made the pe riod or during the opposition proceedings. Rule 61 of Document in opposition proceedings part II, Chapter II, of the Implementing Regulations shall apply mutatis mutandis to documents filed in the op position proceedings. Rule 62 Form of the new specification of the European patent in opposition proceedings rule 49, paragraphs 1 and 2, shall apply mutatis mutandis to the new specification of the European even Ent. Rule 62 a New certificate for a European patent shall apply the rule 54 shall apply mutatis mutandis to the new spec in fication of the European patent. Rule 63 Costa (1) Apportionmen of costs shall be deal with in the decision on the opposition. Such a apportionmen shall only take into considerations the expense not the proper protection cessary assuras of the rights involved. The costs shall include the remuneration of the represen ta tiv of the parties. (2) A bill of costs, with supporting evidence, shall be attached to the request for the fixing of costs. The re quest shall only be admissibl if the decision in re spec of which the fixing of costs is required has be come fi Nale. Costs may be fixed once their credibility is estab lished. (3) the request for a decision by the Opposition two sion on the awarding of costs by the registry, stating the reasons on which it is based, must be filed in writ ing to the European Patent Office within one month after the date of notification of the awarding of costs. It shall not be deemed to be filed until the fee for the awarding of costs has been paid. (4) the Opposition Division shall take a decision on the request referred to in paragraph 3 without oral Pro ceeding. On the IMPLEMENTING regulations TO part VI (VI) OF the CONVENTION rule 64 content of the notice of appeal the notice of appeal shall contain: (a) the name and address of the appellan in accor dance with the provision of rule 26, paragraph 2 (c); (b) a statement identifying the decision which is im pugned and the exten to which amendment or cant bring lation of the decision is requested. Rule 65 Rejection of the appeal as inadmissibl (1) If the appeal does not comply with articles 106 to 108 and with rule 1, paragraph 1, and rule 64, sub-paragraph (b), the Board of Appeal shall be in the axis inadmissibl, rejec unless each deficiency has been in rem has died before the relevant time limit put down in article 108 has expired. (2) If the Board of Appeal notes that the appeal does not comply with the provision of rule 64, sub-for graph (a), it shall communicate this to the appellan and shall invite him to remedy the noted within such period as the deficienc it may specify. If the appeal is not core in good time rected, the Board of Appeal shall be in sharp inadmissibl rejec. Rule 66 Examination of appeal (1) Unless otherwise provided for, the provision relating to the proceedings before the Department which has made the decision from which the appeal is to be applicable shall it brough appeal proceedings mutatis mutandis. (2) the decision shall be authenticated by the Chair man of the Board of Appeal and by the competent em ploye of the registry of the Board of Appeal, Hey there by their signature or by any other appropriate means. The decision shall contain: (a) a statement that it is delivered by the Board of Appeal; (b) the date when the decision was taken; (c) the names of the Chairman and of the other members of the Board of Appeal taking part; (d) the names of the parties and their representatives; (e) a statement of the issues to be decided; (f) a summary of the facts; (g) the reasons; (h) the order of the Board of Appeal, including, where appropriate, a decision on costs. Rule 67 Reimbursemen of appeal fees the appeal fee of IR reimbursemen of be ordered in the event of interlocutory revision or where the Board of Appeal is an appeal to be allowabl deemas, if such reimbursemen is equitable by reason of a substantial procedural violation. In the event of interlocutory reimbursemen shall be the rev in sion, be ordered to depart by the men whose decision has been impugned and, in other cases, by the Board of Appeal. On the IMPLEMENTING regulations VII TO part VII OF the CONVENTION Chapter I Decisions and communications of the European Patent Office rule 68 of decision Form (1) where oral proceedings are held before the Euro pean Patent Office, the decision may be given orally. Subsequently, the decision in writing shall be notified to the parties. (2) the Decision of the European Patent Office which shall be the open to appeal shall be reasoned and panied by a written communication com eyes of the posses a bility of appeal. The communications shall also draw the atten tion of the parties to the provision laid down in Arti cles 106 to 108, the text of which shall be at tached. The parties may not invoke the omission of the com munication. Rule 69 Noting of loss of rights (1) If the European Patent Office notes that the loss of any right results from the Convention, without any decision concerning the refusal of the European en application or even the grant, or revocation of nance of the maint European patent, or the taking of EVI denc, it shall communicate this to the persons con cerned in accor dance with the provision of article 119. (2) If the person concerned consider that the find ing of the European Patent Office ISA, he may, within inaccurat two months after notification of the com Muni referred to in paragraph 1 to the ca tion, apply for a de cision on the matter by the European Patent Office. Such shall be given only by sion December if the European Patent Office Of FICO does not share the opinion of the per son re questing for it; otherwise the European Patent Office shall inform the fic Of the person requesting the decision. Rule 70 signature, name, seal (1) Any decision, communications and notices from the European Patent Office is to be signed by and to state the name of the employee responsible. (2) where the documents mentioned in paragraph 1 are produced by the employee responsible in using a computer, a seal may replace the signature. Where the documents are produced automatically by com on the puter (a) the employee's name may also be dispensed with. The same applies to pre-printed notices and communic-tion. Chapter II Oral proceedings and taking of evidence rule 71 Summon the oral proceedings (1) the Parties shall be summoned to oral proceed ing provided for in article 116 shall be drawn to their attention and paragraph 2 of this rule. At least two months ' notice of the will shall be given unless the summon the parties agree to a shorter period. (2) If a party who has been duly summoned to oral proceedings before the European Patent Office does not appear as summoned, the proceedings may con tinu is without him. The Preparation of oral proceedings Rule71 (1) When issuing the summon, the European Office shall draw ENT Even attention to the points which in its opinion need to be discussed for the purpose of the decision to be taken. At the same time (a) the final date for making written submissions in preparation for the oral proceedings shall be fixed. Rule84 shall not around plya ... who gave. New facts and evidence presented after that date need not be considered, unless you admitted on the ground that the subject of the proceedings has changed. (2) If the applicant or patent proprietor has been not in the fied of the ground of prejudicing the grant or maint-nance of the patent, he may be invited to sub MIT, by the date specified in paragraph1, second line, documents which meet the requirements of the Con vention. Paragraph1, the third and fourth recent umbrella term, shall apply mutatis mutandis. Rule 72 Taking of evidence by the European Patent Office (1) where the European Patent Office consider it not to hear the cessary oral evidence of parties, wit no ss or experts or to carry out an inspection, it shall make a decision to this end, setting out the investig tion of which it intends to carry out relevant facts to be proved and the date , time and places of the tion of the investig. If oral evidence of a witness and experts is re quested by a party, the decision of the Office shall be the European en Even determin the period of time within which the party filing the request must make known to the European Patent Office the name and ad dresses of the witness and experts whom it wishes to be heard. (2) At least two months ' notice of a summon is sued to a party, witness or expert to give evidence shall be given unless the they agree to a shorter period. The sum Mons shall contain: (a) an extract from the decision mentioned in para graph 1, indicating in particular the date, time and place of the investigation ordered and stating the facts re garding which parties, witness and experts are to be heard; (b) the names of the parties to the proceedings and in particular of the rights which the witness or ex Perth may invoke under the provision of rule 74, para graph 2 to 4; (c) an indication that the party, witness or expert may request to be heard by the competent court of his country of residence and a requirement that he notify the European Patent Office within a time limit to be fixed by the Office he is prepared to appear before whethers it. (3) before a party, witness or expert may be heard , he shall be informed that the European Patent Office may request the competent court in the country of residence of the person concerned by the re-examin his evidence on oaths or in an equally binding form. (4) the parties may attend an investigation and may put relevant questions to the testifying parties, wit nessa and experts. Rule 73 Commissioning of experts (1) the European Patent Office shall decide in what form the report made by an expert whom it shall appoint to be submitted. (2) the terms of reference of the expert shall be in clud: (a) a precise description of his task; (b) the time limit passed down for the submission of the expert report; (c) the names of the parties to the proceedings; (d) in particular of the rights which he may invoke and fits the provision of rule 74, paragraphs 2 to 4. (3) A copy of any written report shall be submitted to the parties. (4) the parties may object to an expert. The depart men of the European Patent Office concerned shall decide on the objection. Rule 74 Costa of taking of evidence (1) the taking of evidence by the European Patent Office may be made conditional upon deposit with it, by the party who requested the evidence to be taken, of a sum the amount of which shall be fixed by an estimate it refer enc of the Costa. (2) Witness and experts who are summoned by and appear before the European Patent Office shall be en titled to appropriate travel reimbursemen of expense insurance and subsistenc. An advance for these may be granted ex-penny to them. The first of the line shall apply to witness and experts who appear be for the Euro pean Patent Office without being i.t. and the sum by Moneda heard as witness or experts. (3) the Witness it under para entitled reimbursemen shall also be entitled to graph 2 it appropriate compen sation for loss of earnings, and experts to fees for their work. These payments shall be made to the wit nessa and experts after they have fulfilled their tasks. the Court or Division (4) the Administrative Council shall lay down the de tail in each the implementation of the process of sion of paragraphs 2 and 3. Payment of due non pure suan them these paragraphs shall be made by the Euro pean Patent Office. Rule 75 Conservation of evidence (1) On request, the European Patent Office may, with out delay, heart oral evidence or conduct inspect tion, with a view to conserving evidence of facts li able af fect a decision which it may be called upon to take with regards to an existing European patent or a European patent around plication, where there is reason to fear that it might subsequently become more diff in a cult or even im possible to take evidence. The date on which the measure with to be taken shall be to the applicant of the comm nicated for or proprietor of the patent in sufficient time to allow him to attend. He may ask the relevant "-tion. (2) the request shall contain: (a) the name and address of the person filing the re-quest and the State in which his residence or place of Prince pal business is located, in accordanc with the provision of rule 26, paragraph 2 (c); (b) sufficient identification of the European patent or European patent around plication in question; (c) the designation of the facts in respect of which EVI denc is to be taken; (d) of the particular way in which evidence is to be taken; (e) a statement establishing a prima facie case for fearing that it might subsequently become more diff in a cult or impossible to take evidence. (3) the request shall not be deemed to have been filed until the fee for the conservation of evidence has been paid. (4) the decision on the request and any resulting tak ing of evidence shall be upon the incumben a de for the men of the European Patent Office required it to take the dec to liabl sion to be affected by the fact to be estab lished. The provision of the Convention with regard to the taking of evidence in the proceedings would be for the Euro pean Patent Office shall be applicable. Rule 76 minutes of oral proceedings and of taking of evidence (1) minutes of oral proceedings and of the taking of evidence shall be drawn up containing the essentials of the oral proceedings or of the taking of evidence, the relevant statements made by the parties, the Tess timony of the parties, witness or experts and the re juice of any inspection. (2) the minutes of the news article of a witness, expert or party shall be read out or submitted to him so that he may be the examin. It shall be noted in the min Utes that this formality has been carried out and that the person who gave the news article approved the minutes. If his approval is not given, his objection shall be noted in the. (3) the minutes shall be authenticated by the em ploye who drew them up and by the employee who conducted the oral proceedings or taking of evidence, either by their signature or by any other appropriate means. (4) the Parties shall be provided with a copy of the minutes. Chapter III the notifications rule 77 General provision on notifications (1) In proceedings before the European Patent Office, any notifications Of fic to be made shall take the form either of the original document, of a copy thereof by or fied certs bearing the seal of, the European Patent Office or a computer print-out bearing such seal. COP out of documents emanating from the parties themselves shall not require such certification. (2) Notifications shall be made: (a) by post in accordanc with rule 78; (b) by delivery on the premise of the European en Office Even in accordanc with rule 79; (c) by publishing a notice in accordanc with rule 80, or (d) by such technical means of communications as determined by the President of the European Patent Office and under the conditions laid down by the gov erning him their use. (3) the Notification through the central industrial prop erty Office of a Contracting State shall be made in ac cor dance with the provision is applicable to the said Office in the national proceedings. Rule 78 Notification by post (1) Decisions incurring in a time limit for appeal, the sum of the mons and others documents as decided on by the President of the European Patent Office shall be fied by registered letter note with advice of delivery. All other notifications shall be by registered by post let ter. (2) where notification is effected by registered letter, whethers or not with advice of delivery, this shall be deemed to be delivered to the addresse on the tenth day following its posting, unless the letter has failed to reach the addresse or has reached him at a later date; in the event of any dispute, it shall be incumben on the European Patent Office to establish that the letter has reached its destination or to establish the date on which the letter was delivered to the ad dresse, as the case may be. (3) Notification by registered letter, whethers or not with advice of delivery, shall be deemed to have been an ef fected event if acceptance of the letter has been re fused. (4) To the exten to that notification by post is not cov ered by paragraphs1 to 3, the law of the State on the territory of which the notification is made shall apply. Rule 79 Notification by hand delivery Notification may be effected by on the premise of the European Patent Office by delivery by hand of the document to the addresse, who shall on delivery receipt. to acknowledg it Notification shall be deemed to have taken place even if the addresse of the refus to accept the document or the receipt thereof the acknowledg. Rule 80 Public notification (1) If the address of the addresse of the estab lished cannot be, or if notification in accordanc with rule 78, paragraph 1, has proved to be impossible even after a second attempt by the European Patent Office, a set Of FICO shall be effected by the notifu public notice. (2) the President of the European Patent Office shall publish notices determin how the is to be given and the beginning of the period of one month on the expiry of which the document shall be deemed to have been notified. Rule 81 Notification to representatives (1) If a representative has been appointed, shall be addressed by the notific tion to him. (2) If several representatives have been around such pointed for a single interested party, notification to any one of them shall be sufficient. (3) If several interested parties have a common representative, notification of a single document to the common representative shall be sufficient. Rule 82 Irregularit in the notification where a document has reached the addresse, if the European Patent Office is unable to process that it has been duly notified, or if the provision relating to it in a set have not been notifu observed, the document shall be deemed to have been notified on the date estab lished by the European Patent Office as the date of receipt. Chapter IV time limits rule 83 Calculation of time limits (1) the Period shall be put down in terms of full years, months, weeks or days. (2) the Computation shall start on the day following the day on which the relevant event occurred, the event being either a procedural step or the expiry of another pe riod. Where the procedural step is a notification, the event considered shall be the receipt of the document, unless the note is otherwise provided fied. (3) When a period is expressed as one year or a tain number of years, I hope it shall expires in the relevant sub sequen year in the month having the same name and on the day having the same number as the month and the day on which the said event occurred, pro vided that if the relevant subsequent month has from the day with the same number the period shall expires on the last day of that month. (4) When a period is expressed as one month or a certain number of months, it shall expires in the rele vant subsequent month on the day which has the same number as the day on which the said event oc curred, provided that if the relevant subsequent month has from the day with the same number the period shall expires on the last day of that month. (5) When a period is expressed as one week or a cer tain number of weeks, it shall expires in the relevant subsequent week on the day having the same name as the day on which the said event occurred. Rule 84 Duration of time limit where the Convention or Implementing these Reg la tion in the specify a period to be determined by the Euro pean Patent Office, such period shall be not less than two months nor more than four months; in certain SPE cialis may it be of up to circumstanc six months. In the special case of tain, hope the period may be extended upon request, presented before the expiry of such pe riod. Rule84 the late receipt of documents (1) A document received late at the European Office shall be ENT Even deemed to have been received in due time if it was posted, or delivered to a recognized the de livery service, in due time before the expiry of the time limit in accordanc with the condition laid down by the President of the European Patent Office , unless the document was received later than three months after expiry of the time limit. (2) Paragraph 1 shall apply mutatis mutandis to the time limits provided for in the Convention where ac tion with the trans is carried out with the competent au thority in the eye cordanc with article 75, paragraph 1 (b) or paragraph 2 (b). Rule 85 Extension of time limit (1) If a time limit expires on a day on which one of the filing offices of the European Patent Office in the sense of article 75, paragraph 1 (a) is not open for re ceip of documents or on which, for reasons other than those referred to in paragraph 2, ordinary mail is not delivered there , the time limit shall extend until the first day thereafter on which all the filing offices are open for receipt of documents and on which ordinary mail is delivered. (2) If a time limit expires on a day on which there is a general interruption or subsequent dislocation in the delivery of mail in a Contracting State or a Contracting State and between the European Patent Office, the time limit shall extend to the first day following the end of the period of interruption or dislocation for the resident court in the State concerned or who have representatives with a pointed around the place of business in that State. The first line shall apply mutatis by the mu tandem to the period referred to in article 77, para graph 5. In the case where the State concerned is the State in which the European Patent Office is located, this provision shall apply to all parties. The duration of the above-mentioned period shall be as stated by the President of the European Patent Office. Paragraphs1 and 2 (3) shall apply mutatis mutandis to the time limits provided for in the Convention in the case of transactions carried out with the competent authority in accordanc with article 75, para graph1 (b) or (b) paragraph2. (4) If an exceptional occurrence such as a natural dis aster or a strike or interrupt the proper functioning of the dislocat of the European Patent Office so that any communication from the Office to parties concerning the expiry of a time limit is delayed, acts to be com pleted within such a time limit may still be validly com pleted within one month after the notification of the delayed communication. The date of the end of commencemen and any such interruption or dislocation shall be as stated by the President of the European Patent Office. (5) without prejudice to paragraphs 1 to 4, may be offered by EVI denc that on any of the ten days preceding the day of expiration of a time limit the mail service was interrupted or subsequently dislocated on account of war, revolution, civil disorder, strike, ral, or others like the cal ity reason, in the locality where the party or his representative resident programs or has his place of bus to ness or is staying. If such circumstanc with the proven to the satisfaction of the European Patent Office, a document received late shall be deemed to have been received in due time provided that the mailing has been effected within five days after the mail service was re sumed. Rule 85 of the Period of grace for payment of fees (1) If the filing fee, the search fee or a designation fee has not been paid within the time limit provided for in article 78, paragraph 2, article 79, paragraph 2, rule 15, paragraph 2, or rule 25, paragraph 2, it may still be validly paid within a period of grace of one month from notification of a communication pointing out the failure to observe the time limit , provided that within this pe riod (a) the surcharge is paid. (2) the Designation fees in respect of which the Apple cant has dispensed with notification under paragraph 1 may still be validly paid within a period of grace of two months of the expiry of the normal time limit referred to in paragraph 1, provided that within this period a sur charge is paid. Rule 85b Period of grace for the filing of the request for examination If the request for examination has not been filed within the time limit provided for in article 94, para graph 2, it may still be validly filed within a period of grace of one month from notification of a pointing out of communic tion the failure to observe the time limit , provided that within this period a surcharge is paid. Chapter V Amendments and corrections rule 86 amendment of the European patent application (1) before receiving the European search report the applicant may not amend the description, claims or drawings of a European patent application except where otherwise provided. (2) After receiving the European search report and before receipt of the first communication from the Ex amining Division, the applicant may, of his own, amend the tion voli description, claims and drawings. (3) After receipt of the first communication from the Examining Division the applicant may, of his own, amend once voli tion the description, the claims and draw ing provided that the amendment is filed at the same time as the reply to the communication. From further amend the Maine may be made without the consent of the exam ining Division. (4) the Amended claims may not relate to unsearched subject-matter which does not combine with the orig claimed invention or group of nally of invention to form a single general concept of inventiv. Rule 87 different claims, description and drawings for different States If the European Patent Office notes that, in respect of one or some of the designated Contracting States, the content of an earlier European patent application forms part of the State of the art in the Arts cle54, pursuan para graphs3 and 4, or if it is informed of the existenc of a prior right under Article139 graph2, para, the European patent application or patent may contain the Euro pean for such State or States claims and, Even if the European en the Office consider it neces sary, a description and drawings which are the dif feren from those for the other designated Contracting States. Rule 88 Correction of errors in documents filed with the European Patent Office, of Linguistic error error transcription and mistakes in any document filed with the European Patent Office may be corrected on request. How ever, if the re quest for such correction concerns a description, claims or drawings, the correction must be obvious in the sense that it is immediately to that nothing else evidens would have been intended than what is offered as the correct tion. Rule Correction of errors in decisions 89 In decision of the European Patent Office, only lin guistic errors, errors of transcription and obvious path may be corrected by the CIS. Chapter VI the Interruption of proceedings rule 90 Interruption of proceedings (1) Proceedings before the European Patent Office shall be interrupted: (a) in the event of the death or legal incapacity of the applicant for or proprietor of a European patent or of the person authorized by national law to act on his be half. The exten to it that the above events do not affec the authorisation of a representative appointed under article 134, proceedings shall be interrupted only on application by such representative; (b) in the event of the applicant for or proprietor of a European patent, as a result of some action taken against his property, being prevented by legal rea son from continuing the proceedings before the European Patent Office; (c) in the event of the death or legal incapacity of the representative of an applicant for or proprietor of a European patent or of his being prevented for legal reasons resulting from action taken against his prop erty from continuing the proceedings before the Patent Office Euro pean. (2) When, in the cases referred to in paragraph 1 (a) and (b), the European Patent Office has been in formed of the identity of the person authorized to continue the proceedings before the European Patent Office, the European Patent Office shall communicate to such person and to any interested third party that the Pro ceeding shall be resumed as from a date to be fixed by (a) the European Patent Office. (3) In the case referred to in paragraph 1 (c), the Pro ceeding the IR be resumed when the European en the Office Itself has been informed of the appointment of a new representative of the applicant or when the European Patent Office has notified to the other about the communication of the appointment of a new research of the ancient tativ of the proprietor of the patent. If, three months after the beginning of the interruption of the proceed-ing, the European Patent Office has not been in formed of the appointment of a new research of sentativ, it shall communicate it to the applicant for or proprietor of the patent: (a) where article 133, paragraph 2, is applicable, that the European patent application will be deemed to be withdrawn or the European patent will be re voked if the information is not submitted within two months after this communication is notified , or (b) where article 133, paragraph 2, is not applicable, that the proceedings will be resumed with the Apple cant for or proprietor of the patent as from the date on which this communication is notified. (4) the time limits, other than the time limit for make ing a request for examination and the time limit for paying the renewal fees, in force as regards the around plican for or proprietor of the patent at the date of interruption of the proceedings, shall begin again as from the day on which the proceedings are resumed. If such data is less than two months before the end of the period within which the request for examination must be filed, such a request may be filed up to the end of the two months after such date. Chapter VII of enforced recovery procedure of Waiving rule 91 of Waiving enforced recovery procedures the President of the European Patent Office may waiv action for the enforced recovery of any sum due if the sum to be recovered is minimal or if recov ery such is too uncertain. Chapter VIII Information to the published rule 92 entries in the Register of European patents (1) the Register of European patents shall contain the following entries: (a) the number of the European patent application; (b) the date of filing of the European patent application; (c) title of the invention; (d) the classification code given to the European patent application; (e) the Contracting States designated; (f) the family name, given name, address, and the State in which the residence or principal place of business of the applicant for or proprietor of the European en even is located; (g) the family name, given names and address of the designated by the ventor in applicant for or proprietor of the patent, unless he has waived his right to be men tioned under Rule18, paragraph1; (h) family name, given names and address of the place of business of the representatives of the Apple cant for or proprietor of the patent referred to in Arti CLE 134; in the case of several representatives only the family name, given names and address of the place of business of the first named representative, followed by the words "and others" shall be entered; However, in the case of an association referred to in rule 101, paragraph 9, only the name and address of the association shall be entered; (i) priority data (date, State and file number of the application for pre vio); (j) in the event of a division of the European patent, the number around the plication of the European divisional Apple to set; (k) in the case of European divisional applications and a new European patent application under article 61, paragraph 1 (b), the information referred to under the sub-paragraph (a), (b) and (i) with regards to the ear lier European patent application; (l) the date of publication of the European patent applic a tion and where appropriate data of the SEPA rate publication of the European search report; (m) the date of filing of the request for examination; (n) the date on which the European patent application is withdrawn or deemed to be re fused to be withdrawn; (o) the date of publication of the mention of the grant of the European patent; (p) the date of lapse of the European patent in a Con trac to ing State during the opposition period and, where appropriate, pending a final decision on opposition; (q) the date of filing opposition; (r) the data and purpor of the decision on opposition; (s) the suspension and resumption of data of proceed ing in the cases referred to in rule 13; (t) data of interruption and resumption of proceed-ing in the case referred to in rule 90. (u) the date of the re-establishment of rights provided that an entry has been made in accordanc with sub-par graph (n) or sub-paragraph (r); (v) the filing of a request to the European Patent Office Of FICO to article 135 pursuan; (w) rights and transfer of such rights over a Euro pean patent application or European patent where these are recorded to these Implementing Regulations pursuan. (2) the President of the European Patent Office may decide that others than those entries referred to in paragraph 1 shall be made in the Register of Euro pean patents. (3) an Extract from the Register of European patents shall be delivered on request on payment of an ad min istrativ of fe. Rule 93 parts of the file not for inspection the parts of the file which shall be excluded from inspection pursuan to article 128, paragraph 4, shall be: (a) the documents relating to the exclusion of or ob jec tion to members of the boards of Appeal or of the Enlarged Board of Appeal; (b) draft decisions and opinions, and all others doc file, the used for the preparation of decisions and opinions, which are not communicated to the parties; (c) the designation of the inventor, if he has waived his right to be mentioned under Rule18, paragraph1; (d) any other document excluded from inspection by the President of the European Patent Office on the ground that such inspection would not serve the pur pose of informing the public about the European even en application or the resulting patent. Rule 94 Procedure for the inspection of files (1) Inspection of the files of European patent applic a tion and patent shall either be of the original doc menu, or of the cop to, or of technical means thereof of storage if the files are stored in this way. (2) the President of the European Patent Office shall all subject file‑inspection determin, in cluding the circumstanc-in which an administrative fee is payable. Rule 95 Communications of information led in the files subject to the restriction provided for in article 128, paragraphs 1 to 4, and in rule 93, the European en Office may Even, upon request, communicate the informed concerning any tion file of a European patent or European patent applic a tion subject to the payment of an admin fee of istrativ. However, the European Patent Office Of FICO may require the exercise of the option to obtain the in spection of the file itself should it be this to be around de propriat in view of the quantity of information to be supplied. Rule 95 of the Constitution, maintenance and preservation of files (1) the European Patent Office shall change the constitut, tain and preserve files relating to all European patent applications and patents. (2) the President of the European Patent Office shall determin the form in which the files relating to Euro pean patent applications and patents shall be maintained and preserved in tuted, const. (3) documents incorporated in an electronic file shall be considered to be originals. (4) files relating to European patent applications and patents shall be preserved for at least five years from the end of the year in which: (a) the application is refused or withdrawn or is deemed to be withdrawn; (b) the patent is revoked the opposition Pro ceeding pursuan; or (c) the patent or the extended term or correspond ing protection under article 63, paragraph2, the Fox in the last of the designated States. (5) without prejudice to paragraph 4, files relating to European patent applications which have given rise to divisional applications under article 76 or new Apple ca tion under Article61, paragraph 1 (b), shall be pre served for at least the same period as the files you ing to any one religion of these last applications. The same shall apply to files relating to any resulting European even agent. Rule 96 Additional publications by the European Patent Office (1) the President of the European Patent Office may provide that, and in what form, the data referred to in article 128, paragraph 5, shall be communicated to third parties or published. (2) the President of the European Patent Office may provide for the publication of new or amended claims received after the time mentioned in rule 49, para graph 3, the form of such publication and the en try in the European Patent Bulletin of particular con cerning such claims. Chapter IX Legal and administrative co-operation rule 97 communications between the European Patent Office and the authorities of the Contracting States (1) communications between the European patent Of FICO and the central industrial property offices of the Contracting States which «arise out of the application of the Convention shall be effected directly between these authorities. Communications between the Euro pean Patent Office and the courts or other authorities of the Contracting States may be effected through the inter mediary of the above central industrial property of FICO. (2) Expenditure in respect of communications under paragraph 1 shall be chargeabl to the authority make ing the communications, which shall be the main from fe. Rule 98 Inspection of files by or via courts or authorities of the Contracting States (1) Inspection of the files of European patent applic a tion or of European patents by courts or au thorit to of the Contracting States shall be of the original doc file or of the cop to thereof; Rule 94 IR note around plya ... who gave. (2) courts or Public Prosecutor ' Office of the Con tracting States may, in the course of their ing, communicate it proceed third parties files or to be transmitted to the cop thereof by the European Patent Office. Such communications shall be effected in the eye cordanc with the condition laid down in article 128; They shall not incur the payment of the administrative fee. (3) the European Patent Office shall, at the time of transmission of the files or the cop to it the courts thereof or Public Prosecutor ' Office of the contract ing States, indicates such a restriction as may, under article 128, paragraphs 1 and 4, be applicable to the comm-nication to third parties of files concerning a European patent application or a European patent. Rule 99 procedure for letters rogatory (1) Each Contracting State shall designat a central authority which will undertak to receive letters issued by the tory cone the European Patent Office and to transmit them to the authority competent to execute them. (2) the European Patent Office shall draw up letters rogatory in the language of the competent authority or shall attach to such letters rogatory a translation into the language of that authority. (3) subject to the provision of paragraphs 5 and 6, the competent authority shall apply its own law as to the procedures to be followed in executing such re quests. In particular, it shall apply appropriate MEAs ur of compulsions in accordanc with its own law. (4) If the authority to which the letters rogatory are transmitted is not competent to execute them, the let the rogatory shall be sent for met forthwith to the central au thority referred to in paragraph 1 shall transmit an authority that the letters rogatory either to the competent authority in that State, or to the European Patent Office from the authority Of fic where is competent in that State. (5) the European Patent Office shall be informed of the time when, and the place where, the enquiry or other legal measure is to take place and shall inform the parties, of witness and experts concerned. (6) If so requested by the European Patent Office, the competent authority shall permit the attendance of members of the Department concerned and allow them to question any person giving evidence either di rectly or through the competent authority. (7) the execution of letters rogatory shall not give rise to any reimbursemen of fees or costs of any na there. Vertheles, not the State in which letters rogatory are executed has the right to require the Organisation to any fees paid to reimburs experts and interpreters and the costs incurred by the procedure of paragraph 6 (8) If the law applied by the competent authority of the parties the possibility to secure evidence and the author ity is not able itself to execute the letters Roga tory , that authority may, with the consent of the European en Office, Even a person their appoin suitabl do so. When seeking the consent of the European Patent Office, the competent authority shall indicates the approx mate costs which would result from this procedure. Even if the European en Office give it will consent to the Or ganisation IR re imburs any costs incurred; without such consent, the Organisation shall not be liabl for such costs. Chapter X Representation rule 100 appointment of a common representative (1) If there is more than one applicant and the re quest for the grant of a European patent does not name a common representative, the applicant first named in the request shall be considered to be the common rep resentativ. However, if one of the Apple is obliged to appoin cant have a professional represent the tiv this representative shall be considered to be the common representative unless the first named Apple cant has around a professional representative pointed. The same shall apply mutatis mutandis to third on court acting in com mon in filing notice of opposition or intervention and to join the proprietor of a European patent. (2) If, during the course of proceedings, transfer is made to more than one person, and such persons have not appointed a common representative, the graph 1 shall apply. If such application is not posses the Blu, the European Patent Office shall require such persons to a common appoin representative within two months. If this request is not complied with, the Euro pean Patent Office shall be appoin the common sentativ of the research. Rule 101 Authorisation (1) representatives acting before the Office shall be the European en Even upon request file a signed author of the sation within a period to be specified by the European Patent Office. The President of the European Patent Office shall determin the cases where the United Nations is to be filed by the authoris tion. The authorisation may cover one or more European patent applications or European patents and shall be filed in the òàæó num ber of the cop. Where the requirements of article 133, paragraph 2, have not been satisfied, the same pe riod shall be specified for the notification of the men around the point of a representative and for the filing of the au thorisation. (2) A general authorisation enabling a represent the tiv to act in respect of all the patent transactions of the party making the authorisation may be filed. (A) a single copy shall be sufficient. (3) the President of the European Patent Office may determin and publish in the Official Journal of the European Patent Office for the form and content of: (a) an authorisation in so far as it relate to the research of the person as defined in entation article 133, paragraph 2; (b) a general authorisation. (4) If the authorisation is not filed in due time, any pro cedural steps taken by the representative other than the filing of a European patent application shall, without prejudice to any other legal consequences provided for in the Convention, be deemed not to have been taken. (5) the provision of paragraphs 1 and 2 shall apply mutatis mutandis to a document withdrawing an au thorisation. (6) Any representative who has ceased to be authorized shall continue to be regarded as the rep resents the tiv is until the termination of his authorisation has been communicated to the European patent Of fic. (7) subject to any provision to the contrary con tained therein, an authorisation shall not terminate vis-à-vis the European Ê patent office upon the death of the per son who gave it. (8) If several representatives are appointed by a party, they may, notwithstanding any provision to the contrary in the notification of their appointment or in the authorisation, act either jointly or singly. (9) the authorisation of an association of represen tat Ives shall be deemed to be authorisation of any rap resentativ who can establish that he practis within that association. Rule 102 amendment of the list of professional representatives (1) the entry of a professional representative shall be deleted from the list of professional if he of the tiv represent so requests or if, despite repeated remind er, he pays it to the file the annual subscription to the In stitut of Professional representatives before the European Patent Office before the end of the year for which the subscription is due. (2) After the expiry of the transitional period, pro vided for in article 163, paragraph 1, and without prejudice to any disciplinary measure taken under of article 134, paragraph 8 (c), the entry of any of the research of entativ sional Prof. may be deleted automatically in the following cases only: (a) in the event of the death or legal incapacity of the professional representative; (b) in the event of the professional representative no longer being a national of one of the Contracting States, unless he was entered on the list during the transitional period or was granted exemption by the President of the European Patent Office in accor dance with article 134, paragraph 6; (c) in the event of the professional representative no longer having his place of business or employment within the territory of one of the Contracting States. (3) A person whose entry has been deleted shall, upon request, be re-entered in the list of professional research of the sentativ if the conditions for deletion no longer ex ist. On the IMPLEMENTING regulations VIII TO part VIII OF the CONVENTION rule 103 Information to the public in the event of conversion (1) the documents which, in accordanc with article 136, accompany the request for conversion shall be communicated to the public by the central industrial property office under the same conditions and to the same documents relating to exten as national proceedings. (2) the printed specifications of the national patent re sulting from the conversion of a European patent application must mention that application. Of the IMPLEMENTING regulations TO part IX, X OF the CONVENTION rule 104 the European Patent Office as receiving Office (a) (1) When the European Patent Office acts as a re ceiving Office under the Cooperation Treaty, the application shall be filed in the national met in English, French or German. It shall be filed in three COPA; the same around any of the FA to the documents referred to in the check list provided for in rule 3.3 (a) (ii) of the regulation the Cooperation tion and fits the Treaty except the receipt for the fees paid or the cheque for the payment of fees. The President of the European Patent Office may, how ever, decide that the international application and any related item shall be filed in fewer than three cops. (2) If the provision of paragraph 1, second line, are not complied with, the missing cop to be IR pre pared by the European Patent Office at the ex Pense of the applicant. (3) If an international application is filed with an au thor ity of a Contracting State for transmittal to the Euro pean Patent Office as the receiving Office, the Con tracting State must ensur that the application reach the European Patent Office not later than two weeks before the end of the thirteenth month after Phil ing or, if priority is claimed, after the date of priority. Rule 105 the European Patent Office as an International Searching Authority or International Preliminary Examining Authority (1) In the case of article 17, paragraph 3 (a), of the Treaty, an additional Co operation fee equal to the amount of the search fee shall be payable for each further in an international search for which ISA vention to be car ried out. (2) In the case of article 34, paragraph 3 (a), of the Treaty, an additional Co operation fee equal to the amount of the preliminary examination fee shall be payable for each further invention for which the inter national pre liminary examination is to be carried out. (3) without prejudice to rules 40.2 and 68.3 (e) (e) of the regulations under the Cooperation Treaty, where an additional fee has been paid under protest, the European Patent Office shall review the whethers to pay tion of the invite additional fee was justified and, if it does not so find, shall refund the additional fee. If the European Patent Office after such a review con sider the invitation to be justified, it shall notify the applicant accordingly and shall invite him to pay a fee for the ex amination of the protest ("protest fee"). If the protest fee is paid in due time, the protest shall be re ferred to the Board of Appeal for a decision. Rule 106 the national fee the national fee provided for in article 158, paragraph 2, the following IR compris fees: (a) a national basic fee equal to the filing fee provided for in article 78, paragraph 2, and (b) the designation fees provided for in article 79, paragraph 2. in rule 107 the European Patent Office as a designated or elected Office — requirements for entry into the European phase (1) In the case of an international application as re ferred to in Article150, paragraph3, the applicant must perform the following acts within a period of thirty-one months from the date of filing of the Apple to set or, if priority has been claimed, from the priority date: (a) supply, where applicable, the translation of the international application required under article 158, para graph 2; (b) specify the application documents, as originally filed or in amended form, on which the European grant procedure is to be based; (c) pay the national basic fee provided for in rule 106 (a); (d) pay the designation fees if the time limit specified in article 79, paragraph 2, has expired earlier; (e) pay the search fee provided for in article 157, paragraph 2 (b), a supplementary European search where a report has to be drawn up; (f) file the request for examination provided for in the Arti CLE 94, if the time limit specified in Article94, para graph 2, has expired earlier; (g) pays the renewal fee in respect of the third year pro vided for in article 86, paragraph 1, if the fee has fallen due earlier under Rule37, paragraph1; (h) file, where applicable, the certificate of exhibition re ferred to in article 55, paragraph 2, and rule 23. (2) where the European Patent Office has drawn up an international preliminary examination report the ex Ami nation fee shall be reduced as put down in the rules relating to fees. If the report was established on cer tain parts of the international application in ac cordanc with article 34, paragraph 3 (c), of the Treaty, the reduction in Co operations shall be allowed only if the is to be performed for the examin tion on the subject-matter covered by the report. Rule 108 consequences of the non-fulfilmen of certain requirements (1) If either the translation of the international applic a tion or the request for examination is not filed in due time, or if the national basic fee or the search fee is not paid in due time, or if the designation fee is paid from in due time, the European patent application shall be deemed to be withdrawn. (2) the designation of any Contracting State in re spec of which the designation fee has not been paid in due time shall be deemed to be withdrawn. (3) If the European Patent Office notes that the Apple in the set or the designation of a Contracting State is deemed to be withdrawn under paragraph 1 or 2, it shall communicate this to the applicant. Rule 69, para graph 2, shall apply mutatis mutandis. The loss of rights shall be deemed not to have occurred if, within two months of notification of the communication and fits, the omitted Act sentence1 is completed and a sur charge is paid. Rule 109 amendment of the application without prejudice to paragraphs 2 to 4, Rule86, the application may be amended once, within a non-extendabl period of one month as from notification of a communication informing the applicant accordingly. The application as amended shall serve as the basis for any supplementary search which has to be per formed under Article157, paragraph2. Rule110 claims incurring fees Consequences of non-payment (1) If the application documents on which the Euro pean grant procedure is to be based in more than ten compris claims, a claims fee shall be payable for the eleventh and each subsequent claim within the period provided for in paragraph1, Rule107. (2) Any claims fees not paid in due time may still be validly paid within a non-extendabl period of grace of one month as from notification of a communication pointing out the failure to pay. If within this period amended claims are filed, the claims fees due shall be computed on the basis of such amended claims. (3) Any claims fees paid within the period provided for in paragraph 1 and which are in excess of those due under paragraph2, second line, shall be re funded. (4) where a claims fee is not paid in due time, the claim concerned shall be deemed to be abandoned. Rule111 Examination of certain formal requirements by the European Patent Office (1) If the data concerning the inventor for prescribed in paragraph1, Rule17, have not yet been submitted at the expiry of the period provided for in Rule107, para graph 1, the European Patent Office shall invite the plican to furnish around the data within such period as it shall specify. (2) where the priority of an earlier application is claimed and the file number or the copy provided for in Article88, paragraph 1, and rule 38, paragraphs 1 to 3, have not yet been submitted at the expiry of the pe riod provided for in rule 107, paragraph 1, the Euro pean Patent Office shall invite the applicant to furnish the number or the copy of the earlier application within such period as it shall specify. Rule 38, paragraph4, shall apply. (3) If at the expiry of the period provided for in rule 107, paragraph 1, (a) in the prescribed sequence listing as rule 5.2 of the regulations under the Cooperation Treaty is not available to the European Patent Office, or does not conform to the prescribed standard, or has not been filed on the prescribed data carrier, the Apple cant shall be invited to file a sequence listing to the prescribed form ing con standard or on the pre scribed data carrier within such period as the Euro pean Patent Office shall specify. Rule 112 Considerations of unity by the European Patent Office If only a part of the international application has been searched by the International Searching Authority because that Authority considered that the application did not comply with the requirement of unity of the counted tion, and the applicant did not pay all additional fees according to article 17, paragraph 3 (a), of the Coop eration Treaty within the prescribed time limit , the European Patent Office shall consider the application to whethers compl with the requirement of unity of invention. If the European Patent Office consider that this is not the case, it shall inform the applicant that a European search report can be obtained in respect of those parts of the international application which have not been searched if a search fee is paid for each in-vention in volved within a period specified by the European en Office which Itself may not be shorter than two weeks and may not six weeks exceeds 100. The Search Division shall draw up a European search re port for those parts of the international application which relate to the counted tion in respect of which search fees have been paid. Rule46, paragraph2, shall apply mutatis mutandis.   Agreement on the application of article 65 of the Convention on the grant of European Patents of the States parties to this agreement, IN THEIR CAPACITY as Contracting States to the Convention on the grant of European patents (European Patent Convention) of 5 October 1973, REAFFIRMING their desire to strengthen co-operation between the States of Europe in respect of the protection of an invention , HAVING REGARD to article 65 of the European Patent Convention, RECOGNISING the importanc of the objective to reduce the costs relating to the translation of European patents, STRESSING the need for widespread adherenc to that objective, it contribute effectively to their DETERMINED such cost reduction, have AGREED ON the FOLLOWING PROVISION: article 1 Dispensation with translation requirements (1) Any State party to this agreement having an official language in common with one of the official languages of the European Patent Office IR dispens with the translation requirements provided for in article 65, paragraph 1, of the European Patent Convention. (2) Any State party to this agreement having from the official language in common with one of the official languages of the European Patent Office shall dispens with the translation requirements provided for in article 65, paragraph 1, of the European Patent Convention, if the European patent has been granted in the official language of the European Patent Office prescribed by that State , or translated into that language and supplied under the conditions provided for in article 65, paragraph 1, of the European Patent Convention. (3) the States referred to in paragraph 2 shall continue to have the right to require that a translation of the claims into one of their official languages be supplied under the conditions provided for in article 65, paragraph 1, of the European Patent Convention. (4) Nothing in this Agreement shall be construed as restricting the right of the States parties to this agreement with any translation the dispens requirement or to apply more liberal translation requirements than those referred to in paragraphs 2 and 3 article 2 translations in case of dispute Nothing in this Agreement shall be construed as restricting the right of the States parties to this agreement that the prescrib , in the case of a dispute relating to a European patent, the patent proprietor, at his own expense, (a) shall supply, at the request of an alleged infringer, a full translation into an official language of the State in which the alleged infringement took place, to (b) shall supply, at the request of the competent court or judicial authority, why in the course of legal proceedings , a full translation into an official language of the State concerned. Article 3 signature – Ratification (1) this Agreement shall be open for signature by any Contracting State to the European Patent Convention until 30 June 2001. (2) this Agreement shall be subject to ratification. Instruments of ratification shall be deposited with the Government of the Federal Republic of Germany. Article 4 Accession this Agreement shall, on expiry of the term for signature mentioned in article 3, paragraph 1, be open to accession by any Contracting State to the European Patent Convention and any State which is entitled to accede to that Convention. Instruments of accession shall be deposited with the Government of the Federal Republic of Germany. Article 5 Prohibition of reservations From a State party to this agreement may make reservations theret. Article 6 Entry into force (1) this Agreement shall enter into force on the first day of the fourth month after the deposit of the last instrument of ratification or accession by eight Contracting States to the European Patent Convention, including the three States in which the most European patents took effect in 1999. (2) Any ratification or accession after the entry into force of this Agreement shall take effect on the first day of the fourth month after the deposit of the instrument of ratification or accession. Article 7 Duration of the agreement this Agreement shall be concluded for an unlimited duration. Article 8 Denunciation Any State party to this agreement may at any time denounc it once it has been in force for three years. Notification of denunciation shall be given to the Government of the Federal Republic of Germany. The denunciation shall take effect one year after the date of receipt of such notification. Of the rights acquired to this agreement pursuan before the denunciation took effect shall thereby be impaired. Article 9 scope this Agreement shall apply to European patents in respect of which the mention of grant was published in the European Patent Bulletin after the agreement entered into force for the State concerned. Article 10 languages of the agreement this agreement, drawn up in a single original in the English, French and German languages shall be deposited with the Government of the Federal Republic of Germany, the three texts being equally authentic. Article 11 Transmission and notifications (1) the Government of the Federal Republic of Germany shall draw up certified true cop out of this agreement and shall transmit them to the Governments of all signatory or acceding States. (2) the Government of the Federal Republic of Germany shall notify to the Governments of the States referred to in paragraph 1: (a) any signature; (b) the deposit of any instrument of ratification or accession; (c) the date of entry into force of this agreement; (d) any denunciation received pursuan to article 7 and the date on which it will take effect. (3) the Government of the Federal Republic of Germany shall register this agreement with the Secretariat of the United Nations. In WITNESS WHEREOF, the Plenipotentiar, having presented an theret to their Full powers, found to be in good and due form, have signed this agreement. Done at London on 17 October 2000, in one original, in the English, French and Germany, each text being equally authentic.   The Act revising the Convention on the grant of European patents (European Patent Convention) of 5October 1973, last revised at 17December 1991 preamble the CONTRACTING States TO the EUROPEAN patent CONVENTION, CONSIDERING that the co-operation of the countries of Europe on the basis of the European Patent Convention and the single procedure for the grant of a patent is established thereby render a significant contribution to the legal and economic integration of Europe WISHING to promote innovation and economic growth in Europe still more effectively by laying the foundation for the further development of the European patent system, (MENU RNGTON LINE4), in the light of the increasingly international character of the patent system, to the European patent adap Convention to the technological and legal developments which have occurred since it was concluded, have AGREED AS follows: article 1 the amendment OF the EUROPEAN patent CONVENTION the European Patent Convention shall be amended as follows 1. The following article 4a shall be inserted in the new after Article4: Article 4a Conference of minister of the Contracting States (A) the Conference of minister of the Contracting States responsible for patent matters shall meet at least every five years to discuss issues pertaining to the Organisation and to the European patent system. 2. Article 11 shall be amended to read as follows: article 11 appointment of senior employees (1) the President of the European Patent Office shall be appointed by the Administrative Council. (2) the Vice-President shall be appointed by the Administrative Council after the President of the European Patent Office has been consulted. (3) the members, including the Chairmen, of the boards of Appeal and of the Enlarged Board of Appeal shall be appointed by the Administrative Council on a proposal from the President of the European Patent Office. They may be re-appointed by the Administrative Council after the President of the European Patent Office has been consulted. (4) the Administrative Council shall exercise disciplinary authority over the employees referred to in paragraph 1 to3. (5) the Administrative Council, after consulting the President of the European Patent Office, may also be appoin as members of the Enlarged Board of Appeal legally qualified members of the national courts-judicial authorities why the or of the Contracting States, who may continue their judicial activities at the national level. They shall be appointed for a term of three years and may be reappointed. 3. Article 14 shall be amended to read as follows: article 14 languages of the European Patent Office, European patent applications and other documents (1) the official languages of the European Patent Office shall be English, French and German. (2) A European patent application shall be filed in one of the official languages or, if filed in any other language, translated into one of the official languages in accordanc with the Implementing Regulations. Throughout the proceedings before the European Patent Office, such translation may be brough into the conformity with the application as filed. If a required translation is not filed in due time, the application shall be deemed to be withdrawn. (3) the official language of the European Patent Office in which the European patent application is filed or into which it is translated shall be used as the language of the proceedings in all proceedings before the European Patent Office, unless otherwise provided for in the Implementing Regulations. (4) Natural or legal persons having their residence or principal place of business within a Contracting State having a language other than English, French or German as an official language, and nationals of that State who are resident abroad, may file documents which have to be filed within a time limit in an official language of that State. They shall however file a translation in an official language of the European Patent Office in accordanc with the Implementing Regulations. If any document, other than those documents making up the European patent application, is not filed in the prescribed language, or if any required translation is not filed in due time, the document shall be deemed not to have been filed. (5) European patent applications shall be published in the language of the proceedings. (6) the specifications of European patents shall be published in the language of the proceedings and shall include a translation of the claims in the two other official languages of the European Patent Office. (7) there shall be 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 European patent The register shall be made in the three official languages of the European Patent Office. In cases of doubt, the entry in the language of the proceedings shall be authentic. 4. Article 16 shall be amended to read as follows: article 16 Receiving Section the Receiving Section shall be responsible for the examination on filing and the examination as to formal requirements of European patent applications. 5. Article 17 shall be amended to read as follows: article 17 Search Division of the Search Division shall be responsible for drawing up European search reports for. 6. Article 18 shall be amended to read as follows: (1) the Examining Division Article18 the Examining Division shall be responsible for the examination of the European patent application. (2) An Examining Division shall consis of three technical examiners. However, the examination of a European patent application prior to a decision on it shall, as a general rule, be entrusted to one member of the Division. Oral proceedings shall be before the Examining Division itself. If the Examining Division consider that the nature of the decision so requires, it shall be enlarged by the addition of a legally qualified examiner. In the event of parity of votes, the vote of the Chairman of the Division shall be decisiv. 7. Article 21 shall be amended to read as follows: Article21 Board of Appeal (1) the Board of Appeal shall be responsible for the examination of the appeal from the decision of the Receiving Section, the Examining Division, the Opposition Division and of the Legal Division. (2) For appeal from a decision of the Receiving Section or the Legal Division, a Board of Appeal shall be legally qualified consis of three members. (3) the appeal from a decision of a For an Examining Division, a Board of Appeal shall consis of: (a) two technically qualified members and one legally qualified member, when the decision concerns the refusal of a European patent application or the grant, or revocation of a European patent limitations and was taken by an Examining Division consisting of less than four members; (b) three technically qualified members and two legally qualified members, when the decision was taken by an Examining Division consisting of four members or when the Board of Appeal consider that the nature of the appeal so requires; (c) three legally qualified members in all other cases. (4) an appeal from a decision of a For an Opposition Division, a Board of Appeal shall consis of: (a) two technically qualified members and one legally qualified member, when the decision was taken by an Opposition Division consisting of three members; (b) three technically qualified members and two legally qualified members, when the decision was taken by an Opposition Division consisting of four members or when the Board of Appeal consider that the nature of the appeal so requires. 8. Article 22 shall be amended to read as follows: article 22 Enlarged Board of Appeal (1) the Enlarged Board of Appeal shall be responsible for: (a) deciding points of law referred to it by boards of Appeal; (b) giving opinions on points of law referred to it by the President of the European Patent Office under Article112; (c) deciding on petition for review of the decision of the Board of Appeal under article 112. (2) In proceedings under paragraph 1 (a) and (b), the Board of Appeal shall be Enlarged consis of five legally qualified and technically qualified members two. In proceedings under paragraph 1 (c), the Enlarged Board of Appeal shall consis of three or five members as put down in the Implementing Regulations. In all proceedings a legally qualified member shall be the Chairman. 9. Article 23 shall be amended to read as follows: article 23-Independence of the members of the Board (1) the members of the Enlarged Board of Appeal and of the Board of Appeal shall be appointed for a term of five years and may not be removed from Office during this term, except if there are serious grounds for such removal and if the Administrative Council , on a proposal from the Enlarged Board of Appeal, a decision so this takes effect. Line 1, Notwithstanding the term of Office of members of the boards shall end if they resign or are retired in accordanc with the service regulations for permanent employees of the European Patent Office. (2) the members of the boards may not be members of the Receiving Section, the Examining Division, the Opposition Division or of the Legal Division. (3) In their decisions the members of the boards shall not be bound by any instructions and shall comply only with the provision of this Convention. (4) the rules of Procedure of the boards of Appeal and the Enlarged Board of Appeal shall be adopted in accordanc with the Implementing Regulations. They shall be subject to the approval of the Administrative Council. 10. Article 33 shall be amended to read as follows: article 33 competence of the Administrative Council in certain cases (1) the Administrative Council shall be competent to amend the following provision: (a) the time limit laid down in this Convention; (b) parts II to VIII and part X of this Convention, to bring them into line with an international treaty relating to patents or European Community legislation relating to patents; (c) the Implementing Regulations. (2) the Administrative Council shall be competent, in conformity with this Convention, the following amend or adop provision: (a) the Financial Regulations; (b) the service regulations for permanent employees and the conditions of employment of other employees of the European Patent Office, the salary scales of the said permanent employees and others, and also the nature and rules for the grant of any supplementary benefits; (c) the Pension scheme regulations and any appropriate increase in existing pension to correspond to the increase in salar; (d) the rules relating to fees; (e) its rules of procedure. (3) Notwithstanding article 18, paragraph2, the Administrative Council shall be competent to decide, in the light of experience, that in certain categories of cases Examining Division shall be consis of one technical examiner. Such decision may be rescinded. (4) the Administrative Council shall be competent to authoris the President of the European Patent Office can not gotiat and, with its approval, the agreements on behalf of conclud of the European Patent Organisation with States, with intergovernmental organisations and with documentation centres set up by virtue of agreements with such organisations. (5) the Administrative Council may not take a decision under paragraph 1 (b) concerning an international treaty: —, before the entry into force of that treaty; — European Community legislation concerning, before its entry into force or, where that legislation provides for (a) the period for its implementation, before the expiry of that period. 11. Article 35 shall be amended to read as follows: article 35 Voting rules (1) the Administrative Council shall take its decision in other than those referred to in paragraphs 2 and 3 by a simple majority of the Contracting States represented and voting. (2) A majority of three quarters of the votes of the Contracting States represented and voting shall be required for the decisions which the Administrative Council is is empowered to take under Article7, article 11, paragraph 1, paragraph 1 Article33 (a) and (c), and 2 to 4, article 39, paragraph1, article 40, paragraphs 2 and 4, article 46, paragraph Article134 Article149, 2, , Article 152, Article153, paragraph7, article 166 and article 172. (3) Unanimity of the Contracting States voting shall be required for the decisions which the Administrative Council is is empowered to take under article 33, paragraph1 (b). The Administrative Council shall take such decisions only if all the Contracting States are represented. (A) the decision taken on the basis of paragraph 1, (b) Article33, shall not take effect if a Contracting State declare, within twelve months of the date of the decision, that it does not wish to be bound by that decision. (4) an Abstention shall not be considered as votes. 12. Article 37 shall be amended to read as follows: article 37 Industry funding the budget of the Organisation shall be financed: (a) by the Organisation's own resources; (b) by payments made by the Contracting States in respect of renewal fees for European patents levied in these States; (c) where not cessary, by special financial contributions made by the Contracting States; (d) where appropriate, by the revenue provided for in article 146; (e) where appropriate, and for tangibl in assets only, by third-party borrowing is secured on land or building; (f) where appropriate, by third-party funding for specific projects. 13. Article 38 shall be amended to read as follows: article 38 the Organisation's own resources the Organisation's own resources shall: (a) all compris income from fees and other sources and also the reserve of the Organisation; (b) the resources of the Pension Reserve Fund, which shall be treated as a special class of asset of the Organisation designed to lend support to the Organisation ' s pension scheme by providing the appropriate reserve. 14. Article 42 shall be amended to read as follows: article 42 budget (1) the budget of the Organisation shall be balanced. It shall be drawn up in accordanc with generally accepted accounting principles the let down in the Financial Regulations. If not, there may be cessary amending or supplementary budget. (2) the budget shall be drawn up in the unit of account fixed in the Financial Regulations. 15. Article 50 shall be amended to read as follows: article 50 of the Financial Regulation of the Financial Regulations shall in particular establish: (a) the procedure relating to the establishment and implementation of the budget and for the rendering and auditing of accounts; (b) the method and procedure whereby the payments and contributions provided for in article 37 and the advance provided for in article 41 of the to be made available to the Organisation by the Contracting States; (c) the rules concerning the responsibilities of the accounting officer and authorising and the arrangements for their supervision; (d) the rates of interest provided for in articles 39, 40 and 47; (e) the method of calculating the contributions payable by virtue of Article146; (f) the composition of and duties to be assigned to a budget and Finance Committee which should be set up by the Administrative Council; (g) generally accepted accounting principles, the one which the budget and the annual financial statements shall be based. 16. Article 51 shall be amended to read as follows: article 51 fees (1) the European Patent Office may levy fees for any official task or procedure carried out under this Convention. (2) the time limit for the payment of fees other than those fixed by this Convention shall be put down in the Implementing Regulations. (3) where the Implementing Regulations provides that a fee shall be paid, they shall also lay down the consequences of failure to pay such fee in due time. (4) the rules relating to fees shall in particular determin the non of the fees and the ways in which they are to be paid. 17. Article 52 shall be amended to read as follows: article 52 Patentabl of invention (1) European patents shall be granted for any invention, in all fields of technology, provided that they are new, an inventiv involv step and the industrial applications of susceptibl. (2) the following in particular shall not be regarded as an invention within the meaning of paragraph 1: (a) discover, scientific theories and mathematical methods; (b) creation of aesthetics; (c) schemes, rules and methods for performing mental acts, playing games or doing business, and programs for computers; (d) presentations of information. (3) Paragraph 2 shall exclude the patentability of the subject-matter or activities referred to therein only to the exten to which a European patent application or European patent relate to such subject-matter or activities as such. 18. Article 53 shall be amended to read as follows: article 53 Exception to patentability European patents shall not be granted in respect of: (a) an invention the commercial exploitation of which would be contrary to "ordre public" or morality, provided that such exploitation shall not be deemed to be so contrary merely because it is prohibited by law or regulation in some or all of the Contracting States; (b) plant or animal can essentially choose or biological processes for the production of plants or animals; This provision shall not apply to microbiological processes or the products thereof; (c) methods for treatment of the human or animal body by surgery or therapy and diagnostic methods practised on the human or animal body; This provision shall not apply to products, in particular substances or composition, for use in any of these methods. 19. Article 54 shall be amended to read as follows: article 54 Novelty An invention shall (1) be considered to be new if it does not form part of the State of the art. (2) the State of the art shall be held to the compris everything made available to the public by means of a written or oral description, by use , or in any other way, before the date of filing of the European patent application. (3) Additionally, the content of European patent applications as filed, of which the filing of the data prior to the date referred to in paragraph 2 and which were published on or after that date, shall be considered as comprised in the State of the art. (4) paragraphs 2 and 3 shall not exclude the patentability of any substance the composition or , comprised in the State of the art, for use in a method referred to in article 53 (c), provided that its use for any such method is not comprised in the State of the art. (5) paragraphs 2 and 3 shall also not exclude the patentability of any substance the composition referred to in or paragraph 4 for any specific use in any method referred to in article 53 (c), provided that such use is not comprised in the State of the art. 20. Article 60 shall be amended to read as follows: article 60 right to a European patent (1) the right to a European patent shall belong to the inventor or his successors in title. If the inventor is an employee, the right to a European patent shall be determined in accordanc with the law of the State in which the employee is mainly employed; If the State in which the employee is mainly employed cannot be determined, the law to be applied shall be that of the State in which the employer has his place of business to which the employee is attached. (2) If two or more persons have made an invention independently of each other, the right to a European patent shall belong to the person therefore whose European patent application has the earlies to date of filing, provided this first application has been published. (3) For the purpose of proceedings before the European Patent Office, the applicant shall be deemed to be entitled to exercise the right to a European patent. 21. Article 61 shall be amended to read as follows: article 61 European patent applications filed by non-entitled person (1) If it is adjudged by a final decision that a person other than the applicant is entitled to the grant of the European patent, that person may, in accordanc with the Implementing Regulations, (a) the prosecut European patent application as his own application in place of the applicant (b) file a new European patent application in respect of the same invention, or (c) request that the European patent application be refused. (2) article 76, paragraph 1, shall apply mutatis mutandis to a new European patent application filed under paragraph 1 (b). 22. Article 65 shall be amended to read as follows: article 65 Translation of the European patent (1) Any Contracting State may, if the European patent as granted, amended or limited by the European Patent Office is not drawn up in one of its official languages, prescrib that the proprietor 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 his option or, where that State has prescribed the use of one specific official language, in that language. The period for supplying the translation shall end three months after the date on which the mention of the grant, maintenance in amended form or limitations of the European patent is published in the European Patent Bulletin, unless the State concerned a longer period of prescrib. (2) Any Contracting State which has adopted the provision in paragraph 1 prescrib pursuan may that the proprietor of the patent must pay all or part of the costs of publication of such translation within a period let down by that State. (3) Any Contracting State may prescrib that in the event of failure to observe the provision was adopted in accordanc with paragraphs 1 and 2, the European patent shall be deemed to be void ab initio in that State. 23. Article 67 shall be amended to read as follows: article 67 rights conferred by a European patent application after publication (1) A European patent application shall, from the date of its publication, provisionally confer upon the applicant such protection as is conferred by article 64, in the Contracting States designated in the application. (2) Any Contracting State may prescrib that a European patent application shall not confer such protection as is conferred by article 64. However, the protection attached to the publication of the European patent application may not be less than that which the law of the State concerned attach to the compulsory publication of unexamined national tion of the patent application. In any event, every State shall ensur at least that, from the date of publication of a European patent application, the applicant can claim compensation reasonable in the from of any person circumstanc who has used the invention in the said State in where the person of circumstanc would be liabl under the national law for infringement of a national patent. (3) Any Contracting State which does not have as an official language the language of the proceedings may prescrib that provisional protection in accordanc with paragraphs 1 and 2 above shall not be effective until such time as a translation of the claims in one of its official languages at the option of the applicant or, where that State has prescribed the use of one specific official language , in that language: (a) has been made available to the public in the manner prescribed by national law, or (b) has been communicated to the person using the invention in the said State. (4) the European patent application shall be deemed never to have had the effects set out in paragraphs 1 and 2 above when it has been withdrawn, deemed to be withdrawn or finally refused. The same shall apply in respect of the effects of the European patent application in a Contracting State the designation of which is withdrawn or deemed to be withdrawn. 24. Article 68 shall be amended to read as follows: article 68 effect of revocation or limitations of the European patent the European patent application and the resulting patent shall be deemed not to have had, from the outse, the effects specified in articles 64 and 67, to the exten the that the patent has been revoked or limited in opposition or revocation proceedings, limitations. 25. Article 69 shall be amended to read as follows: article 69 Exten of protection (1) the exten of the protection conferred by a European patent or a European patent application shall be determined by the claims. Not vertheles, the description and drawings shall be used to the interpre claims. (2) For the period up to grant of the European patent, the exten of the protection conferred by the European patent application shall be determined by the claims in the application as published led. However, the European patent as granted or as amended in opposition or revocation proceedings shall, limitations of retroactively the protection conferred determin by the European patent application, in so far as such protection is not thereby extended. 26. Article 70 shall be amended to read as follows: article 70 Authentic text of a European patent application or European patent (1) the text of a European patent application or a European patent in the language of the proceedings shall be the authentic text in any proceedings before the European Patent Office and in any Contracting State. (2) If, however, the European patent application has been filed in a language which is not an official language of the European Patent Office, that text shall be the application as filed within the meaning of this Convention. (3) Any Contracting State may prescrib that a translation, as provided for in this Convention, in an official language of that State, shall in that State be regarded as authentic, except for revocation proceedings, in the event of the European patent application or European patent in the language of the translation conferring protection which is narrower than that conferred by it in the language of the proceedings. (4) Any Contracting State which adopts a provision under paragraph 3: (a) must allow the applicant for or proprietor of the patent to file a corrected translation of the European patent application or European patent. Such corrected translation shall not have any legal effect until any conditions established by the Contracting State under article 65, paragraph 2, and article 67, paragraph 3, have been complied with mutatis mutandis; (b) that any person prescrib Maya who, in that State, in good faith is using or has made effective and serious preparation for using an invention the use of which would not be an infringement of the constitut application or patent in the original translation may, after the corrected translation takes effect, continue such use in the course of his business or for the needs thereof without payment. 27. Article 75 shall be amended to read as follows: article 75 Filing of a European patent application (1) A European patent application may be filed: (a) at the European Patent Office, or (b) if the law of a Contracting State so permit, and subject to article 76, paragraph1, at the central industrial property office or other competent authority of that State. Any application filed in this way shall have the same effect as if it had been filed on the same date at the European Patent Office. (2) Paragraph 1 shall not preclud the application of legislative or regulatory provision for which, in any Contracting State: (a) an invention which govern, Owings to the nature of their subject-matter, may not be communicated abroad without the prior authorisation of the competent authorities to be of that State, or (b) that any application prescrib is to be filed initially with a national authority or make direct filing with another authority subject to prior authorisation. 28. Article 76 shall be amended to read as follows: article 76 European divisional applications (1) Any European divisional application shall be filed directly with the European Patent Office in accordanc with the Implementing Regulations. It may be filed only in respect of subject-matter which does not extend beyond the content of the earlier application as filed; in so far as this requirement is complied with, the divisional application shall be deemed to have been filed on the date of filing of the earlier application and shall enjoy any right of priority. (2) All the Contracting States designated in the earlier application at the time of filing of a European divisional application shall be deemed to be designated in the divisional application. 29. Article 77 shall be amended to read as follows: article 77 Forwarding of European patent applications (1) the central industrial property Office of a Contracting State shall forward to the European Patent Office any European patent application filed with it or any other competent authority in that State, in accordanc with the Implementing Regulations. (2) Any European patent application the subject of which has been made secret shall not be forwarded to the European Patent Office. (3) Any European patent application not forwarded to the European Patent Office in due time shall be deemed to be withdrawn. 30. Article 78 shall be amended to read as follows: article 78 requirements of a European patent application (1) A European patent application shall contain: (a) a request for the grant of a European patent; (b) a description of the invention; (c) one or more claims; (d) any drawings referred to in the description or the claims; (e) an abstract, and satisfy the conditions laid down in the Implementing Regulations. (2) A European patent application shall be subject to the payment of the filing fee and the search fee. If the filing fee or the search fee is not paid in due time, the application shall be deemed to be withdrawn. 31. Article 79 shall be amended to read as follows: article 79 Designation of Contracting States (1) All the Contracting States party to this Convention at the time of filing of a European patent application shall be deemed to be designated in the request for grant of a European patent. (2) the designation of a Contracting State may be subject 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 amended to read as follows: article 80 date of filing the date of filing of a European patent application shall be the date on which the requirements laid down in the Implementing Regulations are fulfilled. 33. Article 86 shall be amended to read as follows: article 86 Renewal fees for a European patent application (1) Renewal fees for a European patent application shall be paid to the European Patent Office in accordanc with the Implementing Regulations. These fees shall be due in respect of the third year and each subsequent year, calculated from the date of filing of the application. If a renewal fee is not paid in due time, the application shall be deemed to be withdrawn. (2) the obligation to pay renewal fees shall terminate with the payment of the renewal fee due in respect of the year in which the mention of the grant of the European patent is published. 34. Article 87 shall be amended to read as follows: article 87 Priority right (1) Any person who has duly filed in or for (a) any State party to the Paris Convention for the Protection of Industrial Property or (b) any Member of the World Trade Organization, an application for a patent, a utility model or a utility certificate, or his successors in title , shall enjoy, for the purpose of filing a European patent application in respect of the same invention, a right of priority during a period of twelve months from the date of filing of the first application. (2) Every filing that is equivalent to a regular national filing under the national law of the State where it was made or under bilateral or multilaterals, including agreements this Convention, shall be recognised as giving rise to a right of priority. (3) By a regular national filing means any filing that the ISA is sufficient to establish the date on which the application was filed, whatever may be the outcome of the application. (4) A subsequent application for the same subject-matter as a previous first application and filed in or in respect of the same State shall be considered as the first application for the purpose of determining priority, provided that, at the date of filing the subsequent application, the previous application has been withdrawn, abandoned or refused, without being open to public inspection and without leaving any rights outstanding , and has not served as a basis for claiming a right of priority. The previous application may not thereafter serve as a basis for claiming a right of priority. (5) If the first filing has been made with an industrial property authority which is not subject to the Paris Convention for the Protection of Industrial Property or to the Agreement Establishing the World Trade Organization, paragraphs 1 to 4 shall apply if that authority, according to a communication issued by the President of the European Patent Office, that of a first recognis filing made at the European Patent Office give the rise to a right of priority under conditions and with effects equivalent to those let go down in the Paris Convention. 35. Article 88 shall be amended to read as follows: article 88 Claiming priority (1) An applicant (menu rngton Line4) to take advantage of the priority of a previous application shall file a declaration of priority and any other document required, in accordanc with the Implementing Regulations. (2) multiple allocation in may be claimed in respect of a European patent application, notwithstanding the fact that they originated in different countries. Where appropriate, multiple allocation may be claimed for any to one claim. Where multiple allocation with a claimed time limit, which run from the date of priority shall run from the date of priority earlies. (3) If one or more allocation with respect of the claimed in a European patent application, the right of priority shall cover only those elements of the European patent application which are included 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, priority may be granted, provided nonetheles that the documents of the previous application as a whole specifically disclos is such element. 36. Article 90 shall be amended to read as follows: article 90 Examination on filing and the examination as to formal requirements (1) the European Patent Office shall, in accordanc with examin the Implementing Regulations, the application to satisf whethers the requirements for the data of accordanc of a filing. (2) If a date of filing cannot be accorded following the examination under paragraph 1, the application shall not be deal with as a European patent application. (3) If the European patent application has been accorded a date of filing, the European Patent Office shall, in accordanc with examin the Implementing Regulations, whethers the requirements in articles 14, 78 and 81, and, where applicable, articles 88, paragraph 1, and 133, paragraph 2, as well as any other requirement passed down in the Implementing Regulations, have been satisfied. (4) where the European Patent Office in carrying out the examination under paragraphs 1 or 3 notes that there may be corrected, in which deficienc it shall give the applicant an opportunity to correct them. (5) If any deficiency noted in the examination under paragraph3 is not corrected, the European patent application shall be refused. Where the deficiency concerns the right of priority, this right shall be lost for the application. 37. Article 91 shall be deleted. 38. Article 92 shall be amended to read as follows: article 92 Drawing up the European search report the European Patent Office shall, in accordanc with the Implementing Regulations, draw up and publish a European search report in respect of the European patent application on the basis of the claims, with due regard to the description and any drawings. 39. Article 93 shall be amended to read as follows: article 93 Publications of the European patent application (1) the European Patent Office shall publish the European patent application as soon as possible (a) after the expiry of a period of eighteen months from the date of filing or, if priority has been claimed, from the date of priority, or (b) at the request of the applicant , before the expiry of that period. (2) the European patent application shall be published at the same time as the specification of the European patent when the decision to grant the patent become effective for before the expiry of the period referred to in paragraph1 (a). 40. Article 94 shall be amended to read as follows: article 94 Examination of the European patent application (1) the European Patent Office shall, in accordanc with the Implementing Regulations, examin on request whethers the European patent application and the invention to which it relate-meet the requirements of this Convention. The request shall not be deemed to be filed until after the examination fee has been paid. (2) If from the request for examination has been made in due time, the application shall be deemed to be withdrawn. (3) If the examination reveals that the application or the invention to which it relate's does not meet the requirements of this Convention, the Examining Division shall invite the applicant, as often as not, to file his observations cessary and, subject to paragraph 1, the Article123, amend the application. (4) If the applicant files the reply in due time to any communications from the Examining Division, the application shall be deemed to be withdrawn. 41. Articles 95 and 96 shall be deleted. 42. Article 97 shall be amended to read as follows: article 97 grant or refusal (2) If the Examining Division is of the opinion that the European patent application and the invention to which it relate-meet the requirements of this Convention, it shall decide to grant a European patent, provided that the conditions laid down in the Implementing Regulations are fulfilled. (2) If the Examining Division is of the opinion that the European patent application or the invention to which it relate's does not meet the requirements of this Convention, it shall refus the application unless a different sanction is provided for by this Convention. (3) the decision to grant a European patent shall take effect on the date on which the mention of the grant is published in the European Patent Bulletin. 43. Article 98 shall be amended to read as follows: article 98 Publication of the specification of the European patent the European Patent Office shall publish the specification of the European patent as soon as possible after the mention of the grant of the European patent has been published in the European Patent Bulletin. 44. The title of part V shall be amended to read as follows: part V OPPOSITION AND LIMITATIONS procedure 45. Article 99 shall be amended to read as follows: article 99 Opposition (1) Within nine months of the publication of the mention of the grant of the European patent in the European Patent Bulletin, any person may give notice to the European Patent Office of opposition to that patent , in accordanc with the Implementing Regulations. Notice of opposition shall not be deemed to have been filed until after the opposition fee has been paid. (2) the opposition shall apply to the European patent in all the Contracting States in which that patent has effect. (3) the Opponent shall be parties to the opposition proceedings as well as the proprietor of the patent. (4) where a person provides evidence that in a Contracting State, following a final decision, he has been entered in the patent register of such State instead of the previous proprietor, such person shall, at his request, replace the previous proprietor in respect of such State. By derogation from article 118, the previous proprietor and the person making the request shall not be deemed to be joint proprietor unless both of you so request. 46. Article 101 shall be amended to read as follows: article 101 Examination of the opposition, Revocation or maintenance of the European patent (1) If the opposition is admissibl, the Opposition Division shall, in accordanc with examin the Implementing Regulations, whethers at least one ground for opposition under Article100 prejudice the maintenance of the European patent. During this examination, the Opposition Division shall invite the parties, as often as not, the cessary file observations on communications from another party or issued by itself. (2) If the Opposition Division is of the opinion that at least one ground for opposition prejudice the maintenance of the European patent, it shall revoke the patent. Otherwise, it shall be the rejec opposition. (3) If the Opposition Division is of the opinion that, taking into considerations the amendments made by the proprietor of the patent during the opposition proceedings, the patent and the invention to which it relate (a) meet the requirements of this Convention, it shall decide to maintain the patent as amended, provided that the conditions laid down in the Implementing Regulations are fulfilled; (b) do not meet the requirements of this Convention, it shall revoke the patent. 47. Article 102 shall be deleted. 48. Article 103 shall be amended to read as follows: article 103 Publication of a new specification of the European patent If a European patent is maintained as amended under article 101, paragraph3 (a), the European Patent Office shall publish a new specification of the European patent as soon as possible after the mention of the opposition decision has been published in the European Patent Bulletin. 49. Article 104 shall be amended to read as follows: article 104 Costa (1) Each party to the opposition proceedings shall bear the costs it has incurred, unless the Opposition Division, for reasons of equity, orders, in accordanc with the Implementing Regulations, a different apportionmen of Costa. (2) the procedure for fixing costs shall be put down in the Implementing Regulations. (3) Any final decision of the European Patent Office fixing the amount of costs shall be deal with, for the purpose of enforcement in the Contracting States, in the same way as a final decision given by a civil court of the State in the territory of which enforcement is to be carried out. Verification of such decision shall be limited to its authenticity. 50. Article 105 shall be amended to read as follows: article 105 Intervention of the assumed infringer (1) Any third party may, in accordanc with the Implementing Regulations, in opposition proceedings interven after the opposition period has expired, if the third party in the process of that (a) proceedings for infringement of the same patent have been instituted against him, or (b) following a request of the proprietor of the patent to the alleged infringement of a cease , the third party has instituted proceedings for a ruling that he is not infringing the patent. (2) An intervention shall be treated admissibl as an opposition. 51. The following new articles 105, 105b and 105c shall be inserted after article 105 of Article105: request for limitations or revocation (1) At the request of the proprietor, the European patent may be revoked or be limited by an amendment of the claims. The request shall be filed with the European Patent Office in accordanc with the Implementing Regulations. It shall not be deemed to have been filed until after the limitations or revocation fee has been paid. (2) the request may not be filed while opposition proceedings in respect of the European patent are pending. Article 105b Limitations or revocation of the European patent (1) the European Patent Office shall examin the whethers the requirements put down in the Implementing Regulations for limiting or revoking the European patent have been met. (2) If the European Patent Office consider that the request for revocation of the limitations or European patent meets these requirements, it shall decide to limit or revoke the European patent in accordanc with the Implementing Regulations. Otherwise, it shall request the rejec. (3) the decision to limit or revoke the European patent shall apply to the European patent in all the Contracting States in respect of which it has been granted. It shall take effect on the date on which the European Patent Bulletin mentions the decision. Article 105c Publication of the amended specification of the European patent If the European patent is limited under article 105b, paragraph 2, the European Patent Office shall publish the amended specification of the European patent as soon as possible after the mention of the limitations has been published in the European Patent Bulletin. 52. Article 106 shall be amended to read as follows: article 106 of the Decision subject to appeal (1) An appeal shall lie from the decision of the Receiving Section, the Examining Division, the Opposition Division and the Legal Division. It shall have a suspensiv effect. (2) A decision which does not terminate proceedings as regards one of the parties can only be appealed together with the final decision, unless the decision allows separate appeal. (3) the right to file an appeal against a decision relating to the apportionmen or fixing of costs in opposition proceedings may be restricted in the Implementing Regulations. 53. Article 108 shall be amended to read as follows: article 108 time limit and form of appeal notice of appeal shall be filed, in accordanc with the Implementing Regulations, at the European Patent Office within two months of notification of the decision. Notice of appeal shall not be deemed to have been filed until after the fee for appeal has been paid. Within four months of notification of the decision, (a) a statement setting out the grounds of appeal shall be filed in accordanc with the Implementing Regulations. 54. Article 110 shall be amended to read as follows: article 110 Examination of appeal If the appeal is admissibl, the Board of Appeal shall examin the whethers the appeal is allowabl. The examination of the appeal shall be conducted in accordanc with the Implementing Regulations. 55. The following new article 112 shall be inserted after article of 112: article 112 of the Petition for review by the Enlarged Board of Appeal (1) Any party to appeal proceedings adversely affected by the decision of the Board of Appeal may file a petition for review of the decision by the Enlarged Board of Appeal. (2) the petition may only be filed on the grounds that: (a) a member of the Board of Appeal took on a in the decision in breach of Article24, paragraph1, or despite being excluded pursuan to a decision under Article24, paragraph4; (b) the Board of Appeal included (a) a person appointed as a member not of the boards of Appeal; (c) a violation of Article113 the fundamentals occurred; (d) any other fundamental procedural defect defined in the Implementing Regulations occurred in the appeal proceedings; or (e) a criminal act established under the conditions laid down in the Implementing Regulations may have had an impact on the decision. (3) the petition for review shall not have a suspensiv effect. (4) the petition for review shall be filed in a reasoned statement, in accordanc with the Implementing Regulations. If based on paragraph 2 (a) to (d), the petition shall be filed within two months of notification of the decision of the Board of Appeal. If based on paragraph 2 (e), the petition shall be filed within two months of the date on which the criminal act has been established and in any event not later than five years from notification of the decision of the Board of Appeal. The petition shall not be deemed to have been filed until after the prescribed fee has been paid. (5) the Enlarged Board of Appeal shall examin the petition for review in accordanc with the Implementing Regulations. If the petition is allowabl, the Enlarged Board of Appeal shall set aside the decision under review and shall re-open proceedings before the boards of Appeal in accordanc with the Implementing Regulations. (6) Any person who, in a designated Contracting State, has in good faith used or made effective and serious preparation for using an invention which is the subject of a published European patent application or a European patent in the period between the decision of the Board of Appeal under review and publication of the mention of the decision of the Enlarged Board of Appeal on the petition , may without payment continue such use in the course of his business or for the needs thereof. 56. Article 115 shall be amended to read as follows: Article115 observations by third parties In proceedings before the European Patent Office, following the publication of the European patent application, any third party may, in accordanc with the Implementing Regulations, the present observations concerning the patentability of the invention to which the application or patent relate. That person shall not be a party to the proceedings. 57. Article 117 shall be amended to read as follows: article 117 means and taking of evidence (1) In proceedings before the European Patent Office the means of giving or obtaining evidence shall include the following: (a) hearing the parties; (b) requests for information; (c) the production of documents; (d) hearing of the witness; (e) opinions by experts; (f) inspection; (g) sworn statements in writing. (2) the procedure for taking such evidence shall be put down in the Implementing Regulations. 58. Article 119 shall be amended to read as follows: Article119 Notification Decision, summons, notices and communications shall be notified by the European Patent Office of its own motion in accordanc with the Implementing Regulations. Notifications may, where exceptional circumstanc's so require, be effected through the intermediary of the central industrial property offices of the Contracting States. 59. Article 120 shall be amended to read as follows: article 120 time limits the Implementing Regulations shall specify: (a) the time limit in which to be observed in the proceedings before the European Patent Office and are not fixed by this Convention; (b) the manner of computation of time limits and the conditions under which a time limit may be extended; (c) the minimum and maximum for the time limit to be determined by the European Patent Office. 60. Article 121 shall be amended to read as follows: article 121 Further processing of the European patent application (1) If an applicant files to observe a time limit vis-à-vis the European Patent Office, he may request further processing of the European patent application. (2) the European Patent Office shall grant the request, provided that the requirements laid down in the Implementing Regulations are met. Otherwise, it shall request the rejec. (3) If the request is granted, the legal consequences of the failure to observe the time limit shall be deemed not to have ensued. (4) Further processing shall be ruled out in respect of the time limit in paragraph 1, Article108 and Article87, Article112, paragraph 4, as well as the time limit for requesting further processing or re-establishment of rights. The Implementing Regulations may rule out further processing for other time limits. 61. Article 122 shall be amended to read as follows: article 122 Re-establishment of rights (1) An applicant for or proprietor of a European patent who, in spits of all due care required by the having been taken, was of circumstanc unable to observe a time limit vis-à-vis the European Patent Office shall, upon request, have his rights re-established if the non-observanc of this time limit has the direct consequences of causing the refusal of the European patent application , or of a request, or the deeming of the European patent application to have been withdrawn, or the revocation of the European patent, or the loss of any other right or means of redres. (2) the European Patent Office shall grant the request, provided that the conditions of paragraph 1 and any other requirements laid down in the Implementing Regulations are met. Otherwise, it shall request the rejec. (3) If the request is granted, the legal consequences of the failure to observe the time limit shall be deemed not to have ensued. (4) Re-establishment of rights shall be ruled out in respect of the time limit for requesting the re-establishment of rights. The Implementing Regulations may rule out re-establishment for other time limits. (5) Any person who, in a designated Contracting State, has in good faith used or made effective and serious preparation for using an invention which is the subject of a published European patent application or a European patent in the period between the loss of rights referred to in paragraph 1 and publication of the mention of the re-establishment of those rights , may without payment continue such use in the course of his business or for the needs thereof. (6) Nothing in this article shall limit the right of a Contracting State to grant to the re-establishment of rights in respect of time limits provided for in this Convention and to be observed vis-à-vis the authorities of such State. 62. Article 123 shall be amended to read as follows: Article123 Amendments (1) A European patent application or European patent may be amended in proceedings before the European Patent Office, in accordanc with the Implementing Regulations. In any case, the applicant shall be given at least one opportunity of amending the application of his own volition. (2) A European patent application or European patent may not be amended in such a way that it contains subject-matter which extend for beyond the content of the application as filed. (3) A European patent may not be amended in such a way as to extend the protection it will confer. 63. Article 124 shall be amended to read as follows: Article124 Information on prior art (1) the European Patent Office may, in accordanc with the Implementing Regulations, invite the applicant to provide information on prior art taken into considerations in national or regional patent proceedings and concerning an invention to which the European patent application relate. (2) If the applicant files the reply in due time to an invitation under paragraph 1, the European patent application shall be deemed to be withdrawn. 64. Article 126 shall be deleted. 65. Article 127 shall be amended to read as follows: article 127 European Patent Register the European Patent Office shall keep a Register in which the European patent, the particular is specified in the Implementing Regulations shall be recorded. Of the entry shall be made in the European Patent Register prior to the publication of the European patent application. The European Patent Register shall be open to public inspection. 66. Article 128 shall be amended to read as follows: Article128 Inspection of files (1) the files relating to European patent applications which have not yet been published shall not be made available for inspection without the consent of the applicant. (2) Any person who can process that the applicant has invoked the rights under the European patent application against him may obtain inspection of the files prior to the publication of that application and without the consent of the applicant. (3) where a European divisional application or a new European patent application filed under article 61, paragraph 1, any person may obtain the is published, inspection of the files of the earlier application prior to the publication of that application and without the consent of the applicant. (4) subsequent to the publication of the European patent application, the files relating to the applications and the resulting European patent may be inspected on request, subject to the restriction laid down in the Implementing Regulations. (5) Even prior to the publication of the European patent application, the European Patent Office may communicate it to third parties or publish the particular is specified in the Implementing Regulations. 67. Article 129 shall be amended to read as follows: Article129 Periodical publications the European Patent Office shall periodically publish: (a) a European Patent Bulletin containing the particular of the publication of which is prescribed by this Convention, the Implementing Regulations or the President of the European Patent Office; (b) an Official Journal containing notices and information of a general character issued by the President of the European Patent Office, as well as any other information relevant to this Convention or its implementation. 68. Article 130 shall be amended to read as follows: Exchange of information Article130 (1) Unless otherwise provided for in this Convention or in national laws, the European Patent Office and the central industrial property Office of any Contracting State shall, on request, communicate to each other any useful information regarding European or national patent applications and patents and any proceedings concerning them. (2) shall apply Paragraph1 to the communications of information by virtue of working agreements between the European Patent Office and (a) the central industrial property offices of other States; (b) any intergovernmental organisation entrusted with the task of granting patents; (c) any other organisation. (3) the communications under paragraphs1 and 2 (a) and (b) shall not be subject to the restriction laid down in article 128. The Administrative Council may decide that communications under paragraph2 shall not be (c) subject to such restriction, provided that the organisation concerned treats the information communicated as confidential until the European patent application has been published. 69. Article 133 shall be amended to read as follows: article 133 General principles of representation (1) subject to paragraph 2, no person shall be compelled to be represented by a professional representative in proceedings established by this Convention. (2) Natural or legal persons not having their residence or principal place of business in a Contracting State shall be represented by a professional representative and act through him in all proceedings established by this Convention, other than in filing a European patent application; the Implementing Regulations may permit others exception. (3) Natural or legal persons having their residence or principal place of business in a Contracting State may be represented in proceedings established by this Convention by an employee, who need not be a professional representative but who shall be authorised in accordanc with the Implementing Regulations. The Implementing Regulations may provide whethers and under what conditions an employee of such a legal person may also be other legal persons which represen have their principal place of business in a Contracting State and which have economic connections with the first legal person. (4) the Implementing Regulations may in special provision prescrib concerning the common representation of parties acting in common. 70. Article 134 shall be amended to read as follows: article 134 Representation before the European Patent Office (1) the Representation of natural or legal persons in proceedings established by this Convention may only be undertaken by professional representatives whose names appear on a list maintained for this purpose by the European Patent Office. (2) Any natural person who (a) is a national of a Contracting State, (b) has his place of business or employment in a Contracting State and (c) has passed the European qualifying examination may be entered on the list of professional representatives. (3) During a period of one year from the date on which the accession of a State to this Convention takes effect, entry on that list may also be requested by any natural person who (a) is a national of a Contracting State, (b) has his place of business or employment in the State having acceded to the Convention and (c) is entitled to a legal person or represen natural in patent matters before the central industrial property Office of that State. Where such entitlement is not conditional upon the requirement of special professional qualifications, the person shall have regularly so acted in that State for at least five years. Entry shall be effected (4) upon request, accompanied by certificates which shall indicates that the condition laid down in paragraph 2 or 3 are fulfilled. (5) the persons whose names appear on the list of professional representatives shall be entitled to act in all proceedings established by this Convention. (6) For the purpose of acting as a professional representative, any person whose name appear on the list referred to in paragraph 1 shall be entitled to establish a place of business in any Contracting State in which proceedings established by this Convention may be conducted, having regard to the Protocol on Centralisation annexed to this Convention. The authorities of such State may remove that entitlement in individual cases only in the application of the legal provision is adopted for the purpose of protecting public security and law and order. Before such action is taken, the President of the European Patent Office shall be consulted. (7) the President of the European Patent Office may grant exemption from: (a) the requirement of paragraph 2 (a) or 3 (a) in special circumstanc; (b) the requirement of paragraph 3 (c), second line, if the applicant furnish the proof that he has acquired the qualification of the requisit in another way. (8) Representation in proceedings established by this Convention may also be undertaken, in the same way as by a professional representative, by any legal practitioner qualified in a Contracting State and having his place of business in that State, to the exten that he is entitled to in that State to act as a professional representative in patent matters. Paragraph 6 shall apply mutatis mutandis. 71. The following new article 134a shall be inserted after article 134: article 134a Institute of Professional representatives before the European Patent Office (1) the Administrative Council shall be competent to amend the provision in each adop and: (a) the Institute of Professional representatives before the European Patent Office, hereinafter referred to as the Institute; (b) the qualifications and training required of a person for admission to the European qualifying examination and the conduct of such examination; (c) any disciplinary power exercised by the Institute or the European Patent Office in respect of professional representatives; (d) the obligation of confidentiality on the professional representative and the privilege from disclosure in proceedings before the European Patent Office in respect of communications between a professional representative and his client or any other person. (2) Any person entered on the list of professional representatives referred to in article 134, paragraph 1, shall be a member of the Institute. 72. Article 135 shall be amended to read as follows: article 135 request for the application of national procedure (1) the central industrial property Office of a designated Contracting State shall, at the request of the applicant for or proprietor of a European patent, apply the procedure for the grant of a national patent in the following: (a) circumstanc when the European patent application is deemed to be withdrawn pursuan to Article77 , paragraph 3; (b) in such other cases as provided by the Office for the national law in which the European patent application is refused or withdrawn or deemed to be withdrawn, or the European patent is revoked under this Convention. (2) In the case referred to in paragraph1 (a), the request for conversion shall be filed with the central industrial property office with which the European patent application has been filed. That Office shall, subject to the provision of national security, transmit the request directly to the central industrial property offices of the Contracting States specified therein. (3) In the cases referred to in paragraph 1 (b), the request for conversion shall be submitted to the European Patent Office in accordanc with the Implementing Regulations. It shall not be deemed to be filed until after the conversion fee has been paid. The European Patent Office shall transmit the request to the central industrial property offices of the Contracting States specified therein. (4) the effect of the European patent application referred to in article 66 shall lapse if the request for conversion is not submitted in due time. 73. Article 136 shall be deleted. 74. Article 137 shall be amended to read as follows: article 137 Formal requirements for conversion (1) A European patent application transmitted in accordanc with Article135, paragraph 2 or 3, shall not be subjected to formal requirements of national law which are different from or additional to those provided for in this Convention. (2) Any central industrial property office to which the application is transmitted may require that the applicant shall, within not less than two months: (a) pay the national application fee; (b) file a translation of the original text of the European patent application in one of the official languages of the State in question and, where appropriate, of the text, as amended during proceedings before the European Patent Office which the applicant wishes to submit to the national procedure. 75. Article 138 shall be amended to read as follows: article 138 Revocation of European patent (1) subject to article 139, a European patent may be revoked with effect for a Contracting State only on the grounds that: (a) the subject-matter of the European Patent Office under Articles52 it is not patentabl 57; (b) the European patent does not disclos the invention in a manner sufficiently clear and complete for it to be carried out by a person skilled in the art; (c) the subject-matter of the European patent to extend beyond the content of the application as filed or, if the patent was granted on a divisional application or on a new application filed under article 61, 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 is not entitled under article 60, paragraph1. (2) If the grounds for revocation be affec the European patent only in part, the patent shall be limited by a òàæó amendment of the claims and revoked in part. (3) In proceedings before the competent court or authority relating to the validity of the European patent, the proprietor of the patent shall have the right to limit the patent by amending the claims. The axis of the limited patent shall form the basis for the proceedings. 76. Article 140 shall be amended to read as follows: article 140 National utility models and utility certificates articles 66, 124, 135, 137 and 139 shall apply to utility models and utility certificates and to applications for utility models and utility certificates registered or deposited in the Contracting States whose laws make provision for such models or certificates. 77. Article 141 shall be amended to read as follows: article 141 Renewal fees for a European patent (1) the Renewal fees for a European patent may only be imposed for the years which follow that referred to in article 86, paragraph 2 (2) Any renewal fees falling due within two months of the publication of the mention of the grant of the European patent shall be deemed to have been validly paid if they are paid within that period. Any additional fee provided for under national law shall not be charged. 78. The following new article 149 shall be inserted after article of 149: article 149 the Other agreements between the Contracting States (1) Nothing in this Convention shall be construed as limiting the right of some or all of the Contracting States to conclud special agreements on any matters concerning European patent applications or European patents under this Convention which are subject to and governed by the national law , such as, in particular, (a) an agreement establishing a European Patent Court common to the Contracting States party to it; (b) an agreement establishing an entity common to the Contracting States party to it to deliver, at the request of national courts or judicial authorities, why-opinion on issues of European or harmonised national patent law; (c) an agreement under which the Contracting States party to it is fully or in part dispens with translations of European patent under article 65; (d) an agreement under which the Contracting States party to it provide that the translation of European patents as required under article 65 may be filed with, and published by, the European Patent Office. (2) the Administrative Council shall be competent to decide that: (a) the members of the boards of Appeal or of the Enlarged Board of Appeal may serve on a European Patent Court or a common entity and take part in the proceedings before that court or entity in accordanc with any such agreement; (b) the European Patent Office shall provide (a) a common entity with such support staff, premises and equipment as may be not cessary for the performance of its duties, and the expense incurred by the entity that shall be borne fully or in part by the Organisation. 79. On the X of the Convention shall be amended to read as follows: for the X INTERNATIONAL applications UNDER the PATENT COOPERATION TREATY-the Euro-PCT applications article 150 Application of the Patent Cooperation Treaty (1), the Patent Cooperation Treaty of 19 June 1970, hereinafter referred to as the PCT shall be applied in accordanc with the provision of this part. (2) International applications filed under the PCT may be the subject of proceedings before the European Patent Office. In such proceedings, the provision of the PCT and its regulations shall be applied, supplemented by the provision of this Convention. In case of conflict, the provision of the PCT or its regulations shall prevails. Article 151 the European Patent Office as a receiving Office the European Patent Office shall act as a receiving Office within the meaning of the PCT, in accordanc with the Implementing Regulations. Article75, paragraph 2, shall apply mutatis mutandis. Article 152 the European Patent Office as an International Searching Authority or International Preliminary Examining Authority the European Patent Office shall act as an International Searching Authority and International Preliminary Examining Authority within the meaning of the PCT, in accordanc with an agreement between the Organisation and the International Bureau of the World Intellectual Property Organization, for applicants who are residents or nationals of a Contracting State to this Convention. This agreement may provide that the European Patent Office shall also act forother applicants. Article 153 the European Patent Office as designated Office or elected Office (1) the European Patent Office shall be (a) a designated Office for any Contracting State to this Convention in respect of 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) an elected Office , if the applicant has elected a State designated pursuan to (a). (2) An international application for which the European Patent Office is a designated or elected Office, and which has been accorded an international filing date, shall be of equivalent to a regular European applications (Euro-PCT applications). (3) the international publication of a Euro-PCT application in one of the official languages of the European Patent Office shall take the place of the publication of the European patent application and shall be 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 shall be filed with the European Patent Office, which shall publish it. Subject to article 67, paragraph 3, the provisional protection under article 67, paragraphs 1 and 2, shall be effective from the date of that publication. (5) the Euro-PCT application shall be treated as a European patent application and shall be considered as comprised in the State of the art under article 54, paragraph 3, if the condition laid down in paragraph 3 or 4 and in the Implementing Regulations are fulfilled. (6) the international search report drawn up in respect of a Euro-PCT application or the declaration replacing it, and their international publication shall take the place of the European search report and the mention of its publication in the European Patent Bulletin. (7) A supplementary European search report shall be drawn up in respect of any Euro-PCT applications under paragraph5. The Administrative Council may decide that the supplementary search report is to be dispensed with or that the search fee is to be reduced. 80. Articles 154, 155, 156, 157, 158, 159, 160, 161, 162 and 163 shall be deleted. 81. Article 164 shall be amended to read as follows: article 164 Implementing Regulations and Protocol (1) the Implementing Regulations, the Protocol on Recognition, the Protocol on Privileges and to the Immunit Protocol on Centralisation, the Protocol on the Interpretation of article 69 and the Protocol on the Staff shall be integral to Complemen parts of this Convention. (2) In the case of conflict between the provision of this Convention and those of the Implementing Regulations, the provision of this Convention shall prevails. 82. Article 167 shall be deleted. Article 2 of PROTOCOL 1. The Protocol on the Interpretation of article 69 EPC shall be amended to read as follows: PROTOCOL ON the INTERPRETATION OF article 69 article 1 General principles article 69 should not be interpreted in the sense that the exten of the protection conferred by a European patent is to be understood as that defined by the strict, literal meaning of the wording used in the claims , the description and drawings being employed only for the purpose of resolving an ambiguity found in the claims. Not should it be ither interpreted in the sense that the claims serve only as a guideline and that the actual protection conferred may extend to what, from a considerations of the description and drawings by a person skilled in the art, the patente has contemplated. On the contrary, it is to be interpreted as defining a position between these extremes which combines a fair protection for the patente with a reasonable degree of certainty for third parties. Article 2 the Equivalent For the purpose of determining the protection conferred by the exten of a European patent, due account shall be taken of any element which is equivalent to an element specified in the claims. 2. The following Protocol shall be annexed to the European Patent Convention as an integral part thereof: PROTOCOL ON the STAFF OF the COMPLEMEN EUROPEAN Patent Office AT the Hague (PROTOCOL ON the STAFF to COMPLEMEN) the European Patent Organisation shall ensur that the proportion of European Patent Office posts assigned to the duty station at the Hague as defined under the 2000 establishment plan and table of posts remains substantially unchanged. Any change in the number of posts assigned to the duty station at the Hague resulting in a deviation of more than ten per cent of that proportion, which the cessary for the prov not the proper functioning of the European Patent Office, shall be subject to a decision by the Administrative Council of the Organisation on a proposal from 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 I of the Protocol on Centralisation shall be amended to read as follows: PROTOCOL ON the CENTRALISATION OF the EUROPEAN patent system AND ON its INTRODUCTION (PROTOCOL ON CENTRALISATION) Section I (1) (a) Upon entry into force of the Convention, States parties shall theret which are also members of the International Patent Institute set up by the Hague Agreement of 6 June 1947 shall take all steps to ensur cessary not the transfer to the European Patent Office from later than the date referred to in article 162, paragraph 1, of the Convention, of all assets and liabilit and all staff members of the International Patent Institute. Such transfer shall be effected by an agreement between the International Patent Institute and the European Patent Organisation. The above States and the other States parties to the Convention shall take all steps to ensur cessary not that that agreement shall be implemented from later than the date referred to in article 162, paragraph 1, of the Convention. Upon implementation of the agreement, those Member States of the International Patent Institute which are also parties to the Convention further to terminate their participation undertak in the Hague Agreement. (b) the States parties to the Convention shall take all steps to ensur cessary not that all the assets and liabilit and all the staff members of the International Patent Institute with taken into the European Patent Office in accordanc with the agreement referred to in sub‑paragraph (a). After the implementation of that agreement the tasks to the International incumben upon patent Institute at the date on which the Convention is opened for signature, and in particular those carried out by Member States at ‑à‑v, whethers it or not they become parties to the Convention, and such tasks as it has undertaken at the time of the entry into force of the Convention to carry out the ‑à‑v the States which at that date, are both members of the International Patent Institute and parties to the Convention, shall be assumed by the European Patent Office. In addition, the Administrative Council of the European Patent Organisation may allocate further duties in the field of searching it in the European Patent Office. (c) the above obligation shall be also apply mutatis mutandis to the sub‑offic set up under the Hague Agreement under the conditions set out in the agreement between the International Patent Institute and the Government of the Contracting State concerned. This Government hereby undertak-to make a new agreement with the European Patent Organisation in place of the one already made with the International Patent Institute to the services of harmonis concerning the organisation, operation and financing of the sub‑offic with the provision of this Protocol. (2) subject to the provision of Section III, the States parties to the Convention shall, on behalf of their central industrial property office, in favour of the renounc European Patent Office any activities as International Searching authorities under the Patent Cooperation Treaty as from the date referred to in article 162, paragraph1, of the Convention. (3) (a) (A) sub‑offic of the European Patent Office shall be set up in Berlin as from the date referred to in article 162, paragraph 1, of the Convention. It shall operate under the direction of of the branch at the Hague. (b) the Administrative Council shall determin the duties to be allocated to the sub‑offic in Berlin in the light of general considerations and of the requirements of the European Patent Office. (c) At least at the beginning of the period following the progressive expansion of the field of activity of the European Patent Office, the amount of work assigned to the Office shall be sufficient to sub‑offic you to enable the examining staff of the Berlin Annex of the German Patent Office, as it stands at the date on which the Convention is opened for signature , to be fully employed. (d) the Federal Republic of Germany shall bear any additional costs incurred by the European Patent Organisation in setting up and maintaining the sub‑offic in Berlin. Article 3 the NEW text OF the CONVENTION (1) the Administrative Council of the European Patent Organisation is hereby authorised to draw up, at the proposal of the President of the European Patent Office, a new text of the European Patent Convention. In the new text, the wording of the provision of the Convention shall be aligned, where cessary, not in the three official languages. The provision of the Convention may also be renumbered consecutively and the reference to the other provision of the Convention may be amended in accordanc with the new numbering. (2) the Administrative Council shall adop a the new text of the Convention by a majority of three quarters of the Contracting States represented and voting. On it adoption, the new text of the Convention shall become an integral part of this Revision Act. Article 4 signature AND RATIFICATION (1) this Revision Act shall be open for signature by the Contracting States at the European Patent Office in Munich until 1September2001. (2) this Revision Act shall be subject to ratification; instruments of ratification shall be deposited with the Government of the Federal Republic of Germany. Article 5 ACCESSION (1) this Revision Act shall be open, until its entry into force, the accession by the Contracting States to the Convention and the States which ratify.â the Convention or accede theret. (2) the Instrument of accession shall be deposited with the Government of the Federal Republic of Germany. Article 6 PROVISIONAL APPLICATION article 1, items 4-6 and 12-15, article 2, items 2 and 3 and articles 3 and 7 of this Revision Act shall be applied provisionally. Article 7 TRANSITIONAL PROVISION (1) the revised version of the Convention shall apply to all European patent applications filed after its entry into force, as well as to all patents granted in respect of such applications. It shall not apply to European patents already granted at the time of its entry into force, or the European patent applications pending at that time, unless otherwise decided by the Administrative Council of the European Patent Organisation of the. (2) the Administrative Council of the European Patent Organisation shall take a decision under paragraph1 of later than 30 June 2001, by a majority of three quarters of the Contracting States represented and voting. Such decision shall become an integral part of this Revision Act. Article 8 ENTRY into force (1) the revised text of the European Patent Convention shall enter into force two years after the fifteenth Contracting State has deposited its instrument of ratification or accession, or on the first day of the third month following the deposit of the instrument of ratification or accession by the Contracting State taking this step as the last of all the Contracting States , if this takes place earlier. (2) Upon entry into force of the revised text of the Convention, the text valid until that time shall cease to apply. Article 9 TRANSMISSION AND notifications (1) the Government of the Federal Republic of Germany shall draw up certified true cop to Revision of this Act and shall transmit them to the Governments of the Contracting States and of the States able to accede to the European Patent Convention under article 166, paragraph 1 (2) the Government of the Federal Republic of Germany shall notify the Governments referred to in paragraph 1 concerning the : (a) the deposit of any instrument of ratification or accession; (b) the date of entry into force of this Revision Act. In WITNESS WHEREOF, the Plenipotentiar, having presented an theret to their Full powers, found to be in good and due form, have signed this Revision Act. Done at Munich the twenty-ninths by the day of November two thousand in a single original in the English, French and German languages, the three texts being equally authentic. This original text shall be deposited in the archives of the Federal Republic of Germany.
Convention on the grant of European PATENTS (European Patent Convention) adopted on 5 October 1973, amended by the 1991 law on 17 December EPC article 63 amendments, and the European Patent Organisation's Administrative Council of 21 December 1978, 13 December 1994, 20 October 1995, 5 December 1996 and 10 December 1998 decision. Preamble the Member States desiring to strengthen cooperation between European States in the legal protection of inventions, desiring to this protection in these countries can get the patent procedure, and to thus granted patents meet certain standards, desiring to conclude an agreement for this purpose (the Convention), which establishes the European Patent Organization, which creates a special agreement in the Convention for the protection of intellectual property within the meaning of article 19, signed in Paris on 20 March 1883 in the. , last modified 14 July 1967, and a regional patent treaty Patent Cooperation Treaty article 45 of part 1 of the means adopted 19 June 1970, have agreed as follows: part I General and institutional provisions chapter I General provisions article 1 the European patent granting rights under this Convention is established in all Member States, a common law system for granting patents on inventions. Article 2 (1) of the European patent Patent granted in accordance with the Convention, called European patents. (2) the European patent in each Member State, in respect of which it was granted, enjoy the same rights and are subject to the same conditions as a national patent of the Member State where the Convention provides otherwise. Article 3 the territorial force grant of a European patent may require in respect of one or more Member States. Article 4 the European Patent Organisation (1) of the Convention shall be established by the European Patent Organisation (hereinafter referred to as the Organization). It is administratively and financially independent institutions. (2) the Organization departments are: (a) the European Patent Office; (b) the Administrative Council. (3) the Organization's mission is to grant European patents. This task carried out by the European Patent Office, which oversees the Board. Chapter II European Patent Organisation article 5 legal status (1) the Organization shall have legal personality. (2) organisation in each Member State enjoys the widest rights are granted to legal persons in accordance with the law of the Member State concerned; the right to acquire and dispose of movable and immovable property and may be a party to legal proceedings. (3) a representative of the European Patent Organisation, the authorities of the President. Article 6 location (1) organisation in Munich. (2) the European Patent Office in Munich. It has a branch in the Hague. Article 7 European Patent institutions assisting authority with a Board decision, if it is necessary, Member States and intergovernmental industrial property organizations can create a European Patent institutions assisting the exchange of information and of communication, if those Member States or organizations concerned give their consent. Article 8 privileges and immunities the Protocol annexed to the Convention on the privileges and immunities shall specify the circumstances in which the Organization, members of the Administrative Council of the European Patent Organization and other persons named in the said Protocol, provided that they fulfil the tasks of the organisation in each Member State enjoys the privileges and immunities necessary for the performance of their duties. Article 9 liability (1) the contractual liability of the Organization for a particular contract, governs the law applicable. (2) the Organization's liability for any damages caused by the European Patent Organization, in carrying out their duties, which do not result from a contract, governed by the laws of the Federal Republic of Germany. Responsibility for damages caused by the branch at the Hague or the assisting authority, or their employees, shall be governed by the law of the Member State in which a branch or the assisting authority is located. (3) the European Patent authorities the personal liability of staff towards the Organization is governed by the terms of service or a contract of employment. (4) this article 1 and 2 of the dispute referred to the Court for the following: (a) part 1 in these disputes, the courts of the Federal Republic of Germany, if the contract concluded between the parties, not specified other State Court; (b) part 2 of the above disputes, the courts of the Federal Republic of Germany or the courts of the Member State in whose territory the branch or the assisting authority. Chapter III the European Patent Office article 10 management (1) the European Patent Office run by the President, who on the Authority's activities to the Management Board. (2) to this end, the President has the following functions and powers: (a) take the necessary measures to ensure the functioning of the European Patent authorities, including the adoption of internal administrative instructions and the recommendations of the public; (b) to determine which actions are performed in the European Patent Office in Munich and its branch in the Hague if they are not determined in the Convention; (c) submit to the Administrative Council proposals for amendments to the Convention and the proposals the General rules or decisions, which are within the competence of the Administrative Council; (d) to draw up and implement the budget, also amended or supplemented; (e) submit a management report to the Administrative Council once a year; (f) perform staff supervision; (g) the appointment and promotion of staff, as indicated in article 11; (h) take other, not mentioned in article 11, disciplinary measures against employees, and may recommend to the Administrative Council article 11 2 and 3 referred to disciplinary measures against employees; (i) may delegate its functions and powers. (3) the President is assisted by several Vice-Presidents. If the President is absent or indisposed, one of the Vice-Presidents takes his place in accordance with the procedure established within the Administrative Board. Article 11 appointment of managerial staff (1) the President of the European Patent institutions shall be appointed by decision of the Administrative Council. (2) the Vice-president shall be appointed by decision of the Administrative Council, after consultation with the President. (3) the boards of appeal and the enlarged Board of appeal members, also appointed by the President, by decision of the Administrative Council of the European Patent on the recommendation of the President of the authority. They can be renewed once by a decision of the Administrative Council after consultation with the President of the European Patent Office. (4) the Administrative Council shall exercise 1 to 3 referred to disciplinary measures against employees. Article 12 obligations of employees of the European Patent Organization, even after the end of the employment contract, is obliged not to disclose the information and not to use that by its nature is a mystery. Article 13 disputes between the Organization and the European Patent Organization (1) the European Patent authorities, employees and former employees or their successors in interest may apply to the International Labour Organization Administrative Tribunal in disputes with the European Patent Organisation, pursuant to the Statute of the Tribunal, within the time limits and under the conditions laid down in the rules of the service permanent staff or retirement arrangements, or derived from another employee working conditions. (2) the appeal is allowed only if the person concerned has exhausted its appeals, which is consequently available to her under the terms of service, retirement or working conditions. Article 14 the European Patent authorities working languages (1) the European Patent institutions the official languages are English, French and German. The European patent application must be submitted in one of these languages. (2) However, the natural and legal persons living or main place of business in the Member State in which the official language is other than English, French or German, and nationals of that State resident abroad is, can submit applications to the European patent in the official language of that State. In this case, the translation into one of the EPO official languages institutions must be submitted within the time limit laid down in the rules of procedure; This translation (specify) can be matched with the original text throughout the course of the proceedings for the European Patent Office. (3) the European Patent institutions in the official language of the European patent application is filed, or 2. in the cases set out in part translated, in respect of those applications and patents granted by them is used as the language of the proceedings in all actions of the European Patent Office, if the rules of procedure do not provide for different arrangements. (4) in part 2 of this article, that person also documents that must be submitted within a certain time limit, the Member State concerned may be submitted in the official language. This document is a translation in the language of the proceedings must be submitted in the time limit laid down in the rules; In the cases provided for in the rules of the translation may be filed in the other official language of the European Patent Office. (5) If a document that is not part of the European patent application is not filed in the language of the Convention or, if provided for under the Convention, the translation is not filed within a specified period, such a document is considered not to have been received. (6) the European patent application shall be published in the language of the proceedings. (7) the patent specification shall be published in the language of the proceedings; the specification includes the translation of the claims into the two other European Patent institutions the official languages. (8) in all three official languages of the European Patent authorities to publish: (a) the European Patent Bulletin; (b) the European Patent authorities official journal. (9) entries in the register of European Patents are the three official languages of the European Patent Office. In cases of doubt, the text is considered to be authentic text in the language of the proceedings. Article 15 procedure For the departments responsible for the implementation of the procedures provided for in the Convention, the European patent office have been established in the following departments: (a) the applications sector; (b) of section Patentmeklējum; (c) the Inspection Department; (d) opposition divisions; (e) Legal Division; (f) the Board of appeal; (g) the enlarged Board of appeal. Article 16 applications sector applications sector the Hague branch. It is the responsibility of each of the European patent application and the formal requirements for the verification of conformity to the time when the applicant submits a request for inspection or when the applicant has indicated that he wants to continue filing the application under part 1 of article 96. It is also responsible for the European patent application and European patentmeklējum the message publishing. 17. Article Patentmeklējum of chapter Patentmeklējum of section located in the Hague branch. They are responsible for drawing up the reports of the European patentmeklējum. Article 18 (1) expertise expertise Department is responsible for each European patent application expertise. (2) the expertise of the Department consists of three technical qualifications of experts. However, usually the inspection until a decision by one Department expert. An oral hearing of the application happens all the Inspection Department in the presence of experts. If the Inspection Department believes that the adoption of the decision in essence requires the participation of a legally qualified examiner, it can extend the Inspection Department, including its composition lawyer. In the event of parity of votes Division Head voice is crucial. Article 19 (1) the opposition Division an opposition Division shall be responsible for the examination of complaints filed against the European patent. (2) the opposition Division consists of three technical qualifications of experts, at least two of whom have not participated in the procedure for the award of the patent against which opposition has been filed. Expert who has participated in the procedure for the award of a patent can not be President. Prior to the final decision in the case of opposition, the opposition Division may entrust the examination of objections to one of the Department's experts. Oral proceedings shall take place in the presence of the entire chapter. If the opposition Division considers that the nature of the decision requires the participation of a legally qualified examiner, you can extend it to include the opposition Division consisting of lawyers, who have not participated in the patent procedure. In the event of parity of votes Division Head voice is crucial. Article 20 (1) of the Legal Department, the Legal Department is responsible for decisions about the making of entries in the register of European Patents and the recording of the representatives on the list of professional representatives or deletion of it. (2) the legal decision of the Division shall be taken by one legally qualified member. Article 21 (1) the Board of appeal, the Board of appeal is responsible for appeals lodged against the application receipt, Inspection Department, the opposition Division and the Legal Department's decisions. (2) appeals against the applications sector or the Legal Department's decision to examine the Board of appeal, which consists of three legally qualified members. (3) appeals against decisions of the examination Division hears appeals board, consisting of: (a) two technically qualified members and one legally qualified member if the decision concerns the refusal of the European patent application or European patent, and it was accepted by the inspection department that the stale from less than four members; (b) three technically qualified members and two legally qualified members, if the decision was accepted by the Inspection Department, the four-Member or, if the Board of appeal considers that the nature of the case requires the following Council configurations; (c) three legally qualified members in all other cases. (4) appeals against the decision of the opposition Division to examine the Board of Appeal consisting of: (a) two technically qualified members and one legally qualified member, when the decision was adopted by the opposition Division three members; (b) three technically qualified members and two legally qualified members, if the decision was accepted by the opposition Division's four members, or, if the Board of appeal considers that the nature of the case requires the following Council configurations. Article 22 enlarged Board of appeal (1) the enlarged Board of appeal shall be responsible for: (a) the nature of the questions of law referred to it by boards of appeal; (b) opinions on questions of law referred to it by the President of the European Patent Office in accordance with the provisions of article 112. (2) the enlarged Board of appeal decisions and give opinions to the five legally qualified members and two technically qualified members. One of the legally qualified members shall be the Chairman. Article 23 the members of the boards of appeal (1) the independence of the appeal and of the enlarged Council the members of the boards of appeal shall be appointed for five years, and they cannot be exempted from work during this time, unless there are serious grounds for exemption, and if the Board, upon the proposal of the enlarged Board of appeal does not adopt such a decision. (2) the members of the boards may not be the receipt of the Application, inspection Division, an opposition Division or the legal department. (3) the decisions of the members of the boards of appeal are not binding on any of the instructions, and they take into account only the Convention. (4) the boards of appeal and extended the rules of procedure of the boards of appeal shall be adopted in accordance with the rules of procedure. Rules of procedure approved by the Administrative Council. Article 24 the members of the boards of appeal of the reset and rejection (1) the boards of appeal or the extended members of the boards of appeal may not take part in cases in which they have a personal interest, which they before been involved as representatives of one of the parties, or in which they participated in the decision against which the appeal is being heard. (2) If a Board of appeal or of the enlarged Board of appeal considers that due to the circumstances referred to in part 1, or due to any other reason they should not participate in the appeal proceedings, he shall inform the Council accordingly. (3) any party part 1 of these reasons or due to the suspicion of interest may ask the boards of appeal or of the enlarged Board of appeal members of the rejection. The rejection will be adopted, if the party, knowing about the reasons for rejection when starting to participate in the appeal procedure. Rejection can be justified on the basis of the nationality of members. (4) this article is part 2 and 3 of the cases referred to the Board of appeal and enlarged Board of appeal shall decide on the further course of action in the absence of the Member concerned. To make such a decision, the Member States, against which is expressed rejection, is replaced by an alternate. Article 25 technical opinion after a request by the competent national court hearing an action for patent infringement or revocation of European patent authority on decent pay is required to provide a technical opinion on the European patent, for which the proceedings. The following opinion is responsible for the inspection division. Chapter IV Administrative Council article 26 (1) participation in the Administrative Council composed of Member States ' representatives and alternate representatives. Each Member shall be entitled, the Board shall appoint one representative and one alternate representative. (2) each Board member can be advisers or experts in accordance with the procedural rules. Article 27 (1) the Administrative Council shall elect a Chairman and a Vice-Chairman from among the representatives of the Member States and representatives of the substitute. The Deputy Chairman shall ex officio replace the Chairman if the latter is unable to perform his duties. (2) the Chairman and the Vice-Chairman shall be elected for three years. They may be re-elected. Article 28 (1) where the Council has at least eight Member States, the Administrative Council may create an Executive Board, consisting of five members. (2) the Administrative Council the Chairman and Vice-Chairman shall be Ex officio members of the Executive Board; the other three members elected by the Administrative Council. (3) the Administrative Council elected members shall be three years. This term is not renewable. (4) the Board shall perform the tasks entrusted to it by the Administrative Board, in accordance with the procedural rules. Article 29 meetings (1) the Administrative Council shall be convened by its Chairman. (2) the President of the European Patent authorities to participate in the meetings of the Administrative Council. (3) regular session of the Administrative Council shall be convened once a year. Additional meetings may be convened at the initiative of the Chairman or at the request of one-third of the Member States. (4) the meetings of the Administrative Board in accordance with a pre-established agenda and procedural rules. (5) the provisional agenda shall include all matters that are sought for a Member State in accordance with the procedural rules. Article 30 presence of observers (1) World Intellectual Property Organization attending meetings of the Administrative Council in accordance with the agreement concluded between the European Patent Organisation and the world intellectual property organization. (2) any other intergovernmental organization that is entrusted to the international procedures in the field of patents with which the Organization has concluded the contract, attending meetings of the Administrative Council in accordance with the provisions of this agreement. (3) the Administrative Council may invite any other intergovernmental organizations and non-governmental organizations in the activities of the Organization which is interested to visit its meetings in which mutual interest are discussed. Article 31 of the Administrative Council of the working languages (1) the meetings of the Administrative Council uses English, French and German. (2) the Administrative Council submitted documents and minutes of meetings shall be made in the three parts referred to in part 1. Article 32 personnel, premises and equipment in the European patent office shall transfer the Board and each of its structures in the conduct of the staff, premises and equipment that is required for performing their duties. Article 33 of the Administrative Council in certain cases competence (1) the Board shall have jurisdiction to amend the following provisions: (a) the deadlines laid down in the Convention; on the time limit laid down in article 94 to apply only in the cases provided for in article 95; (b) the rules of procedure. (2) the Administrative Council shall have jurisdiction under the Convention, to adopt or amend the following provisions: (a) rules on finance; (b) the European Patent Office service provisions permanent staff and other staff rules, staff and overall level of employee salaries, as well as the added advantage of ways and the rules for granting it; (c) the pension scheme rules and any relevant existing pension increase corresponding to the salary increases; (d) rules on fees; (e) its rules of procedure. (3) Notwithstanding article 18 in part 2 of the above, the Administrative Council shall be competent in accordance with their experience, provide that certain categories of things inspection departments decide one technically qualified member. Such a decision may be revoked. (4) the Administrative Council shall be competent to authorise the President of the European Patent authorities to negotiate, and with its consent, to enter into contracts on behalf of the European Patent Organisation with States, intergovernmental organizations and with documentation centres, which are created with the following organizations in the framework of such agreements. 34. Article voting rights (1) the Administrative Council of the right to vote belongs to the Member States. (2) each Member State in accordance with article 36 shall have one vote. 35. Article voting rules (1) the Administrative Council decisions, except those listed in part 2 of this article, shall be adopted by the Member States represented and voting shall be a simple majority. (2) With three-fourths of the Member States represented and voting a majority of the Administrative Council shall adopt the decisions entrusted to it in accordance with article 7, article 11 of part 1 of article 33 of part 1 of article 39, article 40 2 and part 4, article 46, article 87, article 95, article 134, part 3 of article 151, part 2 of article 154, part 2 of article 155, 156, article 157 article 2 through 4 part , part 1 of article 160 in the second sentence of article 162, 163, 166, article, article 167 article and article 172. (3) the abstention is not considered a vote. Article 36 (1) counting of votes when adopting or amending the rules on the fees, which provides for financial participation by the Member States, when adopting the budget of the Organization and its amendments, or supplementary budget adopted, each Member State may require that the first vote, in which each Member State has one vote, immediately follows the second vote, in which voting rights are given in part 2 of the countries indicated. The decision determines the result of the second vote. (2) the number of votes of each Member State, a second vote shall be calculated as follows: (a) article 40 of part 3 and 4 set out in each Member State, the percentage of financial participation in accordance with the special scale for financial participation shall be multiplied by the number of Member States and divided by five; (b) such number of votes obtained, rounded up to the next whole number; (c) the resulting integer adds five papildbals; (d) However, it is not the number of votes in one Member State may not exceed thirty votes. Chapter v financial provisions article 37 shall cover the organization expenses: (a) of the same Organization; (b) the contributions of the Member States, received as European patent maintenance fees in effect in these Member States; (c) if necessary, special dalībmaksājum of the Member States; (d) provided for in article 146 of the revenue. Article 38 of the same Organization means an organization's own funds form the payments set out in the Convention, as well as all its revenue, regardless of their nature. Article 39 payments by Member States of the European patent maintenance fees (1) each Member State shall pay the Organization a portion of each European patent maintenance fees in force in that Member State, laid down by the Administrative Council; This part may not exceed seventy-five percent and it is the same for all Member States. When this part is less than the prescribed Administrative Council fixed the minimum State Unified organization pay this minimum. (2) each Member State shall communicate to the organisation such information as the Board considers necessary to determine the size of the contributions. (3) the time limits for contributions shall be determined by the Administrative Council. (4) If full payment is not made within the time limit specified by the Member State as from the expiry date of membership to pay interest on the unpaid portion. Article 40 charges and payment level — Especially financial participation (1) of the Convention the fee provided for in article 38 and 39 in part provided for in article is fixed at such a level as to revenues from these fees would create a balanced budget of the organization. (2) if the organisation fails to balance the budget in a manner as provided in part 1, the Member States shall carry out a financial contribution for the period of the report, which size is determined by the Administrative Board. (3) the specific financial contribution shall be fixed for each Member State on the basis of the last year the number of the patent application, but one of the previous year before the entry into force of the Convention, and is calculated as follows: (a) one half of the number of the patent application, filed in that Member State; (b) one-half of the next largest number of patent applications, which are submitted by the public to natural and legal persons in other Member States. However, the amount of contributions to be transferred to the Member States in which the number of patent applications submitted in excess of 25 000, taken as a whole and the need to create a new scale of contributions based on the scale in these countries, the number of the patent application submitted. (4) If a member of position distribution scale of contributions cannot be determined in accordance with the provisions of part 3, the management board with the consent of the State concerned for the individual Member State defines its position on this scale. (5) article 39 of the Convention, 3 and 4 shall apply mutatis mutandis (mutatis mutandis) also special financial contribution. (6) the specific financial contribution repaid, with interest rates that are the same in all Member States. Repayment shall be made in the manner and to the extent as provided for in the budget for this purpose; the expected repayment amount distributed among Member States in accordance with parts 3 and 4 of that scale. (7) the specific financial contribution that transferred in each reporting period, released in full before being transferred any such contribution or a part of it for the next reporting period. 41. Article Priekšiemaks (1) the President of the European patent at the request of the authorities of the Member States shall take your payment and participation priekšiemaks organisation of contributions to the extent and within the time limit laid down by the Administrative Council. This priekšiemaks distribution in proportion to the contribution of each Member to the size of the reference period concerned. (2) article 39 of the Convention 3 and 4 shall apply mutatis mutandis to priekšiemaks. Article 42 (1) the Organization's Budget income and expenditure for each reporting period with the breakdown of the items are reflected in the budget. If necessary, as a budget amendment or supplementary budget. (2) the Budget must be balanced in revenue and expenditure. (3) the budget shall be established in the rules on finances for units. Article 43 authorisation of expenditure (1) expenditure approved budget for each reporting period, if the rules of procedure do not provide for the financing of the different procedures. (2) in the cases provided for in the rules of procedure of the allocations, except for payment for the staff that is not used up at the end of the reporting period, can be used until the next reporting period, but not later. (3) the allocations made for different roles, depending on their type and purpose of the expenditure, and, if necessary, you can further subdivide sub-posts financing in accordance with the rules of procedure. Article 44 allocation for unexpected expenses (1) the organization may provide in the budget allocations for unforeseen costs. (2) the following aid may be granted with the consent of the Administrative Council. 45. Article reporting period reporting period begins on January 1 and ends on December 31. 46. Article Budget preparation and adoption (1) the President of the European Patent authorities to submit their draft budgets to the Board not later than set out in the rules of procedure of financing. (2) the budget, its amendments and additions to be adopted by the Administrative Board. Article 47 of the provisional budget (1) If, at the start of the report period, the Administrative Council has not yet adopted a budget, then in accordance with the procedure provided for in the rules of procedure of financing every month for each item may issue features not more than one twelfth of the amount allocated to this item was in the previous reporting period, on condition that these funds, which is the President of the European patent authorities, not more than one twelfth of the sum provided for in the draft budget. (2) the Administrative Council may, subject to the other conditions referred to in part 1, mandating higher allocations of one twelfth of all grants. (3) article 37 of the Convention, (b) the payments referred to in paragraph 1 for the year for which the budget has been submitted to the project, continue to make after the provisional calculations in accordance with the provisions of article 39 of the previous year. (4) the Member States shall make specific financial contributions of participation necessary to ensure part 1 and 2, each month from provisional calculations, and in accordance with article 40 part 3 and 4 of that scale. Those contributions shall apply. Article 39 part 4 provisions shall apply mutatis mutandis. 48. Article budget execution (1) the President of the European Patent authorities responsible for the budget and amending budgets, in addition to the implementation of the budget within the limits of the funds granted. (2) the budget of the President of the European Patent authorities to reallocate funds can between different items and sub-items on the limits and on the conditions laid down in the rules of procedure of financing. Article 49 (1) of the Organization of the audit of the revenue and expenditure account and balance sheet in accounting assess Auditors whose independence does not cause doubts, and that means the Administrative Board for a term of five years which may be renewed or extended. (2) for which the audit is carried out to document the inspection and, if necessary, on the spot (in situ), to find out whether all revenue has been received and all expenditure incurred in a lawful and proper manner and that financial management is reasonable. The Auditors shall draw up a report at the end of each reporting period. (3) the President of the European patent authorities each year shall be submitted to the Administrative Council report on the previous reporting period for the budget and accounting balance sheet showing the assets and liabilities of the organisation, together with the auditor's report. (4) the Administrative Council shall adopt the annual report together with the auditor's report and give the President the Authority's assessment of the implementation of the budget. 50. Article the rules of procedure of the Financing rules of the financing details shall be determined: (a) budgeting and execution procedures and accounting and audit procedures; (b) the method and procedure whereby the Member States enables organization to use and participation in the payment of contributions that they make in accordance with article 37, and priekšiemaks, in accordance with article 41; (c) the rules on accounting and the responsibility of employees and their monitoring arrangements; (d), 39, 40 and 47. interest rate referred to in article 8; (e) the participation referred to in article 146 of the calculation method; (f) the Administrative Council to be budgetary and financial committee structure and responsibilities. Article 51 rules for the rules for determining the cost and size of the form in which they will be paid. Part II PATENT substantive law chapter I patentability Patentable inventions in article 52 (1) European patents granted to inventions that are new, industrial use and having inventive step. (2) For inventions within the meaning of part 1 above will not be considered: (a) discoveries, scientific theories and mathematical methods; (b) aesthetic solutions (design work); (c) intellectual operations, business or gaming of the implementation schemes, rules and methods, as well as computer programs; (d) the provision of information. (3) objects and the operations referred to in part 2 are excluded from patentable invention rim only in so far as the European patent application or European patent relates to such an object or action as such. (4) human or animal therapeutic or surgical treatment and diagnostic methods, which are carried out with the human or animal body shall not be considered inventions that can be industrially used within the meaning of part 1. This provision shall not apply to products, also to substances or compositions that use these methods. Article 53 exceptions from exemption to European patents shall not be granted: (a) inventions the publication or exploitation of which is contrary to public policy or morality (ordre public), but such a decision may be made only on the basis of the fact that such use is prohibited by law or administrative provision in some or all the Member States; (b) plant or animal varieties, or essentially biological plant or animal varieties of acquisition techniques; This provision shall not apply to microbiological techniques and their resulting products. 54. Article novelty (1) an invention shall be considered new if it is not part of the art. (2) the level of Technical knowledge, any content that is available to the public in writing or orally, is publicly used or disclosed in any other way before the filing date of the European patent. (3) in addition, also presented the European patent application, the filing date of which is prior to the date referred to in paragraph 2 and which were published under article 93 of this date or after this date are considered part of the art. (4) this article is part 3 shall apply only if the Member State which is indicated later in the application has been indicated before, the published application. (5) this article 1 to 4 of part of the conditions for exclusion from the patentable does not apply to substances or compositions, known from a technical level, if they are intended for use in the article 52 4. the methodology laid down in part if their use in these methods are not part of the art. Article 55 public information is not prejudicial to novelty (1) article 54 of the Convention shall not apply where the disclosure of invention is made not earlier than six months before the date of the European patent application and if such disclosure is: (a) the obvious malice against the applicant or his legal predecessor, or (b) if the applicant or his legal predecessor has exhibited the invention or its equivalent, the official international exhibition, organized according to the 1928 signed in Paris on November 22 international exhibition Convention with the latest amendments to the 1972 November 30. (2) in part 1 of this article, (b) the point where the conditions of part 1 apply only if the applicant filed the application for a European patent, notice that the invention has been displayed in this exhibition, and submit a certificate attesting this fact in accordance with the conditions of the rules of procedure. Article 56 inventive step, it is considered that the invention possesses inventive step if, having regard to the State of the art, it is not an obvious expert in the relevant technical area. If the technical level also make documents referred to in part 3 of article 54, then these documents when assessing inventive step, are ignored. Article 57 Industrial use of the invention shall be deemed industrially applicable if it can be used in any sector of the economy, including agriculture. Chapter II persons entitled to submit applications and receive European patent: inventor of mentioning article 58 entitled to submit applications to the European patent in the European patent application may be filed by any natural or legal person, or any laws, in accordance with the relevant legal entity comparable to a person. 59. Article several European patent application the applicant may submit several applicants as koppieteicēj, or two or more different applicants for different designated States. Article 60 the right to the European patent (1) the right to the patent belongs to the European inventor or his successor in title. If the inventor is an employee, the right to a European patent shall be determined in accordance with the law of the country in which the worker's employment; If you cannot determine the country in which the worker's employment, the right to the patent shall be determined by the law of the State in which it is the employer's company, in which the worker is working. (2) If two or more persons have created the invention independently of each other, the right to a European patent shall belong to the person whose European patent application earlier application date; However, this provision shall apply only in cases where this first application has been published in accordance with the provisions of article 93 and it is valid only in the Member States, which are indicated in the published application. (3) for the purposes of the proceedings for the European Patent Office, it is considered that the applicant is entitled to use the right to the European patent. Article 61 the European patent application which has no right to a European patent (1) if there is a final judgment of the Court of Justice that the right to a European patent is a person other than the one referred to in part 1 of article 60, that person may, within three months after the final judgment of the Court of Justice entered into force and, if the European patent has not yet been granted, in respect of the European patent application in the Member States where the judgment is rendered or it is recognized, or it must be recognised in accordance with the Protocol annexed to the Convention on the recognition of: (a) to continue the management of the applicant's application as of its application; (b) file a new European patent application on the the same invention or (c) request the rejection of the application. (2) article 76 of the Convention, the conditions of part 1 apply mutatis mutandis (mutatis mutandis) to the new application, submitted in accordance with part 1. (3) part 1 of this article, the conditions for the enforcement procedure, the special conditions for the new application, submitted in accordance with part 1 and deadlines of the application, and specifying the country patentmeklējum of the payment of the fee laid down in the rules of procedure. Article 62 the inventor of the right to be referred to the inventor shall have the right to be named separate from those of the European patent the applicant for or holder of the European Patent Office with the documents to be submitted. Chapter III the European patent and the European patent application the legal force of article 63 of the European patent (1) the European patent is valid for 20 years from the application date. (2) the preceding paragraph shall not prejudice the right of Member States to extend the term of the European patent, or to grant corresponding protection below immediately after patent expiry of under the same conditions as those applicable to national patents: (a) if the country is war or similar emergency conditions; (b) if the European patent is a product or object method in the manufacture of the product, or use of the product, which the country before placing on the market is a statutory administrative authorization. (3) part 2 of this article shall apply mutatis mutandis (mutatis mutandis) the European patent granted in respect of the Member States together in the group in accordance with article 142. (4) a Member State which allows you to extend the patent period or granted adequate protection in accordance with part 2, point (b), may, on the basis of a contract with the Organization, entrust the European Patent Office with tasks related to the implementation of the relevant provisions. Article 64 of the European patent (1) the rights conferred by a European patent from the date of publication of a notice of the award, in each Member State, in respect of which it is issued, the holder of the patent to be granted the same rights as in the country granted the national patent. (2) if the European patent is a method, the object of patent protection shall also apply to products that are directly obtained by this technique. (3) the European patent infringement cases, the applicable national law. Article 65 of the European patent specification translations (1) any Member State may provide that, where granted by the European Patent Office or the European patent the European patent for that country in a language other than an official language of that State, the applicant or the patent owner shall submit to the national industrial property office a translation of the patent in the language of the country or in the country in a particular language. The translation deadline is three months from the date on which the European Patent Bulletin is published in the news of the granting of the European patent or amendment, unless the State does not set a longer time limit. (2) each Member State which has adopted the 1. the conditions laid down in part, you can determine that the applicant or patent owner a period set in this country to pay for the publication of the translation. (3) each Member State may provide that paragraph 1 and 2 that the conditions laid down in the case of a European patent in that State is considered void ab initio. Article 66 of the European patent application and a national patent application European patent application of the equivalence that is assigned to the date of application, the Member States are equivalent to a national patent application and, where appropriate, with the European patent application claimed priority. Article 67 rights conferred by a European patent application after publication (1) the European patent application from the date of publication of the application in accordance with article 93 shall be granted to the applicant mentioned in article 64 of the temporary protection, the Member States listed in the publication of the application. (2) any Member State may provide that the European patent application does not grant the protection referred to in article 64. However, the protection resulting from the publication of the patent application may not be less than those granted to national law the national mandatory for patent applications to be published, having been subjected to inspection. In any case, each State provides at least that of the European patent application is published the applicant may require appropriate remuneration from any person who has used the invention in the country where that person in accordance with national legislation be liable for patent infringement. (3) each Member State whose official language is not the language of proceedings, may prescribe that provisional protection in accordance with part 1 and 2 do not stand until the translation of the claims in one of the official languages or the language of the State after the choice of the applicant: (a) are not made public in the national legislation, or (b) is not known to the person using the invention in this country. (4) the European patent application shall not in any event part 1 and 2 above, if it has been withdrawn, is deemed to be withdrawn or finally refused. These same conditions also apply to the European patent application in force in the Member States indicated that is withdrawn or considered withdrawn. Article 68 European patent rejection effect of European patent application and on the basis of the European patent is not granted 64. and in force referred to in article 67 of the initiation to the extent it is rejected in the opposition procedure. 69. Article protection (1) the rights granted by the European patent or a European patent application is determined. A description of the invention and drawings are used in the interpretation of the claims. (2) the period of time up to the grant of the European patent the European patent application rights shall determine the latest submitted a petition, which is published in accordance with article 93. However, the European patent is granted or the opposition procedure in the amended European patent in retrospect by the European patent application rights, unless the rights are not extended to it. Article 70 of the European patent application or European patent (1) the authentic text of a European patent application or European patent in the language of the proceeding text is authentic text at any stage of the proceedings the European Patent Office and in each Member State. (2) However, in the cases referred to in part 2 of article 14, the filing of the European Patent the original institution forms the basis to determine whether the object of the application or patent to go beyond the initial content of the application submitted to the frame. (3) each Member State may determine that a translation in the official language of this State as provided for in the Convention, this country is regarded as genuine text, except for the cancellation procedure, if a translation of the application or patent granted in narrower rights than the text in the language of the proceedings. (4) each Member State shall adopt the conditions of part 3: (a) allow the applicant or patent owner to submit the correct European patent application or European patent translation. Such corrected translation shall not have any legal consequences, if not complied with article 65, part 2, and part 3 of article 67 requirements shall apply mutatis mutandis; (b) may provide that every person in this country in good faith, used the invention or made serious preparations for using the invention, and such use is not an infringement of the patent under the translation originally submitted, may continue such use even after corrected translation takes effect, their business or its needs free of charge. Chapter IV the European patent application as an object of property law article 71 establishment and transfer of the right to a European patent application can establish or put in respect of one or more specified member States. 72. Article transfer the right to the European patent application shall refer to the written contract signed by both contractual partners shall. 73. Article contractual license European patent application may be licensed for all the Member States or on the part of the Member States. 74. Article applicable law If not specified otherwise in the Convention, the European patent application as an object of property in each Member State or, in respect of each Member State applies the same rule as a national patent application. Part III European PATENT application chapter I European patent application requirements and review procedures of article 75 of the European patent application (1) a European patent application may be filed: (a) the European Patent Office in Munich or its branch at the Hague, or (b) where the law of a Member State permits it, the national central industrial property office or other authorised body. In this way, submitted to the European patent application has the same effect as if it had filed on the same date, the European Patent Office. (2) part 1 of this article shall not prevent the application of the conditions of legal or administrative rules in each Member State: (a) inventions, which are applied in accordance with their nature, must not be disclosed to foreign countries without competent authorities prior permission, or (b) provides that every application must first be submitted to the national authority, or it may be right to submit another authority with prior permission. (3) any Member State may provide for or permit the dedicated European filing of part 1 (b). 76. Article Revealed the European application (1) the European release the application must be submitted directly to the European Patent Office in Munich or its branch at the Hague. It may be submitted only to the object that do not go beyond the original scope of application; If these conditions are met, the application shall be deemed to have been filed on the date of the initial application and has the same right of priority. (2) Distribute the application can not be specified by the Member States, which have not been stated in the initial application. (3) in implementing the terms of part 1 of the application provided for in the rules of procedure to be followed in the procedure and specific conditions for the application of the pay period, patentmeklējum and the national point fees. Article 77 of the European patent application (1) the central industrial property office to forward the submissions or any other competent authority in that State applications submitted to the European Patent Office in the shortest possible time, subject to the national law on secrecy in the interest of national defence. (2) Member States shall take all necessary measures to ensure that the European patent application in which the object is obviously classified in accordance with part 1, are transferred to the European Patent Office in the six weeks after the application date. (3) a European patent application for which the evaluation of the security of the object point of view requires additional expertise, should be reported so that they reach the European Patent Office in the period of four months from the filing date or, if the right of priority is claimed, the fourteen months from the priority date. (4) the European patent application in which the object is considered secret, are not transferred to the European Patent Office. (5) European patent applications which do not reach the European Patent Office before the fourteen-month deadline from the date of the application or, if priority is claimed, from the priority date shall be considered withdrawn. The application, patentmeklējum, and specify the State fee refunded. Article 78 of the European patent application requirements (1) a European patent application shall contain: (a) the request to grant the European patent; (b) a description of the invention; (c) one or more claims; (d) the drawings, if the description or claims refer to them; (e) summary. (2) a European patent application must pay the application fee and patentmeklējum fee within one month from the date of the application. (3) the European patent application must comply with the conditions of the rules of procedure. 79. Article specifying the Member (1) a request for the grant of a European patent must contain one or more countries, in which the exemption is sought. (2) for the indication of the Member State to pay designation fees. Specify the fee shall be payable within six months from the date on which the European Patent Bulletin is published on a European patentmeklējum. (3) the instructions of a Member State may be withdrawn at any time up to the grant of the European patent. All of the Member States specified withdrawal is considered the withdrawal of the European patent application. Specify the State fees shall not be refunded. Article 80 the application date of the European patent application date is the date on which the applicant has submitted the following documents: (a) an indication that a European patent is sought; (b) at least one member of the instruction; (c) particulars identifying the applicant; (d) a description of the invention and one or more claims in one of the article 14 in part 1 and 2 those languages, although the application and claims do not meet the other requirements of the Convention. 81. article specify the European patent the inventor must indicate the inventor. If the applicant is not the inventor or is not even the only inventor, instructions must contain details of the origin of the right to a European patent. Article 82 of the European unity of Invention patent application shall relate to only one invention or to a group of inventions, which make up one common innovation concept. 83. Article Invention disclosure of invention The European patent application must be as clearly and completely to the connoisseur can be put. 84. article claims the claims define the object for which the exemption is requested. They must be clear, precise and reasonable description. 85. Article Summary Summary only serves the purpose of technical information; It cannot be taken into account for any other purpose, in particular the exemption amount for the purpose of interpretation and article 54 subparagraph. Article 86 of the European patent application (1) maintenance fees maintenance fees for European patent applications a European Patent must be paid to the authority in accordance with the rules of procedure. These fees must be paid from the third year and for each subsequent year, counted from the filing date. (2) where a maintenance fee has not been paid before that date, you can pay six months of that date, provided that the fee is paid at the same time. (3) if the maintenance fee and fees has not been paid within the relevant time limit, the patent application shall be deemed withdrawn. Such a decision shall be taken solely by the European Patent Office. (4) the obligation to pay the maintenance fee for the year end with the payment of the fee, which will be published in the notice of the grant of a European patent. Chapter II priority article 87 (1) of the priority Person or its successor, duly filed a patent application, the appropriate model application, usability or autorapliecīb certificate application in one of the Paris Convention for the protection of industrial property or the Member States in relation to one of the following countries are entitled to ask for a European patent application for the same invention in the priority of the first application, if the European patent application is filed within twelve months from the date of the first application. (2) each application, which is equivalent to the correct national application shall be in accordance with national law or under bilateral or multilateral treaties, including the Convention, the right of priority. (3) the proper national patent application has each that can be assigned a filing date, regardless of the fate of the application. (4) the next patent application for the same invention, which was the earlier — the first application filed in the same country or in respect of the same State, is considered as the first application for the purpose of determining the right of priority, provided that at the date of the subsequent application the earlier application has been withdrawn, abandoned or refused, without guidance, without disclosure and without any rights resulting therefrom, and it has already been on the basis of the priority claim. The earlier application then can serve as a basis for requesting the right of priority. (5) if the first filing has been in a country other than the Paris Convention for the protection of industrial property in Member States, part 1 to 4 shall apply only if this country according to a notice published in the Administrative Council and in accordance with bilateral or multilateral agreements shall be granted an equivalent priority right on the basis of the first application the European Patent Office, as well as on the first application in one of the Member States or relating to such Member State in accordance with the Paris Convention equivalent conditions. 88. article claiming priority (1) the applicant for a European patent, desiring to use the earlier application shall file a declaration of priority, earlier a copy of the application and, if the latter is in a different language than the European Patent institutions official languages, a translation of the priority application in one of the following official languages. The implementation of these requirements laid down in the rules of procedure. (2) the European patent application may require a number of priorities despite the fact that it may originate in different countries. If necessary, you can request a number of priorities for each claim. Requiring multiple priorities, deadlines, starting from the date of priority, starting from the earliest priority date. (3) if the European patent application claiming one or more priorities priority rights apply only to the European patent application features, which also contains this patent application or applications whose priority is claimed. (4) If the specific characteristics of the invention for which priority is claimed, no earlier application is claimed, the priority right may be granted, however, if the earlier application documents as a whole specifically disclose such characteristics. Article 89 of the right of priority in the priority right is the role that the priority date shall be considered the date of the European patent application of article 54 2 and 3 and article 60, part 2. Part IV procedure up to grant of the patent article 90 review, submitting the application (1) applications sector shall check that: (a) the European patent application satisfies the requirements for a filing date; (b) the application and the patentmeklējum fee is paid within a certain time limit; (c) part 2 of article 14 in the case provided for in the European patent application in the language of the proceedings for the translation is filed within the time limits laid down. (2) If the application cannot be granted, applications sector enables the applicant to correct the deficiencies in the rules of procedure. If the deficiencies are not remedied within the time limit laid down, the application shall not be considered as a European patent application. (3) where the application and fee are not paid patentmeklējum or article 14 of part 2 in the case provided for in the translation is not filed in the language of the proceedings within a particular period, the application shall be deemed withdrawn. 91. Article examination of formal requirements (1) if the grant of the European patent application and the date of the application shall not be deemed to have been withdrawn under article 90, paragraph 3 of the applications sector shall check that: (a) Article 133 are met, part 2; (b) the application complies with the rules laid down in the technical requirements; (c) has been submitted to the summary; (d) the request for the grant of a European patent provided for in the rules of procedure met the minimum requirements for the content of the application and, where applicable, the requirements of the Convention are fulfilled priorities for recognition of rights; (e) specifying the State have been paid fees; (f) Article 81 is fulfilled the requirement of identification of the inventor; (g) part 1 of article 78 (d) in the cases provided for in paragraph 1 has been submitted as at the date of the application in the drawings. (2) if the application is receiving sector finds deficiencies which can be corrected, the applicant is given the opportunity to fix the deficiencies in accordance with the rules of procedure. (3) if the deficiencies referred to in part 1 (a) to (d) are not remedied in accordance with the rules of procedure, the application shall be rejected; If part 1 (d) deficiencies referred to in paragraph 1 apply to the right of priority, the application lose this right of priority. (4) If part 1 (e) in the case referred to in the statutory period for any country not paid the State fee, specifying the identification of the State is considered withdrawn. (5) If part 1 (f) in the case provided for in paragraph 1 the inventor not mentioning is not resolved during the 16 months of the date of the European patent application or, if priority is claimed, from the priority date, in accordance with the rules of procedure and not mentioning is not exception provided for therein, the application shall be deemed withdrawn. (6) If (g) of part 1 in the cases provided for in paragraph drawing not submitted filing date and has not taken the measures provided for in the rules of procedure for correcting this deficiency, the applicant, in accordance with the rules of procedure of your choice can either agree to amend the filing date to the date when the drawings are submitted, or from the application all the references to the drawings. 92. Article patentmeklējum the European message composition (1) if the European patent application has been accorded a filing date and shall not be deemed to be withdrawn in accordance with article 90 of part 3, section Patentmeklējum of the European patentmeklējum the report arising from the claims, in the form provided for in the rules of procedure, taking account of the description and drawings. (2) immediately after the message is sent to the applicant for the dial together with the cited documents. Article 93 of the European patent application publication (1) the European patent application shall be published as soon as possible after the expiry of 18 months from the filing date or, where priority is claimed, from the priority date. However, at the request of the applicant the application can publish before the end of this period. It is published simultaneously with the European patent specification, if the decision on the grant of the patent is accepted up to the end of the above period. (2) publication contains the description, claims and drawings, and submitted as an annex to the report of the European patentmeklējum and the summary, if the latter is drawn up before the technical preparations for publication. If the patentmeklējum report and the summary is published simultaneously with the application, shall be published separately. 94. Article request for inspection (1) the European Patent Office at the written request of the date of receipt of the patent application expertise on its conformity with the requirements of the Convention. (2) the request for inspection of the applicant may submit up to six-month deadline from the date on which the European Patent Bulletin published in the patentmeklējum message. The request for inspection is deemed not to have been filed when the fee has been paid for expertise. The request can not be undone. (3) if the request is not submitted for expertise to part 2 the end of this period, the application shall be deemed withdrawn. 95. Article Submission request for inspection extension (1) the Board may extend the time limit for filing the request for the inspection, if it is found that the expertise of the European patent application may not be possible to carry out the prescribed time. (2) If the Administrative Council extended the deadline for the submission of the request, it may assign to third parties the right to submit requests for expertise. In these cases, it provides for the conditions in its rules of procedure. (3) every decision of the Administrative Council on the submission of the request for renewal may be applied only to applications filed after the publication in the official bulletin of the Patent authority. (4) If the Management Board extended inspection period for the submission of the request, it must take all the measures necessary to this extension as soon as possible to cancel. 96. Article European patent application inspection (1) if the European patent the applicant submits a request for inspection before they are sent to the message of the European patentmeklējum, the European Patent Office by sending this message inviting the applicant within a time-limit to certify whether he wants to continue filing the European patent application. (2) if the European patent application examination reveals that the application does not comply with the requirements of the Convention, the same chapter of expertise stipulated period calls for the applicant to submit its observations on the procedure laid down in the rules of procedure as many times as it deems necessary. (3) if the applicant does not respond to all 1 and 2 referred to calls within a certain time limit, the application shall be deemed withdrawn. 97. Article rejection of application (1) the inspection department rejects a European patent application if it finds that the application or the invention described therein does not meet the requirements of the Convention, except where the Convention provides otherwise. (2) if the Inspection Department believes that the application and describes the invention meets the requirements of the Convention, it shall take a decision on the grant of European patents in specified countries, provided that: (a) the applicant, in accordance with the rules of procedure approved by the Inspection Department of the proposed text of the European patent; (b) the term provided for in the rules of procedure has paid the fee for the grant of patents and the printing; (c) proper maintenance and miscellaneous charges have been paid. (3) If the grant of the patent, and printing fees are not paid in due time, the application shall be deemed withdrawn. (4) the European patent shall not take effect before the announcement of the grant of the European patent in the European Patent Bulletin publication. Such notice shall be published no earlier than 3 months after part 2, point (b) on a specific date. (5) the Regulations may specify the condition that the applicant shall file a translation of the claims into the two other European patent institutions official languages other than the language of filing of the application, the decision of the Division after the inspection is to be granted a European patent in the text. In this case, the time limit provided for in part 4 is at least five months. If the translation is not filed in due time, the application shall be deemed withdrawn. (6) at the request of the applicant, a notice of the grant of the European patent shall be published before 4 and 5 part time. Such a request may be made only if it is executed in the 2 and 5.

98. article publication in the European patent specification at the announcement of the publication of the grant of the European patent the European patent, the authority shall publish the specification of the European patent containing the description, claims and drawings, if any. Part v COMPLAINTS procedure article 99 opposition (1) any person within nine months from the date of publication of a notice of the grant of the European patent, may submit to the institution of the European Patent the European opposition to the granting of the patent. The opposition must be submitted in writing, it must contain adequate justification. The opposition is deemed not to have been filed if the opposition fee has been paid. (2) the opposition shall apply to all European patents Member States in which the patent is in force. (3) an objection may be made even in those cases where the owner of the patent is a patent refused, or it has lost power in all the countries listed. (4) the opponent (opponent) and the patent owner is part of the opposition procedure. (5) where a person provides evidence that, in one Member State on the basis of the final decision, it is included in the Patent Register of that Member State the previous patent owner's site, this person can ask for permission to replace the previous proprietor in respect of this country. By way of derogation from the provisions of article 118, the previous proprietor and the person who submitted the request, are not considered co-owners if the two parties have not requested it. 100. Article grounds for opposition the opposition may be based only on the fact that: (a) the European patent is not patentable objects up to 52. within the meaning of article 57; (b) the European patent does not disclose the invention so clearly and completely so that it could implement the connoisseur; (c) the European patent, the volume of the object is more than the original amount of the object of the patent application or, if the patent is granted after an application or after the released a new application that had been filed under article 61, is wider than the scope of the earlier application. 101. Article consideration of the objection (1) If the opposition is admissible, the opposition Division shall examine whether the grounds for opposition referred to in article 100, detrimental to the maintenance of the European patent in force. (2) the examination of the opposition, which is carried out in accordance with the rules of procedure, the opposition Division shall invite the parties to submit their comments on the other hand, notifications or their claims as many times as it deems necessary, within a time limit which shall be determined by the opposition Division. Article 102 European patent cancellation or maintenance (1) If the opposition Division considers that the grounds for opposition referred to in article 100, detrimental to the maintenance of the European patent, it shall withdraw the patent in force. (2) If the opposition Division considers that the grounds for opposition referred to in article 100, not detrimental to the maintenance of the patent in the amended form, to the opposition rejects. (3) If the opposition Division considers that, having regard to the conclusions of the owner of the patent, amendments during opposition proceedings, the patent protected invention and meets the requirements of the Convention, it shall take a decision to maintain the patent in amended form in force, provided that (a) it is established that the holder in accordance with the rules of procedure are accepted by the opposition Division in the amended text of a patent; (b) the fee for the European patent for the printing of a new specification is paid within the time limit laid down in the rules of procedure. (4) If the fee for printing a new specification is not paid within a specified time limit, the patent shall be cancelled. (5) the Regulations may specify the condition that the holder of the patent must provide a translation of the amended claims in the two official languages of the European Patent Office other than the language of proceedings. If the translation is not filed within the time limit, the patent shall be cancelled. Article 103 of the new specification of the European patent the European patent If the publication is amended in accordance with part 3 of article 102, the European Patent Office simultaneously with the publication of the decision in the case of opposition published a new specification of the European patent containing the description, claims and drawings, if any, in the amended form. 104. Article cost (1) each Party shall bear its own costs of the opposition proceedings, unless the opposition Division or Board of appeal in accordance with the rules of procedure, for reasons of Justice does not provide otherwise, cover the costs associated with the taking of evidence or in oral proceedings. (2) on request, the registry of the opposition Division record size, the costs which, in accordance with its decision to pay to each party. The cost amount is entered in the register may be reviewed by the decision of the opposition Division, if the time limit is provided for in the rules of procedure filed a request for it. (3) the property rights in the Member States, the use of any European patent authorities to the final decision on the size of its fixed costs, has the same effect as the civil courts of the State of final judgment, in which the rights of use. The verification is limited to its authenticity. 105. Article Supposedly patent abuser intervention (1) the case is filed in opposition to the European patent, any third party who proves that proceedings have been initiated against him on this same patent infringement may, after the opposition period has expired, intervene in the opposition proceedings, if, within three months from the date on which the proceedings have been initiated against it for patent infringement, has announced the engagement. The same condition also applies to any third party who proves that a patent owner has requested she abandon the alleged patent infringement and that she has proposed that the proceedings for infringement of the patent. (2) the notice of enrollment shall be submitted in writing, it must contain a statement of reasons. The communication shall be deemed not to have been filed if the opposition fee has been paid. Then, subject to the Rules of engagement in the exceptions is considered the opposition. Part vi appeals procedure article 106 of the decision against which an appeal can be (1) an appeal may be lodged against the application receipt, Inspection Department, the opposition Division and the Legal Department's decisions. The appeal suspends the application proceedings. (2) an appeal against the opposition Division's decision can be submitted even if the owner has abandoned this European patent, or it is cancelled for all the countries. (3) Against the decision does not end the proceedings as regards one of the parties can only be appealed together with the final decision, unless the decision provides that you may submit a separate appeal. (4) the opposition procedure in the allocation alone does not constitute grounds for appeal. (5) an appeal against a decision on the costs of the opposition proceedings the size can not be submitted unless the size does not exceed the fees prescribed by the rules. Article 107 persons entitled to appeal and to be parties to the appeal procedures for designating Each party that has taken a favourable decision, may appeal. The other half is keeping a legal appeal procedures. Article 108 time limit for appeal and appeal application form shall be submitted in writing to the European Patent Office within two months from the date of the decision against which the appeal is lodged. The application shall be deemed not to have been filed, if the fee has not been paid. Four months from the date when the decision is notified in writing of the grounds for the appeal. Article 109 of the provisional Decision review (1) the Department whose decision is contested considers the appeal to be counting and duly justified, it shall amend its decision. This provision shall not apply where the appellant opposed keeping the other half. (2) if the appeal is declared admissible, within three months following submission of the grounds shall be returned to the Board of appeal without delay and without the expression of its essence. Article 110 of the appeal proceedings (1) if the appeal is admissible, the Board of appeal shall examine whether it is permissible. (2) the examination carried out in accordance with the requirements of the rules of procedure, the Board of appeal shall invite the parties to submit their comments on the other side or on their statements within a time limit which the Board of Appeal points out, and as many times as it deems necessary. (3) if the applicant does not submit the statutory period, responses to the invitation specified in part 2, the European patent application is deemed to be withdrawn, except where the appeal is filed against the decision of the Legal Division. Article 111 the appeal Decision (1) the limit of detection of the appeal, the Board of appeal shall decide cases on appeal. The Board of appeal may either exercise its rights within the competence of the Department which was responsible for the decision, against which an appeal, or to give up the case back to the Department for consideration for this addition. (2) if the Board of appeal returned the case to the Department, in addition to the consideration of the appeal against the decision is binding on the Department, the Board of Appeal's reasoning (ratio decidendi) in so far as it comes to the same facts. Inspection Department of the Board of appeal, the reasoning is binding, even if the decision against which the appeal is accepted by applications sector. 112. Article enlarged Board of appeal decision or opinion (1) in order to ensure uniform application of the law, or, if you have significant problems of interpretation of the Act: (a) the Board of appeal of a particular time, on its own initiative or at the request of a party to the appeal of the case can be sent to the Registrar at the request of any question to the enlarged Board of appeal, if necessary for the above purposes. If the Board of Appeal rejects the request, the reasons for rejection must be given its final decision; (b) the President of the European Patent authorities may ask the enlarged Board of appeal to review disputed rules, if two boards of appeal have adopted various decisions based on the rules of law. (2) part 1 (a) in the cases referred to in paragraph 1 the appeal procedure are part of the enlarged Board of appeal records. (3) part 1 (a) in cases referred to the enlarged Board of Appeal's decision is binding on the Board of appeal given the appeal of the case. Part VII common provisions chapter I Common procedural rules article 113 decisions (1) decisions of the European Patent Office can be justified only by the rules of the Convention or evidence on which the parties concerned have had an opportunity to submit their comments. (2) the European Patent Office shall consider and decide on the European patent applications and European patents only on the basis of the text to which it was submitted by the applicant or patent owner, or are accepted. 114. Article European Patent institutions expertise on its own initiative (1) filing of the European Patent Procedure the authority carries out inspection of the facts on its own initiative; expertise is not limited to the facts presented by the parties, the proof and justification and requirements. (2) the European Patent Office may disregard facts or evidence which are not submitted by the party concerned within a reasonable period. 115. Article third-party note (1) following the publication of the European patent, any person may submit observations on the patentability of the invention applied for. Such comments should be submitted in writing and must specify the rules of law, to which they are based. Such a person is not a party to the proceedings for the European Patent Office. (2) referred to in paragraph 1, transmit to the applicant, or a note from the owner of the patent, which in turn may submit their comments on them. 116. Article an oral hearing (1) oral proceedings shall take place either after the European Patent authority, if such investigation it deems appropriate, or at the request of one of the parties to the proceeding. However, the European Patent Office may request for the additional oral hearing decline if filing parties and subject-matter of the proceedings is the same. (2) an oral hearing applications sector takes place only at the request of the applicant if the application is receiving sector considers it appropriate, or if it intends to reject the European patent application. (3) oral examination for receipt of applications in the sector, expertise in the Legal Department of the Department and not the public. (4) the oral proceedings, including delivery of the decision, are published after the publication of the European patent application, if the hearing took place before the Board of appeal, the enlarged Board of appeal, as well as the opposition Division if one Department in which the examination is held, decides otherwise in cases where disclosure could cause serious damage and unfair, especially to one of the parties to the proceeding. Article 117 of the taking of evidence (1) in any proceeding, the chapter in the Inspection Department, the legal department or the Board of appeal in the taking of evidence shall include: (a) hearing the parties; (b) requests for information; (c) submission of documents; (d) hearing the witnesses; (e) opinions by experts; (f) verification; (g) a sworn written statements. (2) the inspection Division, an opposition Division or Board of appeal may authorize one of its members to examine the evidence submitted. (3) if the European Patent Office considers it necessary for a party, witness or expert to give evidence orally, it shall: (a) issue a summons to the person concerned, or (b) asked under article 131, part 2, the conditions of that person to the place of the competent national authorities, the Court of Justice to obtain such evidence. (4) a party, witness or expert, who has invited the European Patent Office may request it to allow the invited person to provide evidence of their place of residence to the competent national judicial authorities. When you receive such a request, or, if the European Patent institutions specified in the invitation there is no reply within the time limit, the Patent authority may request the competent court to hear the person concerned in accordance with article 131 part 2. (5) If a party, witness or expert to give evidence the European Patent Office last may, if it considers it advisable that the evidence on oath or in a similar manner, you can bind the ask those concerned the place of the competent national judicial authorities to review the evidence provided by such applicable conditions. (6) if the European Patent Office requesting the competent judicial body to take evidence, it may ask the Court to get that evidence in apzvērēt or similar binding way and let the Member of the Department participate in relevant part, the hearing of a witness or expert either through a representative or directly to the Court. Article 118 the European patent application or European patent in the European patent if the unity of the application the applicant or the holder of a European patent are not the same for all countries listed, the following applicants or holders may be considered koppieteicēj or co-owners of filing for the purposes of the European Patent Office. The unity of the application or patent is not affected; for example, the text of the application or patent is the same for all designated States, unless otherwise provided by the Convention. Article 119 Notification by the European Patent Office always notify the persons concerned of their decisions and send out invitations, as well as other statements containing the specified deadlines, or which provides for the provision of the Convention, or that the notification of the European Patent has asked the President of the authority. In exceptional cases, where circumstances warrant, notifications can be sent via the Member States ' central industrial property authorities. Article 120 time limits in the rules of procedure shall determine: (a) the procedure for the calculation and the circumstances under which such time limits may be extended, either because the European Patent Office or part 1 of article 75 (b) of the authority referred to in the document is not open, or because the areas in which the European Patent Office or the authorities, mailings, are not made, or because the postal service is interrupted or terminated later; (b) the European Patent authority existing minimum and maximum time limits. 121. Article of the European patent application further consideration (1) if the European patent application is rejected, rejected or deemed to be withdrawn, the European Patent authority answers due to non-compliance with the time limit, the legal consequences provided for do not stand or, if they have already joined, is withdrawn, if the applicant asked to continue filing the application. (2) the request must be submitted in writing within two months from the date on which the applicant is notified of the decision rejecting the application or on the application of the treatment to be withdrawn. Backorder operation must be performed within the same period. The request shall be deemed not to have been filed until it is paid in respect of the continuation of the proceedings. (3) on the request of the Department, which decides it is not run check. Article 122 of the law (the integrated Restituti) (1) the European patent applicant or owner's rights are restored at his request in cases where the applicant or owner was not able to observe the activities of the European Patent Office deadlines, despite the circumstances the due diligence, if this term, the direct consequences of non-compliance in accordance with the Convention, the European patent application or the refusal of the request, or the treatment of the European patent application is withdrawn or withdrawal of a European patent, or any other rights or remedies. (2) the application must be filed in writing within two months from the date of when you removed the cause of non-compliance with the time limit. No action is to be executed at the same time. The request may be submitted in only one year of the expiry of the unobserved time limit. Patent maintenance fees in the event of non-compliance with the time limit in article 86, part time will be deducted from the period of one year. (3) the request must contain the reasons and must set out the facts on which it relies. The request shall be deemed not to have been filed until the fee has been paid for the restoration. (4) the Department competent to decide on the outstanding activities, shall decide on the request. (5) the provisions of this article do not apply to this article, part 2, part 3 of article 61, article 76 part, part 2, article 78, article 87 part 1 and part 2 of article 94 of the time limits laid down. (6) any person specified in that Member State during the period between the rights referred to in part 1 of the losing and the publication of the renewal in good faith has used or made serious preparations necessary for the use of the invention, which is published in the European patent application or the patent, no consideration can continue such use in its business, or its needs. (7) the provisions of this article shall not prevent a Member State to grant a right of renewal of the Convention and the national Office of industrial property of the action to be taken. Article 123 amended (1) the conditions under which a European Patent in the course of the proceeding authority may amend the European patent application or European patent, are set out in the rules of procedure. In any case, the applicant has the right to at least one time to amend the description, claims and drawings of his election. (2) the European patent application or European patent amended cannot extend the application originally submitted content. (3) the European patent claims may not be amended during the opposition procedure so that the protection granted is extended. 124. Article information on national patent applications (1) Inspection Division or Board of appeal may invite the applicant to indicate a particular period in the countries in which the applicant has filed national patent applications in all or part of the invention to which the European patent application, indicating the application number. (2) if the applicant does not respond within the time limit for appeal provided for in part 1, the European patent application shall be deemed withdrawn. 125. article reference to general principles in cases where the Convention does not provide for any procedural rules, the European Patent Office shall take into account in the Member State concerned accepted the General principles of procedural law. Article 126 termination of financial obligations (1) the Organization's right to make contributions to the institution of the European Patent shall expire four years after the end of the calendar year in which the payment should have been made. (2) the Organization's right to claim contribution or reimbursement of the excess amount from the institutions of the European Patent shall expire four years after the end of the calendar year in which the right arose. (3) part 1 of this article, in the case referred to in 1 and 2, part of the time period referred to in the request for contributions to the end, and part 2 in the case referred to in the reasoned written request. After the break period resumes run immediately, and cease not later than six years after the end of the year in which it originally began, unless during that period proceedings are not started on the forced; in this case, the time period shall end no earlier than one year after the entry into force of the judgment. Chapter II provision of information to the public and the public authorities article 127 European patent register, the European Patent Office shall keep a register and who is known as the European patent register and which is provided for in the Convention. Do not register any record before the publication of the European patent application. The register is publicly available. 128. Article introduction to things (1) a European patent application cases prior to their publication is not publicly available without the applicant's consent. (2) any person who can prove that the applicant for a European patent have been approached to it, based on his rights of the applicant, you can familiarize yourself with the case before the publication of the application and without the applicant's consent. (3) If it is published in the European release, the application or a new application, submitted in accordance with article 61 part 1, any person may consult the case earlier before the publication of the application and without the consent of the applicant. (4) following the publication of the European patent application, submitting a request, you can familiarize yourself with the things relating to this application and the European patent granted, subject to the limits laid down in the rules of procedure. (5) before the publication of the European patent application, the Patent Office may notify the third parties or publish such data bibliogrāfisko: (a) the European patent application number; (b) the date of the European patent application and, where the priority of an earlier application is claimed, the earliest application date, country and number; (c) the name of the applicant; (d) the name of the invention; (e) Member States. 129. Article periodic publication of the European Patent Office shall periodically publish: (a) the European patent bulletin containing the European patent register, as well as other information provided for in the Convention; (b) the European Patent authorities Official Journal of the European Patent containing the presidential authority notices and information of a general character, as well as information relating to the Convention or its implementation. 130. Article exchange of information (1) the European Patent Office and the Member States ' central industrial property authorities, using Article 75, part of the legislative or administrative provisions, on request, provide each other with every useful information about European or national patent applications, this application filing patents granted. (2) in part 1 of this article shall apply to the exchange of information, based on cooperation agreements between the European Patent Office and: (a) any State not member of the Convention, the central industrial property Office; (b) each intergovernmental organization, which is empowered to grant the patent; (c) any other organization. (3) this article part 1 and 2 (a) referred to in the exchange of information is not subject to the limits provided for in article 128. The Administrative Council may determine that the part 2 (c) referred to in the exchange of information is not restricted if the organization concerned with the information as confidential until the publication of the European patent application. 131. Article administrative and judicial cooperation (1) If a Convention or national legislation provides otherwise, the European Patent Office and the courts or authorities of the Member States, on request, provide each other with assistance in sending information or permission to use the inspection. In cases where the European Patent Office allows you to get acquainted with the case, the public prosecutor's Office to the courts or the authorities of central industrial property authorities, this dating is not limited in accordance with the provisions of article 128. (2) the national courts or other competent bodies, by the European Patent authorities a request for the conduct of the inquiry, carried out in the name of the institution and their jurisdiction allowed the collection of necessary inquiries or other legal action. 132. article publication Exchange (1) the European Patent Office and the Member States ' central industrial property authorities, upon request, supply to each other free of charge, one or more copies of the publication for internal use. (2) the European Patent Office may conclude agreements on Exchange or supply of publications. Chapter III representation article 133 of the General principles of representation (1) in accordance with part 2 conditions no person procedures provided for in the Convention is not to be represented by a professional representative. (2) natural and legal persons having their domicile or business location is in one of the Member States, all the procedures provided for in the Convention, except for the filing of the European patent must be represented by a professional representative; The rules may provide for other exceptions. (3) natural and legal persons having their residence or business location is in one of the Member States, the procedures provided for in the Convention, may be represented by an employee, who need not be a professional representative but who must have the mandate set out in the rules of procedure. Regulations may provide whether and under what circumstances such an employee of a legal person may also represent other legal persons which the company location is in one of the Member States and which has economic links with the first legal person. (4) Regulations may provide for special conditions to the common representation of the parties acting jointly. 134. Article Professional representatives (1) natural and legal persons provided for in the Convention procedures can represent the only professional members who have registered for that purpose by the institution of the European patent maintained list. (2) any natural person can be recorded on the list of professional representatives, if it meets the following requirements: (a) is a national of one of the Member States; (b) the business or place of employment is located in one of the Member States; (c) has passed the examination. (3) in the list of records made on request, accompanied by certificates attesting that part 2 of these requirements have been met. (4) persons whose names are on the list of professional representatives shall be entitled to act in all the procedures provided for in the Convention. (5) the professional representative for the purpose of carrying out the work of each person who is registered in the list contained in part 1 are entitled to professional equipment, a place in one of the Member States, in which you can take for a Convention, taking into account the control Protocol to the Convention. To refuse this right the State institutions can only be the case if it provides for the public security, the maintenance of law and order. Before any such refusal is necessary to consult with the President of the European Patent authorities. (6) the President of the European Patent authorities in special cases can be exempted from part 2 (a) compliance with the requirements. (7) the professional representation in proceedings referred to in the Convention, in the same way as professional members can also make each Member State legally qualified person with a professional place of business is in that State, to the extent as it has allowed this country to act as a representative in patent matters. 5. parts of this article apply mutatis mutandis. (8) the Board may adopt regulations that establish: (a) the qualification criteria and the amount of training required to be admitted to the European qualifying examination candidates to sort and manage this examination; (b) the establishment of the Institute of professional representatives and recognition based on the European qualifying examination results or in accordance with part 7 of article 163 regulations; (c) disciplinārpasākum, by the Institute or the European Patent Office. Part VIII the impacts of national rights chapter I converter national patent application article 135 requests for the application of national procedure (1) referred to the central industrial property authority apply to the national patent granting procedure only after the European patent at the request of the applicant or owner, and in the following cases: (a) if the European patent application is deemed to be withdrawn under article 77 5 or 162 of part of article 4; (b) other national laws in the cases where the European patent application is rejected or withdrawn or is deemed to be withdrawn if the European patent is revoked in accordance with the Convention. (2) a request for conversion shall be submitted within three months from the date on which the European patent application has been withdrawn or the notification of the application for withdrawal of treatment, or after the decision on the refusal of the patent application or the date of notification of the decision on the withdrawal of the European patent. 66. The Convention referred to in article 1 ceases, if the request is not filed within the time limit. 136. Article Submission Request and transfer (1) a request for conversion shall be submitted by the European Patent Office and shall specify the Member States in which wants to use the national patent granting procedure. The request shall be deemed not to have been filed until the conversion fee has been paid. European Patent Office forwards the request together with a European patent application or patent cases in the Member States a copy of the central industrial property offices referred to in the request. (2) where the applicant has stated that the European patent application shall be deemed withdrawn under article 77 5, the application must be filed at the central industrial property office which has been applied for. That authority, subject to the interests of national security, transmit the request together with a copy of the European patent application directly to Member States ' central industrial property offices referred to in the application. 66. The Convention referred to in article ceases if such transfer is not effected for twenty months from the filing date or, where priority is claimed, from the priority date. 137. Article conversion formal requirements (1) forwarded to the European patent application shall not apply national law formal requirements that are different from or in addition to those which are provided for in the Convention. (2) each central industrial property office to which the application has been transferred, may require that the applicant within a time limit which shall be not less than two months: (a) pay the national application fee; (b) submit the original text of the European patent application and, where applicable, the European Patent Office filing the application, as amended, during the translation of the text in one of the official languages of the Member State where the applicant wishes to submit to the national procedure. Chapter II withdrawal and right of priority article 138 grounds for Annulment (1) in accordance with article 139 of the European patent may be cancelled only on the basis of the law of the Member State, which is the force on its territory, with the following reasoning: (a) if the European patent is not patentable objects under article 52 to 57; (b) if the European patent does not describe the invention so clearly and completely to a connoisseur could implement without inventors inventions further innovation; (c) if the European patent is the object for more than the amount of the object of the application or, if a patent that is granted by dedicated patent application or a new application in accordance with article 61, the scope is wider than the earlier proposed bid amount; (d) if the protection conferred by the patent has been extended; (e) if the European patent is not entitled to the owner in accordance with article 60 of part 1. (2) if the grounds for revocation affect the patent only partially, revocation shall be notified to the relevant patent restriction form. If national law allows, the limit established in the amended claims, description or drawings in the form. Article 139 of the same date or Earlier rights (1) each Member State to the European patent application and European patent relating to a national patent application and a national patent has the same precedence as a national patent application and a national patent. (2) for the national patent application and a national patent in respect of a European patent, which is specified in that Member State, shall have the same force of law as a priority in respect of national patents. (3) each Member State may determine whether and on what conditions an invention, which is described in the European patent application or a patent, and national patent application or patent of the same filing date or, where priority is claimed, with the same priority date, can be simultaneously protected by both patent applications or patents. Chapter III miscellaneous provisions article 140 national utility models and use certificates Convention, 66, 124-137.135 and 139. articles apply to appropriate models and use the certificate registered or deposited in the Member State where the law provides for such models or certificates. 141. Article charges for the maintenance of the European patent in force (1) European patents maintenance fees may be charged only for the years that followed those years referred to in article 86. (2) all fees, which fall within the period of two months after the publication of the report interval on the European patent the award shall be considered paid within the time limit, if they are made in this interval. National legislation provided for an additional fee. Part IX SPECIAL contracts article 142 Single patents (1) Every member of the group in accordance with a special agreement, which provides that the European patent granted in respect of those countries, there is a single character in their territories, may provide that as regards these countries granted only single European patent. (2) this part apply groups of Member States that have accepted the procedure referred to in part 1. Article 143 of the European Patent institutions specialized departments (1) a group may ask the European Patent Office with the additional tasks. (2) for the purpose of a group of Member States asked for additional tasks, the European Patent Office may establish specialised departments. These specialised departments headed by the President of the European Patent authorities; Article 10 part 2 and 3 shall apply mutatis mutandis (mutatis mutandis). 144. Article representation activities in specialized departments of the Member group may establish special rules for party representation in the activities of the departments referred to in article 143. 145. Article designated Committee of the Administrative Council (1) the Group of Member States may establish a designated Committee to oversee article 143, part specialized Department; European Patent Office handed the staff, premises and equipment necessary for its tasks. The President of the European Patent authorities are responsible for the operation of specialised departments designated by the Administrative Board to the Committee. (2) the Committee designated for the composition, powers and functions of the Group of Member States. 146. Article special task costs if the European Patent authority shall be assigned an additional task in accordance with article 143, a group of Member States to bear the costs of the Organization of such tasks. If the European Patent establishment is specialized departments created this additional task group staff, premises and equipment costs. 39. Article 3 and 4, and article 47 shall apply mutatis mutandis (mutatis mutandis). 147. Article single patents maintenance fees if a member group is defined by a common European patent valid maintenance fee scale, part 1 of article 39 in the proportions of the invoice on the basis of the common scale. the single patent apply to part 1 of article 39 the minimum size. 39. Article 3 and part 4 applies mutatis mutandis (mutatis mutandis). Article 148 the European patent application as an object of property (1) apply article 74 if a group of Member States otherwise. (2) a group of Member States may conclude a special agreement for the European patent application, the transfer of the mortgage and any other legal activities with those of all the Member States of the group to which these countries have indicated. 149. Article specifying the common State (1) a group of Member States may provide that these countries are specified only together and that one or some of these national identification is considered a member of the group. (2) where the European Patent Office has specified the authority of article 153 part 1 of this article within the meaning of part 1 applies, the international application if the applicant has indicated that he wants to get a European patent in one or in several groups in the Member States. The same shall apply, if the applicant in the international application specified by one member of the group, which the national law provides that, for this country has the same meaning as the application to grant the European patent. The x part of the international APPLICATION under the PATENT cooperation treaty the Patent Cooperation, article 150 of the Treaty (1) 19 June 1970 Patent Cooperation Treaty, further Cooperation agreements, applied in accordance with the provisions of this part. (2) in accordance with the Cooperation Agreement submitted to the international application filing may be the European Patent Office. In these cases, apply the provisions of that agreement, a supplement to the Convention. Conflict-of-laws cases cooperation shall apply the provisions of the Treaty. Also, the request for the submission of the expertise of international applications in accordance with article 94 of the Convention 2. parts does not end before the deadline set in the agreement on the Cooperation in article 22 or 39. (3) the international application for which the European Patent Office acts as a designated or designated authority, is regarded as the European patent application. (4) where the Convention makes reference to the Cooperation Agreement, it is also a reference to the rules of the Treaty. Article 151 the European Patent Office as a receiving Agency (1) the European Patent Office may act as the authority, the Cooperation Agreement 2 (xv). meaning of article for those applicants who are nationals of the Member States of the Convention, the permanent residents or who in the country is the location in which the cooperation agreement has entered into force. (2) the European Patent Office may act as authority, also in those cases where the applicant is a citizen or permanent resident, or in the country is a permanent location, which are not party to the Convention, but which is a cooperation agreement and which has concluded a contract with the Organization, the European Patent Office acts as the authority, the national authorities of that country in accordance with Cooperation instead. (3) with the prior consent of the Administrative Council of the European Patent Office may act as any other requested authority to the applicant, on the basis of the contract between the Organization and the world intellectual property organization's International Bureau. 152. Article international filing and transfer (1) if the applicant for the international application on his own authority to choose the European Patent Office, he shall submit the application directly to the European Patent Office. However, part 2 of article 75 shall apply mutatis mutandis (mutatis mutandis). (2) where the international application is filed with the competent central industrial property authorities, the Member State concerned must take all necessary measures to ensure the application of the transfer to the European Patent Office in time for the last able to execute cooperation conditions laid down in the contract for the transfer of the application. (3) For each international application transfer transfer fee must be paid within one month from the date of receipt of the application. Article 153 of the European Patent Office as a designated authority (1) the European Patent Office acts as a designated authority Cooperation Agreement 2 (XIII). meaning of article they The Convention's Member States in which the Cooperation Agreement has entered into force and which is indicated in the international application, if the applicant notifies the recipient of the international application, that he mentioned the Member States wish to receive European patent. The same rule shall apply if the applicant in the international application indicating the Member State in which the national law provides that the designation of that State means an application for a European patent. (2) if the European Patent Office acts as a designated body, its inspection department is competent to adopt decisions which provide for Cooperation in the Treaty article 25, part 2, point (a). Article 154 of the European Patent Office as an international authority in patentmeklējum (1) the European Patent Office acts as an international institution Cooperation Agreement patentmeklējum the meaning of chapter I applicants who are nationals of the Member States, permanent residents, or that these countries have a permanent location, which the cooperation agreement has entered into force, in accordance with the agreement concluded between the Organization and the world intellectual property organization's International Bureau. (2) the European Patent Office with the prior consent of the Administrative Council acts as patentmeklējum institution for other applicants in accordance with the agreement between the Organization and the world intellectual property organization's International Bureau. (3) the Board of appeal is competent to decide on protests against the applicant for a European Patent institutions requested additional fees in accordance with the Cooperation agreement article 17 part 3 (a) of paragraph 1. Article 155 of the European Patent Office as international primary inspection authority (1) the European Patent Office acts as a primary institution of international inspection cooperation chapter II means those applicants who are citizens of the Member States, permanent residents, or that these countries have a permanent location, which in chapter II above has entered into force, in accordance with the agreement concluded between the Organization and the world intellectual property organization's International Bureau. (2) with the prior consent of the Administrative Council of the European Patent Office acts as a primary institution of international inspection of all other applicants in accordance with the agreement between the Organization and the world intellectual property organization's International Bureau. (3) the Board of appeal is competent to decide on protests against the applicant for a European Patent institutions requested additional fees in accordance with article 34 of the Cooperation Agreement part 3 (a) of paragraph 1. Article 156 the European Patent Office as a designated authority in the European Patent Office acts as a designated authority Cooperation Agreement 2 (xiv). meaning of article, if the applicant has chosen one of the countries referred to in article 153 part 1 or part 2 of article 149, chapter II of the said agreement has entered into force. With the prior agreement of the Administrative Board of the same rules apply if the applicant is a citizen or permanent resident with a permanent location is in this country that is not party to the agreement or which are not bound by chapter II of this agreement, provided that the applicant is the person to whom the Patent Cooperation Union Assembly decided, in accordance with article 31 of the Cooperation Agreement, part 2, point (b), be allowed to submit a request for international expertise in the primary. 157. Article international patentmeklējum report (1) without prejudice to paragraph 2 through 4 of the conditions, the international patentmeklējum report in accordance with article 18 of the Cooperation Treaty or any declaration in accordance with article 17, part 2, points (a) and its publication in accordance with article 21 of the Treaty on European patentmeklējum report and the notice of their publication in the European patent bulletin. (2) part 3 of the Administrative Council referred to in the decision: (a) in addition to the European patentmeklējum report prepared for all international applications; (b) the applicant pays the fee at the patentmeklējum national fee laid down in article 22 of the Cooperation Agreement in part 1 or part 1 of article 39. If the fee has not been paid to the patentmeklējum period, the application shall be deemed withdrawn. (3) the Administrative Council may decide when and to what extent: (a) you can do without the additional report of the European patentmeklējum; (b) patentmeklējum fees can be reduced. (4) the Administrative Council may at any time cancel the decisions adopted in accordance with article 3. 158. article publication of the international application, and its delivery to the institution of the European Patent (1) the publication of the international application, in which the European Patent Office is the designated authority in accordance with article 21 of the Cooperation Agreement also means the publication of the European patent application, and it will be announced in the European patent bulletin. However, such an application is not considered art article 54 parts means that if not met, part 2. (2) an international application the European Patent must be supplied to the authority in one of its official languages. Cooperation Treaty, article 22, part 1 or part 1 of article 39 of the said national fee the applicant must pay to the European Patent Office. (3) if the international application is published in a language other than the official language of the European Patent authority, the authority shall publish the application delivered under part 2. In accordance with article 67 part 3 temporary protection provided for in article 67 and in part 2, in force from the date of this publication. Part XI transitional provisions article 159 of the Administrative Council of the transition (1) part 1 of article 169 in those countries means their own representatives to the Board; The Administrative Council of the Government of the Federal Republic of Germany the invitation shall meet not later than two months after the entry into force of the Convention, in particular so that would mean the President of the European Patent authorities. (2) the first Chairman of the Administrative Council of the Office of lead time is four years from the entry into force of the Convention. (3) the two first elected Board members is the execution time of five and four years from the entry into force of the Convention. 160. Article recruitment during the transitional period (1) until such time as the terms of service will be accepted for permanent employees of the European Patent authorities and the conditions of employment of other servants, the Administrative Council and the President of the European Patent authorities, each within the framework of its mandate, shall adopt the necessary staff and shall conclude on their short-term contracts. The Board may issue a general recruitment principles. (2) during the transition period, which shall be fixed by the Administrative Council, the consultation with the President of the European Patent institutions of the enlarged Board of appeal and the members of the boards of appeal may mean technically or legally qualified for national courts and authorities of the Member States, who may continue their activities in the national courts or authorities. They can mean up to five years, but not less than one year. They can be mean. 161. article first reporting period (1) the Organization's first reporting period is from the date of entry into force of the Convention to the same December 31. If the effective date falls in the second half, the first reference period shall be extended until the following December 31. (2) for the first reporting period of the budget must be adopted as soon as possible after the entry into force of the Convention. Until such time as the organisation receives 40. first budget provided for in article contributions, Member States may, at the request of the Administrative Board and its priekšiemaks must be made within the time limit set, which will be deducted from their respective contributions in this budget. Priekšiemaks is determined in accordance with the scale referred to in article 40. 39. Article 3 and part 4 applies mutatis mutandis (mutatis mutandis). 162. Article European Patent institutions scope (1) European patent applications may be submitted from the date determined by the Administrative Board of the European Patent on the recommendation of the President of the authority. (2) the Administrative Council of the European Patent on the recommendation of the President of the authority may decide that the date referred to in paragraph 1 of the European patent application review will be limited. This limitation may relate to certain technical sectors. However, in any case, the examination is carried out on the date of the European patent application. (3) If part 2 is adopted in the decision of the Administrative Council may not be restricted by further examination of the application. (4) where a European patent application can not continue in part 2 of those limitations, the European Patent Office shall notify the applicant and points to the possibility of requesting the Application Converter. After receipt of such notification by the European patent application shall be deemed withdrawn. 163. Article Professional representation in the transitional period (1) during a transitional period, which shall be determined by the Administrative Board, having regard to article 134, part 2, the conditions of each individual can be recorded on the list of professional representatives if the following conditions are met: (a) he is a national of a Member State; (b) her company or business location is in one of the Member States; (c) they shall be entitled to represent natural and legal persons of the Member State of patent matters before the central industrial property office which is located in her business or employment. (2) on request, make the list of records that you added to the central industrial property authorities issued a certificate that States that part 1 of these conditions are met. (3) if any of the Member States part 1 (c) the rights referred to in paragraph 1 is not associated with a specific professional qualifications, then these persons asking the country recording the activities on this list patent cases national central industrial body, should be worked in this area for at least five years. However, the person whose rights professional to represent natural or legal persons in patent matters in one of the Member States ' central industrial property authorities in accordance with the laws of this country are not officially recognised, applied the requirement of practical working. In this case, the central industrial property authorities issued the certificate must state that the applicant on entry in the list matches one of the requirements referred to in this paragraph. (4) the President of the European Patent authorities may grant exemption from: (a) part 3 of the requirements mentioned in the first sentence, if the applicant furnishes proof that he has acquired the requisite qualification in another way; (b) part 1 (a) the requirements of paragraph 1 in specific cases. (5) the President of the European Patent institutions may be exempt from part 1 (a) of requirements, if the applicant has complied with part 1 (b) and (c) the requirements of paragraph 5 October 1973. (6) a Person to whom a company or country that joins the Convention is less than one year referred to in paragraph 1 before the end of the transitional period if it occurs after the expiry of the transitional period may, in accordance with parts 1 to 5 terms to be recorded on the list of professional representatives within one year from the date of entry into force of the accession Convention in that country. (7) After the expiry of the transitional period, any person whose name is entered on the list of professional representatives during this period, you can stay in this list or request it be restored, despite article 134 8. parts referred to in point (c) disciplinary measures if it runs part 1 (b), the requirements of point. Part XII closing questions 164. Bylaws and protocols article (1) of the rules of procedure, the Protocol on recognition, the Protocol on the privileges and immunities the Protocol on centralisation and the Protocol on the interpretation of article 69 is an integral part of the Convention. (2) in cases of conflict between the provisions of the Convention and the rules of the rules of procedure, applicable to the provisions of the Convention. 165. Article signing — ratification (1) countries that took part in the Intergovernmental Conference on the establishment of the European system of patents, or award of the States, which was informed of this Conference and was invited to take part in it, the Convention is open for signature until 5 April 1974. (2) the Convention shall be subject to ratification; the instruments of ratification shall be deposited to be the Government of the Federal Republic of Germany. Article 166 (1) accession to the Convention may accede to: (a) part 1 of article 165 of the said countries; (b) in any other European country, when it invited the Administrative Council. (2) any State which is a party to the Convention and had ceased to be in accordance with part 4 of article 172, can again become a member by joining it. (3) the instruments of accession shall be deposited in the Government of the Federal Republic of Germany. 167. Article disclaimers (1) each Member signing or ratification, or accession can only be done at the time of the reservations referred to in part 2. (2) each Member State can talk right, which requires that: (a) the European patent if they granted protection for chemical, pharmaceutical or food products as such, in accordance with the law applicable to national patents, not force or is void; This disclaimer does not apply to the protection granted by the patent for the production of chemical products or techniques, or to use pharmaceutical or food production techniques; (b) the European patent if they granted protection to agricultural or horticultural techniques, with the exception of article 53 (b), provided for in paragraph 1 in accordance with the law applicable to national patents, not force or is void; (c) European patents is shorter in duration than twenty years in accordance with the law applicable to national patents; (d) they shall not be bound by the Protocol on recognition. (3) every Member State is no longer in force, reservation for ten years from the entry into force of the Convention. However, if a Member State has made a reservation as referred to in part 2 (a) and (b) in paragraph 1, the Administrative Council that State may extend this period by a maximum of five years for all or part of the reservations made, if the State submits a request, make sure that motivated the Management Board of this country cannot do without these reservations, not later than one year before the ten-year period. (4) every Member State which has made reservations, withdraw as soon as possible in the circumstances. Withdrawal shall be made by the Government of the Federal Republic of Germany addressed to the notice, and shall enter into force one month after the receipt of such notification. (5) the reservations that had been made by reference to 2 (a), (b) or (c) shall apply to European patents granted on the basis of the European patent application, which is submitted to the time period in which these reservations are valid. These reservations are in force throughout the duration of the patent. (6) any reservation shall cease to have effect with the first sentence of paragraph 3 in the end of this period, or if the time limit is extended, the extended deadline, without affecting the part 4 and 5 of these conditions. 168. Article area of application (1) any Member State in its instrument of ratification or accession, or may declare in writing to notify the Government of the Federal Republic of Germany at any time after the above events that the Convention is applicable in one or more of its external territories, for which that State is responsible. The European patent granted in respect of such a Member State shall apply to the territories in which the notice is in force. (2) if the Declaration referred to in paragraph 1 is the instrument of ratification or accession, it shall enter into force on the same date as the ratification or accession; If the Declaration is lodged after notification of ratification or accession, such notification shall take effect six months after the date of the Government of the Federal Republic of Germany receives this notification. (3) any Member State may at any time declare that the Convention shall cease to apply in respect of some or all of the territories for which it was notified in accordance with paragraph 1. Such a declaration shall take effect one year after the date on which the Government of the Federal Republic of Germany receives this notification. 169. the entry into force of article 1 (1) the Convention shall enter into force three months after the last one submitted six instruments of ratification or accession, which in General was presented in 1970 at least 180 000 applications. (2) Any ratification or accession that takes place after the entry into force of the Convention, shall enter into force on the first day of the third month after the instrument of ratification or accession. 170. Article initial participation (1) each State ratifying or acceding to the Convention after its entry into force, made the initial contribution to the organisation, which is not refunded. (2) the original contribution is 5% of the amount calculated in accordance with the scale referred to in article 40 in parts 3 and 4, as the percentage of the specific participation of other Member States contributions in the previous reporting period, which was prior to the date when the national instrument of ratification or accession takes effect. (3) in the case of the special contribution of the previous report of the immediate period before the date referred to in paragraph 2 is not required, this scale of participation referred to is the scale that would be applicable to the country in the last year for which special contribution is required. 171. Article Convention time this is in support of the Convention. 172. article review (1), of the Convention may be reviewed by the Conference of the Member States. (2) the Conference shall be prepared and shall be convened by the Management Board. The Conference is valid if it is represented by at least three quarters of the Member States. The revised text adopted by a three-quarters who participated and voted by the Conference of parties. Abstinence is not considered a vote. (3) the revised text shall enter into force when ratified or acceded as Member States as is determined by the Conference, and within a time limit which is established by the Conference. (4) Member States which have not ratified or acceded to the revised text of the Convention when it enters into force, cease to be a member of the Convention from that time. 173. Article disputes between Member States (1) any dispute between Member States on the application of the existing Convention which is not settled by negotiation shall, at the request of one of the Member States, submit to the Administrative Council, which shall make every effort to reach an agreement between the States concerned. (2) If such agreement is not reached within six months, since the Board is familiar with this dispute, each of the States concerned may apply to the International Court of Justice (International Court of Justice), whose decision is final. 174. Article denunciation Any State may at any time denounce the Convention. Notice of denunciation must be submitted to the Government of the Federal Republic of Germany. The denunciation shall take effect one year after receipt of such notification. 175. Article maintenance of acquired rights (1) if the State ceases to be a party to the Convention in accordance with article 172 part or article 174, the Convention already acquired rights are not affected. (2) the European patent application, which is in the process of examination, the time when the specified State ceases to be a member of the Convention, the European Patent Office continues to review, and as far as that country do the same as if the Convention after an examination should apply in this country. (3) part 2: conditions for a European patent for which the dates referred to in this paragraph are filed and are pending objection or objections deadline has not yet passed. (4) the provisions of this article are without prejudice to each State that has ceased to be a member of the Convention, the right to examine any European patents under the Convention the text of its was. 176. Article former member financial rights and responsibilities (1) each State which ceases to be a party to the Convention in accordance with article 172, part 2, or in article 174, the specific contribution which it had made in accordance with article 40, part 2, released only in the term and the conditions under which the Organization released the special contribution to the other Member States in the same reference period. (2) part 1 of that country after it ceases to be a member of the Convention, continue to pay provided for in article 39 of the maintenance of the European patent, which remains in force in the country, at the rate in force on the date when the State ceased to be a member of. Article 177 (1) of the Convention language Convention, drawn up in one original copy in the English, French and German languages, with each text in these languages are equally authentic, shall be deposited in the Federal Republic of Germany in an archive. (2) the text of the Convention, drawn up in the official languages of the Member States, which are different from those referred to in part 1, upon approval of the Administrative Council are regarded as official texts. In cases of conflict arising from different interpretations of the text, the text referred to in part 1 are authentic texts. 178. Article transfer and notifications (1) the Government of the Federal Republic of Germany shall establish a certified copy of the Convention and shall be forwarded to the signatory or acceding countries. (2) the Government of the Federal Republic of Germany declares in part 1 Governments: (a) any signature; (b) the instrument of ratification or accession deposited by submission; (c) each reservation referred to in article 167 or the withdrawal of a reservation; (d) each declaration or notification received in accordance with the conditions laid down in article 168; (e) the date of entry into force of the Convention; (f) any denunciation received each, in accordance with article 174, and following the effective date of denunciation. (3) the Government of the Federal Republic of Germany shall register the Convention with the Secretariat of the United Nations. In witness whereof the undersigned, being duly authorized, have submitted their powers, which are recognized as valid and appropriate design, have signed this Convention. Executed in Munich one thousand nine hundred and seventy-third year in October on the fifth day of the month.  

Protocol on the interpretation of article 69 of the Convention adopted by the diplomatic conference in Munich for the European patent granting system in 1973 on October 5, article 69 of the Convention should not be interpreted as meaning that the protection conferred by European patents are understood to literally and directly derives from the word meaning in the claims, description and drawings using only the claims of the current uncertainty. It should also be interpreted as meaning that the claims serve only as a guideline and that the actual protection can extend to what the patent owner, taking into account expert views on the description and drawings, is intended to protect. On the contrary, it is interpreted as the middle position is located between these two extremes, which simultaneously gives a fair protection for the owner of the patent, and a reasonable degree of certainty for third parties. The Protocol on jurisdiction and the recognition of decisions concerning the right to grant European patents (Protocol on recognition) adopted in 1973 October 5, section I. Jurisdiction in article 1 (1) the courts of the Member States in accordance with article 2 to 6 have jurisdiction to decide claims against the applicant the right to grant a European patent in respect of one or more Member States, of the European patent application. (2) for the purposes of this Protocol, the term "Court" shall include authorities which, in accordance with national laws, the Member States have jurisdiction to decide (1) the requirements referred to in part. Each Member State shall notify the Patent authority for each such authority that has been assigned to that jurisdiction, and the European Patent Office shall inform the other Member States. (3) for the purposes of this Protocol, "Member State" means the Member State which has not waived the application of this Protocol in accordance with article 167 of the Convention. 2. in accordance with article 4 and article 5, if the European patent applicant's place of residence or place of business is located in one of the Member States, legal proceedings against him suggests that State Court. 3. in accordance with article 4 and article 5, if a European patent the applicant's place of residence or place of business is not in one of the Member States, and where the party filing the claim on the right to the European patent, the residence or place of business is in one of the Member States, the latter courts have exclusive jurisdiction. Article 4 in accordance with article 5, if the European patent application object is a worker's invention, the courts of the Member State whose law shall determine the right to the European patent Convention in accordance with article 60 (1) the second sentence of the paragraph, there is exclusive jurisdiction in the court case between the employer and the worker. Article 5 (1) if the parties to the dispute about the right to a European patent shall reach an agreement, written or oral, but with written confirmation that the particular court or courts of a Member State to decide the dispute, then the State Court or courts have exclusive jurisdiction. (2) However, if the parties are the workers and the employer (1) subparagraph shall apply only if the national legislation allows the work of such agreement. Article 6 shall not apply in cases where no 2 to article 4 or article 5 (1), the Federal Republic of Germany, the courts have exclusive jurisdiction. Article 7 the Member States, which have been submitted to the requirements referred to in article 1, on its own initiative decide whether they have jurisdiction referred to in article 6, 2. Article 8 (1) in the case where the courts of different Member States proceedings between the same parties on the same requirements, the Court in which the claim is made later, on its own initiative, may decline jurisdiction in favour of the Court in which the claim is made in the past. (2) in the case the jurisdiction of the Court in which the claim is made in the past, is challenged, the Court in which the claim is made later, may suspend the proceedings until the court first adopted a final decision. (II) section. Recognition of article 9 (1) in accordance with article 11 (2) part of the conditions of the final decision of each Member State on the right to the European patent granted in respect of one or more European patent application specified countries to admit, does not require compliance with the special procedures in the other Member States. (2) the jurisdiction of the Court whose decision is to be recognised, and this decision cannot be appealed. 10. Article 9 of the Protocol. Article (1) does not apply if: (a) the applicant for a European patent who has not challenged the claim, prove that the documents on which the proceedings are opened, not him officially and announced sufficiently in advance so that he could defend themselves; or (b) the applicant demonstrates that this decision is in conflict with another decision taken legal proceedings in the Member State between the same parties, and who had started before the proceedings in which the decision is to be recognised. Article 11 (1) in relations between Member States, the provisions of this Protocol shall prevail over any other contrary conditions of the Treaty on jurisdiction and recognition of judgments. (2) this Protocol shall not affect the implementation of other agreements between a Member State and a country which is not bound by this Protocol. Protocol on the European Patent Organization privileges and immunities (Protocol on privileges and immunities) adopted in 1973 October 5, article 1 (1) the Organization's premises are inviolable. (2) the State in which the Organisation, officers may not enter the premises without authority the President of the European Patent's consent. Consent shall be deemed to have been received by the fire or other accidents that require immediate action. (3) measures of the service and any other procedural measures the Organization's premises, which is the cause of the proceedings against the organization is not a privacy violation. Article 2 the Organization's archives and any other belonging to it or its holding documents are inviolable. Article 3 (1), its official Charter, is not subject to the judiciary and the enforcement of judgments, with the exception of: (a) to the extent that the organization is definitely waived such immunity in a particular case; (b) in the case where a civil claim is submitted by third parties for damages resulting from the Organization of or belonging to the transport workers caused traffic accident, or from traffic offence, which has been involved in such a means of transport; (c) the enforcement of an arbitration award in accordance with article 23. (2) the property and assets of the Organization, regardless of their location is immune from requisition, confiscation, expropriation and sekvestrēšan. (3) the Organization's property and assets shall enjoy immunity from every form of administrative or temporary restrictions, except to the extent necessary in connection with the transport accident investigation or prevention, which belongs to the organization or running of its tasks. (4) the meaning of this Protocol, the Organization's official activities are activities that are strictly necessary to its administrative and technical activities, which is provided for in the Convention. Article 4 (1) of their official actions in the sphere of organization, its property and income are not subject to direct taxes. (2) if the Organization important purchases of their activity, the price of which includes taxes and Government fees, Member States must take the necessary measures for the Organization laid off or repay the amount of the tax and stamp duties. (3) the tax and duty exception does not apply to State duties and taxes, which is not greater than the payments for public services. Article 5 Organisation of exported or imported goods for its official activities are not subject to import or export the State duties and fees, excluding charges or taxes for services rendered, and is not subject to any kind of import or export prohibitions and restrictions. 6. Article 4 and the exceptions referred to in article 5 shall not apply to the employees of the European Patent authorities to personal purchases or imports objects. Article 7 (1) the Organization owned, acquired or imported in accordance with article 4 or 5, cannot be sold or transferred otherwise than under the conditions laid down by the Member States for exemptions. (2) a thing or service transfer between different buildings of the Organization shall not be subject to any restrictions or subject to any charges; where appropriate, Member States shall take all necessary measures to check in or repay these charges, or to remove these restrictions. Article 8 publication and other information material forwarding by the organization or by the receiving organisation is not in any way limited. Article 9 Member States shall grant the Organization the privilege of exchange procedures, necessary for the exercise of its official activities. Article 10 (1) each Member State shall grant the Organization the same favor for official communications and the transmission of all their documents, as other international organisations in the country. (2) the official communication of the organization is not under censorship, regardless of the type of communication. Article 11 Member States shall take all necessary measures to facilitate the European Patent Organization entry, stay and exit. Article 12 (1) of representatives of the Member States, representatives of the substitute, their advisors and experts, if any, of the Board or other bodies established for the meetings during the visits and your travel time to and from such meetings, enjoy the following privileges and immunities: (a) immunity from arrest or detention, forfeiture of personal luggage, except when it is established law infringement, attempts to commit an infringement or irregularity has already been done; (b) immunity from jurisdiction, even after the end of his visit, for oral and written transactions conducted in the discharge of its functions; such immunity shall not apply traffic rules in the event of an infringement, if the offender is one of the persons mentioned above, as well as in the case of damage caused by the vehicle, which belongs to that person or which is running such a person; (c) all official documents and material integrity; (d) the right to use the keys and to receive documents or correspondence by special courier or sealed bag; (e) their own and their spouse exemption from all measures restricting immigration and from aliens registration exemption formalities; (f) the same facilities in the case of the currency and its exchange control which is granted to representatives of foreign Governments on temporary official visits him. (2) paragraph (1) referred to the privileges and immunities are granted rather than personal advantage, but in order to ensure the full independence of the function implementation that is associated with the organization. Accordingly, Member States are required to waive the immunity in all cases where the discretion of the Member State, such immunity obstructs justice and unless they can be waived without harm to the purpose for which it was granted. Article 13 (1) of the European Patent Office the President, in accordance with article 6, enjoy the same privileges and immunities, which are assigned in accordance with the diplomatic staff of 18 April 1961, the Vienna Convention on diplomatic relations. (2) the immunity from jurisdiction does not apply if the President of the European Patent authorities have committed a traffic offence or caused injury to a vehicle which belongs to him or that he has led. Article 14 of the European Patent Office employees: (a) even after the end of the contract remain immune from jurisdiction for acts performed by them in the performance of their service, both in writing and orally; immunity does not apply to the traffic offence if it is committed by employees of the European Patent authorities, as well as the case has suffered damage caused by means of transport that belong to the employee or what has led the employee; (b) is exempted from military service; (c) is applicable to all of her materials and documents to the official immunity; (d) the same incentives and exemptions for the immigration and alien registration rules, which usually are assigned to staff of international organisations; the same applies to the members of their families forming part of their households; (e) has the same privileges of the Exchange rules, which are usually granted to staff of international organisations; (f) the same repatriation facilities, which are assigned to the diplomatic staff of international crises; the same applies to the members of their families forming part of their households; (g) have the right to import duty-free treatment of their furniture and personal things, launching the first service in the country concerned, and finally the service in the country, has the right to duty-free treatment to export their furniture and personal things, subject to conditions which the Government of the State in the territory of which such rights are used, consider necessary, and subject to this country for the expropriation of property, if provided for by that country's export ban. Article 15 experts on behalf of the Organization carry out any functions or participate in the Organization Roadshow visits, to the extent necessary for the performance of their function, which is also carried out during the trip and visit, enjoy the following privileges and immunities: (a) even after the end of their contract with the Organization, they remain immune from jurisdiction for acts performed by them in the performance of their service, both in writing and orally; immunity does not apply to the traffic offence if it is done, as well as experts in the case have suffered damage caused by means of transport that belong to the expert or what has led the expert; (b) all official material and document integrity; (c) exchange facilities required to transfer their reward. Article 16 (1) of this Protocol article 13 and 14 of the persons referred to in the Organization paid base salary and bonuses are taxed for the benefit of the Organization in accordance with the period of one year from the date of entry into force of the Convention, the Administrative Council established rules and conditions. From the date on which apply these taxes, the base salary and bonuses are exempt from national income tax. Member States may, however, to tax on income from other sources, the report said the income from salary and bonus amounts. (2) this article (1) shall not apply to pensions and pension insurance fees paid by the Organization to its former employee of the European Patent authorities. Article 17 for employee categories that fully or partially applied the conditions of article 14 and article 16, and an expert on categories that apply to the provisions of article 15, shall be decided by the Administrative Council. Member States are notified periodically of these categories of employees and experts credited the names, positions and addresses. Article 18 if an organization creates its own social insurance scheme, the Organization and the European Patent Organization are exempt from compulsory national social insurance contributions on the basis of agreements with the Member States in accordance with article 25. Article 19 (1) of this Protocol, the privileges and immunities that are not intended for employees of the European Patent authorities or experts carrying out activities on behalf of the Organization, gain personal advantages. They are intended solely to under no circumstances impede the functioning of the Organization, as well as to ensure their full independence. (2) the President of the European Patent authorities are obligated to deny immunity if he considers that such immunity obstructs normal proceedings and that, on the absence of such immunity is not detrimental to the interests of the organisation. The Board may refuse to grant immunity to the President on the same basis. Article 20 (1) the Organization shall always cooperate with the competent authorities of the Member States to facilitate the proper administration of Justice, to ensure the provision of police and public health rules, labour inspection or other similar national labor laws and to prevent any abuse of the privileges referred to in the Protocol, imunitāš and relief. (2) paragraph (1) in this part you can adjust the cooperation referred to in article 25 of the additional agreements. Article 21, each Member State shall retain the right to take all the necessary precautions in the interests of their security. Article 22 no Member State is not obliged to apply article 12, 13, 14 (b), (e) and (g) and article 15 (c) the privileges and immunities referred to: (a) its citizens; (b) persons who, when they perform the functions vested in the Organization, this country is domiciled and any other intergovernmental organization whose staff is included in the organization. Article 23 (1) any Member State may submit to the international arbitration any dispute regarding the organization or employees of the European Patent authorities or experts who perform these tasks if the organization or its employees and experts requested a privilege or immunity referred to in the Protocol, in circumstances where such immunity has not been rejected. (2) If a Member State going to submit the claim to arbitration to resolve the dispute, it shall notify the President of the Administrative Council, who in turn inform the other Member States. (3) (1) of this article, the procedure referred to in paragraph shall not apply to disputes between the Organization and its staff or experts on professional regulations or conditions of employment or, in the case of employees, of the rules of the pension scheme. (4) The arbitration award to submit an appeal can not, it is final; It is binding upon the parties. In the case of a dispute on the importation or the level of remuneration, it is the duty of the Tribunal to explain the request of any party. Article 24 (1) of the Protocol referred to in article 23, the Tribunal shall consist of three members, one arbitrator means the country or countries that are party to the dispute, one arbitrator shall mean the Administrative Council and the third arbitrator, who is also Chairman of the means above the first two arbitrators. (2) the arbitrator shall be selected from the group consisting of not more than six arbitrators, which is indicated by each Member State, and of the six arbitrators, which is designated by the Administrative Board. This group is created as soon as possible after the entry into force of the Protocol, and to report each time it is needed. (3) If, within three months of article 23 (2) of the notification referred to in part a party not named (1) referred to arbitrators, the arbitrators appointment by the request of the other party can do, President of the International Court of Justice, choosing from these groups. This provision shall also apply where the request of one party in the case, within one month from the date of the appointment of the second arbitrator, the first two arbitrators fail to agree on the appointment of the third arbitrator. However, in these two cases, if the President of the International Court of Justice does not have the opportunity to make a choice or if he is one of the parties to the dispute referred to public citizen, the appointment shall be made Vice President of the International Court of Justice, provided that he himself is not involved in a dispute in the State; in the latter case, the appointment of the arbitrators shall be a member of the International Court of Justice, who is not involved in the dispute in the State and that this action is chosen by the President or Vice President. The applicant State may not choose for arbitrator, if he has indicated to the Board, or such a citizen can be included in the Administrative Council and appoint a group from this group, if they are stated in the requirements iesniedzējvalst. The above categories of persons may not be selected as the Chairman of the Arbitration Board. (4) the Tribunal shall draw up its own rules of procedure. Article 25 organization may, upon the decision of the Administrative Council to conclude with the amendment of one or more Member States, which makes the provisions of the Protocol applicable in the country or countries, as well as to conclude other contracts that ensure the effective functioning of the Organization and to protect its interests.
The Protocol on the centralisation of the European patent system and on its introduction (Protocol on centralisation) adopted 5 October 1973 in article I (1) (a) on the entry into force of the Convention, its Member States, which is also in accordance with the Hague on 6 June 1947 the Treaty established the International Patent Institute, the Member States shall take all measures necessary to ensure that the International Patent Institute's assets and liabilities, and the entire staff of the European Patent Office not later than the Convention. Article 162 (1) of the specified date. Such a transition is marketed in accordance with the agreement between the International Patent Institute and the European Patent Organisation. The above mentioned countries and the other States parties shall take all measures necessary to ensure the implementation of this agreement not later than the date referred to in article 162 (1). With the implementation of this agreement the International Patent Institute's Member States that are also parties to the Convention undertake further terminate your membership of the Hague Agreement. (b) of the Convention, Member States shall take all necessary measures to ensure that all assets and liabilities, receipts and International Patent Institute staff recruitment office the European Patent in accordance with subparagraph (1) (a) of this agreement. Tasks left binding international Patent Institute at a time when the Convention is open for signature by the Member States, in particular those made by its Member States, whether or not they become parties to the Convention, and notes that countries that at the time when the Convention enters into force, is simultaneously the International Patent Institute and a member of the European Patent Convention, began filling the entry into force of the Convention, and this contract execution takes over the branch at the Hague. In addition, the European Patent Organisation's Administrative Council this branch can ask additional responsibilities in the area of patentmeklējum. (c) the obligation referred to above shall apply mutatis mutandis to the assisting authority constituted under the Hague Agreement at terms that are defined in the agreement between the International Patent Institute and the Government of that Member State. That Government undertake to conclude a new agreement with the European Patent Organization already existing contract in place with the International Patent Institute to harmonise the rules on the establishment, operation of the assisting authority and funding to the provisions of this Protocol. (2) in accordance with the provisions of article III and IV of the Convention of their central industrial property authorities withdraw all actions they take as the Patent Cooperation Treaty, the international patentmeklējum for the good of the authorities of the European Patent Convention, as from the authority of article 162 (1) of the said date. (3) (a) in Berlin (West) is created for the European Patent institutions assisting authority European patent application patentmeklējum for the performance from the date mentioned in article 162 of the Convention (1). It works under the direction of the branch at the Hague. (b) The Administrative Council shall determine the duties of the assisting authority in Berlin for patentmeklējum reasons, and general European Patent institutions claim in context. (c) at least progressive the European Patent authorities at an early stage of activity, carried out the work that the assisting authority, must be sufficient to German Patent authorities Berlin Branch expert staff that work at the time when the Convention is opened for signature, should be fully employed. (d) the Federal Republic of Germany shall bear all the European Patent Organisation of additional costs incurred in establishing and maintaining the Berlin the assisting authority. In accordance with article II and article IV III conditions States parties their central industrial property authorities withdraw all actions they take as the Patent Cooperation Treaty, the international primary institutions, expertise for the good of the European Patent Office. This obligation shall apply to the extent that the European Patent Office the ability to examine the European patent application in accordance with the provisions of the Convention in article 162 (2), and it does not apply to two years from the date of the European Patent Office started its inspection activities in the technical sectors in accordance with the five-year plan that will gradually extend the authority of the European Patent in all the activity sectors and which technique can only be amended by a decision of the Administrative Council. The implementation of this obligation shall be determined by decision of the Administrative Council. Article III (1) each State party shall, where the official language is different from the European Patent institutions the official languages of the central industrial property authority is entitled to act as the Patent Cooperation Treaty, the international patentmeklējum authority and as an international primary inspection authority. This right is subject to certain restrictions in the country concerned to carry out such activities only in respect of international applications submitted by nationals or permanent residents, or neighbouring countries, which are also parties to the Convention, nationals or permanent residents. The Administrative Council may empower each State party of the central industrial property office to expand these activities in relation to international applications which are submitted by the citizens and permanent residents who are not party to the Convention and that the official language is the same as the Member State concerned and which are written in this language. (2) in order to harmonise Patent Cooperation Treaty patentmeklējum the European patent granting activities in the framework of the system should be implemented in cooperation between the European Patent Office and the powers referred to in this paragraph the national central industrial property offices. This collaboration implements a special contract, which is defined in the above search procedure and methods, training and qualification of experts, patentmeklējum and other service exchange framework, as well as other measures to ensure control and supervision. Article IV (1) (a) to facilitate the Convention of the national patent authorities of the alignment with the European patent system, if appropriate, the Board may, in accordance with the following conditions to entrust the national central industrial property offices of filing is one of the European Patent institutions the official languages of the European patent application expertise, which is written in language which, in accordance with article 18 of the Convention (2) would normally be entrusted to inspection department member. This task must be carried out in accordance with the procedure provided for in the Convention; the decision on such applications takes expertise Department composition, as referred to in article 18 (2). (b) (1) of this article in part these tasks cannot make more than 40% of all European patent applications submitted; the quantity of tasks entrusted to one country, may not exceed one third of the entire European patent application submitted. These tasks are for a period of 15 years from the date of the European Patent Office started its operation, and is gradually reduced (based on a 20% each year) to zero period over the last five years. (c) taking into account the provisions of point (b), the European patent application the nature, origin and the number of the Administrative Council shall decide which Member State the central industrial property Office may examine the applications concerned. (d) the above procedure shall be determined in a special agreement between the Member State concerned, the central industrial property office and the European Patent Organisation. (e) the authority that owns this particular contract, can work as Patent Cooperation Treaty international primary inspection authority for 15 years. (2) (a) to facilitate the difficulties which certain Member States may cause (2) the conditions of part, the Board may delegate to a European patent application patentmeklējum for the Member State to the central industrial property office whose official language is one of the European Patent institutions official languages if this authority is qualified as Patent Cooperation Treaty international patentmeklējum authority where it considers that this is compatible with the European Patent institutions functioning properly. (b) this work is a responsibility of the European Patent Office, the central industrial property authorities guided by the guidelines applicable to the European patentmeklējum to compose a message. (c) this article (1) (b) of part 2 of the sentence and paragraph (d) of paragraph 1 apply to this paragraph. Article v (1) of article I of the Protocol (3) (c) the assisting authority referred to in paragraph 1 shall have the power to take the action in the patentmeklējum documentation, which is the official language of the country, in which the assisting authority, the European patent application which is submitted by nationals and permanent residents. Such authorisation is granted, provided that the European patent grant procedure will not be delayed and no fee European Patent Organisation will not be collected. (2) paragraph (1) referred to the assisting authority is authorised to carry out patentmeklējum by the request of the applicant and charge them the applications referred to in the documentation (1). Such authorisation is in effect up to 92 of the Convention referred to in article patentmeklējum are extended in accordance with article VI, to embrace this documentation and in order not to hinder the European patent grant procedure. (3) the Board may extend the (1) and (2) this authorisation in accordance with the conditions referred to in these points also to the Member States ' central industrial property offices of the official language of the European patent is not one of the official languages of the institutions. Article vi of the Convention referred to in article 92 shall be patentmeklējum in principle can be extended to all European patent applications published patents, published patent applications and other similar documents of the Member States, which are not included in the patentmeklējum European Patent authorities to article 192 of the Convention (1) the date of application. The amount of each such extension, the conditions and terms determined by the Administrative Board, on the basis of the technical and financial aspects of the research. Article VII of the Convention if the contrary to the rules applicable to this Protocol. Article VIII of the Protocol decision of the Administrative Council shall be adopted by a three-quarters majority vote (article 35 of the Convention, part 2). The application of the provisions of the distribution of votes referred to in article 36 of the Convention.

Convention on the European patent grant procedure of implementation adopted 1973. October 5, last amended by European Patent authorities of the Administrative Council of 13 December 2001 decision part I part I of the Convention the IMPLEMENTATION of chapter I of the rules of procedure of the European Patent institutions language 1. Derogations from the provisions of the rules concerning the filing of written language procedures (1) Written procedures, the European Patent Office any party may use any official language of the European Patent Office. Article 14 of the Convention referred to in part 4 of the translation may be filed in any of the European Patent institutions official languages. (2) the amendment of the European patent application or European patent in the language of their records. (3) the documents used as evidence the European Patent Office, special publications, may be filed in any language. However, the European Patent Office may require to submit this document translation in one of the official languages within a time limit which shall not be less than one month. 2. in derogation from the rules for filing language oral proceedings (1) each party in oral proceedings at the European Patent Office may, in place of the language of proceedings, use one of the other official language of the European Patent Office, if that party shall notify the European Patent Office with at least one month before the date on which the oral procedure must be such, or if it provides a translation in the language of the proceedings. Similarly, each party may use one of the official languages of the Member State, if it provides a translation in the language of the proceedings. The European Patent Office may permit derogations from the provisions of this paragraph. (2) the oral proceedings, the European Patent Organization filing languages can use one of the other European Patent institutions official languages. (3) in the case of taking of evidence each party, witness or expert to be heard and which cannot be adequately expressed in one of the institutions of the European Patent or the official languages of the Member State, you can use another language. If you need to decide on the taking of evidence of such a filing party, then the party, witnesses or experts to be heard and which can not be expressed in one of the EPO official languages, authority may be heard only if the party who has requested it, provides a translation in the language of the proceedings; The European Patent Office may, however, permit the translation also its in one of the other official languages. (4) if the parties and the European Patent Office agreed, in oral proceedings may use any language. (5) if necessary, the European Patent Office itself out and pay for a translation in the language of proceedings, or, where appropriate, with the other in its official language, if such a translation is not the responsibility of one of the parties. (6) the European Patent Organization, the filing party and the statements of the witnesses and experts during the oral procedure, in one of the EPO official languages authorities are recorded in the minutes in the language in which they are made. Statements in any other language the official language in which they are translated. A European patent or a European patent application description or claims the amendments entered in the minutes in the language of the proceedings. 3. rule (deleted) rule 4 dedicated European language of the application in order or the European applications article 14, part 2, in the cases provided for in this application must be submitted to the earlier translations of European patent application filing. 5. certification of translation rules of the European Patent Office in cases where a translation of the documents may be required to submit a certificate of conformity to the original translation. The deadline for the submission of the certificate by the authority. 6. time limits and terms discounts (1) article 14 of the Convention, in part 2 of the said translation shall be submitted within three months from the filing of the European patent application, but not later than thirteen months from the priority date. However, if the translation refers to the European application or part 1 of article 61 (b) above a new European patent application, then the translation in any case may be submitted within one month from the date of application. (2) article 14 of the Convention referred to in part 4 of the translation shall be submitted within one month from the date of submission of the document. If this document is a statement of opposition or appeal, the translation submission deadline extended to opposition or appeal period ends. (3) an application, objection or appeal, examination fee discount is allowed accordingly the applicant, holder or opponent, covered by article 14 of part 2 and 4 choice. The discount is fixed in the rules relating to fees as a percentage of full charge rates. 7. the provisions of the European patent application the legal authenticity of translations unless evidence to the contrary, the European Patent Office for the purpose of determining whether the European patent application or the European patent does not exceed the originally submitted to the European patent application volume, it can be assumed that the article 14 in part 2 of this translation corresponds to the original text of the application. Chapter II European Patent authorities structure 8. Patent Classification (1) the European Patent Office shall be used: (a) under the European Patent Convention article 1 of 19 December 1954 Invention of international classification of patents pending the entry into force on 24 March 1971 Strasbourg Agreement concerning the international patent classification; (b) in accordance with article 1 above, the classification of the Strasbourg Treaty after its entry into force. (2) Further reference to part 1 classification referred to mean a reference to the international classification. 9. the rule that the assignment of responsibilities among the departments of first instance (1) the President of the European Patent authorities to establish Patentmeklējum Department, Inspection Department and the opposition Division. He determined that the obligations of the Department in accordance with the international classification and, where appropriate, decide upon the European patent application or European patent classification under that classification. (2) the additional obligations that are imposed on the European Patent Convention, the President of the authority can determine the applications sector, Patentmeklējum Department, Inspection Department, the opposition divisions and the Legal Department has other responsibilities. (3) the President of the European Patent authorities may entrust to employees who are not legally or technically qualified experts, individual duties that fall within the expertise of the Division of responsibilities or objections which are not technically or legally complicated. (4) the President of the European Patent authorities can ask to determine the obligations of article 104, part 2 of the fee referred to in only one of the registry of the opposition Division. 10. the rules of procedure of the boards of appeal (1) the Presidium of the boards of appeal organisational unit is self contained institution (the Presidium of the boards of appeal), which consists of the Vice-President responsible for the Board of appeal, who serves as Chairman, and twelve members of the boards of appeal, of which six are Chairman and six other members. (2) All the members of the Bureau shall appoint the Chairman and members of the boards of appeal to one year. If the Bureau can not be fully supporting measures, vacant areas means Chairman and senior members. (3) the Presidium of the boards of appeal shall adopt rules of procedure and the selection of its members and of the rules of procedure of the appointment. In addition, the Bureau will give tips on the boards of appeal responsible for Vice President on matters relating to the functioning of the boards of appeal at all. (4) before each working year the extended Bureau, which includes the President of the boards of appeal, the allocation of responsibilities. Having the same composition shall decide disputes about it this Division of tasks between two or more boards of appeal. The extended Bureau means the various Appeal Boards of the permanent members and their substitutes. Any member of the Board of appeal may refer to more than one member of a Board of appeal. These measures, if necessary, be amended during the working year. (5) the Bureau may adopt decisions only at least five of its members are present; among these members must be on the boards of appeal responsible for Vice President or Vice-President and two chairs of the boards of appeal. 4. issues decision may only be taken in the presence of nine members, among whom shall be responsible for the boards of appeal or the Vice President and three Deputy Chairmen of the boards of appeal. Decisions shall be taken by majority vote; in the event of parity of votes the Chairman or his representative voice is decisive. Abstention is not considered as voting. (6) the Administrative Council may split between the boards of appeal article 134 part 8 (c) the obligations referred to in paragraph 1. 11. the Board of appeal extended the distribution of responsibilities and its procedural rules (1) before the beginning of each working year the extended members of the boards of appeal that have not been designated in accordance with article 160, part 2, means an enlarged Board of appeal of the permanent members and alternates. (2) the enlarged Board of appeal members that have not been designated in accordance with article 160, part 2, adopt extended the rules of procedure of the boards of appeal. (3) 1 and decisions referred to in paragraph 2 may only accept questions at least five members, among which must be extended to the President of the boards of appeal or his representative; in the event of parity of votes the Chairman or his representative voice is decisive. Abstention is not considered as voting. 12. provision of the European Patent Office (1) the administrative structure of the Inspection Department and the Department are grouped together, creating a Directorate whose number is determined by the President of the European Patent authorities. (2) the Directorate, the Legal Department, the Board of appeal and enlarged Board of appeal, as well as the European Patent institutions administrative services is administratively grouped together, creating a Directorate General. Applications sector and Patentmeklējum divisions are administratively grouped together, forming a single Directorate-General. (3) is headed by a Vice President. The appointment of the Vice-President of Directorate-General Manager carries out the Administrative Board after consultation with the President of the European Patent authorities. Part II PART II of the implementation of the Convention's rules of procedure chapter I procedure if the applicant or patent owner is not entitled to the patent or European patent application rule 13 suspension of Proceedings (1) If a third party presents to the European Patent Office with evidence that it has launched proceedings against the applicant with a view to reaching a verdict that the person recognised as entitled to the European patent, European Patent Office patent procedure suspended unless a third party does not agree that the procedure can continue. Such consent must be submitted in writing to the authority of the European Patent; It is not undoable. However, the procedure for the award of a patent can not be stopped before the publication of the European patent application. (2) if the European Patent authority records the right to the grant of the European patent is submitted to a final judgment, the European Patent Office shall notify the applicant and the other parties of the resumption of the proceedings for the grant of the patent, from the date that is specified in the notice, unless you have submitted part 1 of article 61 (b) referred to in the new European patent application in respect of all designated member States. If the judgment is in favor of a third party, the proceedings may be resumed only after a period of three months from this judgment becoming final unless the third party asks to restart the procedure. (3) the decision on the suspension of the proceeding or following a decision of the European Patent Office may set a date on which it intends to continue the proceedings without regard to the applicant of the proceedings undertaken as mentioned in part 1. This date shall be notified to the third party, the applicant and other parties. If that date is not evidence that a final judgment has been passed, the European Patent Office may continue proceedings. (4) If a third party Patent authority shall submit evidence that it has launched legal proceedings against the owner of the European patent with the intent of getting the judgment that this person is entitled to the patent, the opposition procedure or during the opposition period, the European Patent Office suspended the opposition proceedings, unless a third party disagrees with this interpretation. Such consent must be communicated in writing to the authority of the European Patent; It is not undoable. However, the suspension of the proceedings cannot be done until then, as the opposition Division has decided on the adoption of the opposition. The provisions of paragraph 2 and 3 shall apply mutatis mutandis. (5) the proceedings for the suspension cease all deadlines, which are in effect on the date of the suspension, other than renewal fees are due. Remaining term resumes run from the day on which the proceedings are resumed; However, the term remaining after the resumption of proceedings may not be less than two months. 14. the provisions of the European patent application the possibility of withdrawal limits from the time when a third party provides proof of European Patent authority that it has launched legal proceedings about the right to a European patent, and up to the date of the resumption of the European Patent Office European patent grant proceedings, neither the European patent application or of a Member State, the indication may not be withdrawn. 15. rule Entitled persons new to the European patent application (1) If a person with a final judgement is recognised as being entitled to the European patent, submit a new European patent application under part 1 of article 61 (b) point original European patent application shall be deemed withdrawn date of the new application for those in the Member States in which the judgment has been given or acknowledged. (2) the application fee and a fee for new patentmeklējum the European patent application must be paid within one month from the date of application. Specify the State fee must be paid within six months from the date on which the European Patent Bulletin is published in the notice of patentmeklējum message new European patent application. (3) the European patent application tālākvirzīšan, referred to in article 77 and part 5, the new European patent application is four months from the date of the actual application. 16. the rule of law, the transition after a partial final judgment (1) If a final judgment that the third person is entitled to a part of the object, described in the European patent application, this part shall apply to article 61 and rule 15. with the changes. (2) those Member States that indicated the final judgment is given or where it is accepted, the original European patent application contains claims, description and drawings that are different than the rest of the Member States. (3) in the case where a third party in accordance with part 5 of article 99 shall be replaced former owner in one or a few Member States, indicated in the patent to the extent that it is recognised in the opposition procedure, the content for these countries claims, description and drawings which are different from the rest of the Member States. Chapter II the inventor of mentioning a rule specifying 17 Inventor (1) the inventor of the request to grant the European patent. However, if the applicant is not the inventor or is not the sole inventor, instructions must be submitted as a separate document; This document must indicate the inventor (s) name (s), name (s) and full (s) address (s), as well as the notification referred to in article 81, and document the signature the applicant or its representative. (2) the European Patent Office does not verify the accuracy of the reference to the inventor. (3) if the applicant is not the inventor or is not the sole inventor, the Patent authority shall notify the inventor of the instructions specified in the document, the data concerning the inventor, as well as the other article 128, part 5. (4) applicant and inventor cannot refer to part 3 of the notification referred to in or on any errors in it. 18. the provision of publication mentioning the inventor (1) a Person who is designated as the inventor, is referred to as such in the published European patent application and European patent specification, unless that person has been informed in writing by the European Patent Office that it renounces the right to be mentioned. (2) in the case where a third party shall be submitted to the European Patent Office with a final decision by which the applicant for or proprietor of the patent is requested to indicate this person as the inventor, apply the provisions of part 1. 19. rule adjustment instructions (1) the inventor of erroneous instructions by the inventor cannot be edited, if the request has been submitted, accompanied by the consent of the person wrongly stated, and where such a request is not submitted by the European patent applicant or owner, with the consent of the persons mentioned. 17. the provisions of the rules of procedure shall apply mutatis mutandis. (2) in the case where faulty inventor is recorded in the register of European patents or published in the European Patent Bulletin, the following entry or publication must be right. (3) the provisions of part 2 shall apply mutatis mutandis to the withdrawal of the inventors was misspelled. Chapter III transitional law, licences and other rights registration 20. law of the transitional provisions (1) the right to a European patent application the transition record European patent register at the request of the person concerned, if it is submitted that the European Patent Office make sure that this transition has taken place. (2) the Request shall be deemed not to have been filed until the fee is paid to the administration. It can reject only part 1 of the non-compliance. (3) the European Patent law to the authority transition is valid only and only to the extent that it is based on part 1 of the documents required. 21. the provision of Licences and other rights (1) the provisions of the rules of procedure 20.1 and part 2 applies mutatis mutandis to the licensing or registration of the transition, the establishment or transfer of the right to the European patent application and of any judgment of the Court of Justice against the injunction with regard to such application. (2) the provisions referred to in part 1 of the registration of the request that you delete is deemed not to have been filed until the fee has not been paid to the administration. Such a request must be accompanied by a document that indicates that the right is lost, or a notice that the holder agrees to the deletion of the registration; a request may be refused only if these conditions are not met. 22. the rule in the special instructions for the recording of licenses (1) licence to a European patent application the European patent register entry in the register as an exclusive licence if the applicant and the licensee wants it. (2) the licence to the European patent application entered in the register of European patents as sublicenc, if it is granted by a licensee whose licence is recorded in the register. Chapter IV shows the certificate rule 23 exhibition certificate within four months from the date of the European patent application, the applicant must submit part 2 of article 55 of the certificate that is issued by the relevant authority of the exhibition that this exhibition has been responsible for the protection of industrial property, stating that the invention actually was displayed at this exhibition. This certificate must also contain news about the exhibition opening date and, if the display of the invention date does not coincide with the opening day of the exhibition, the first appearance of the day. This certificate Add invention identification feature, which certifies the authenticity of the above institution. Chapter v Earlier European application 23. provision applications as Earlier technical level the European patent application shall be considered State of the art under article 54 3 and 4 within the meaning of part only if paid fees to enter the country in accordance with article 79 part 2. Chapter VI Biotechnological inventions 23b. provision general provisions and definitions (1) European patent applications and patents on biotechnological inventions shall apply the relevant provisions of the Convention and its interpretation in accordance with the provisions of this chapter. 6 July 1998 Directive 98/44/EC on the protection of biotechnological inventions is used as an additional means of interpretation. (2) "Biotechnological inventions" are inventions which concern a product consisting of or containing biological material biological material, or to the techniques by which biological material is produced, processed or used. (3) "biological material" means any material containing genetic information and capable of pašreproducēt, or which can be reproduced in a biological system. (4) "plant variety" means a plant in one of the lowest set of botanical taxon, which, regardless of whether this set can be given the protection of the plant variety, may: (a) determine how a given genotype or combination of genotypes, the conditional expression of characteristics of (b) to distinguish it from other plants as a whole with at least one of the said characteristics, and (c) be considered one unit for fitness for propagation unchanged. (5) the plant or animal acquisition technique is essentially biological if it consists only of natural phenomena, such as inbreeding and breeding. (6) "Microbiological process" means a method involving a microbiological material, which is carried out by the microbiological material, or which arises in microbiological material. rule 23 c patentable biotechnological inventions in the Biotechnological inventions are patentable even if they concern: (a) biological material which is isolated from its natural environment or produced by a technical process, even if it has been before in nature; (b) the plants or animals, if the invention is not limited to the technical character of a particular plant or animal variety; (c) the microbiological or other technical process or a product obtained by such methods, other than plant or animal variety. 23d. provision is not patentable inventions under article 53 of the Convention, (a) the European patent does not grant the protection of biotechnological inventions, which above all relate to: (a) human cloning techniques; (b) human genetic modification of germ cells of information techniques; (c) the use of human embryos for industrial or commercial purposes; (d) modifying the genetic identity of animals, if they can cause suffering to animals without substantial medical benefit to man or animal, and also animals resulting with the following techniques. 23. the rule in the human body and its component parts (1) the human body in different stages of its formation and development, as well as one of its ingredients, simple detection, including full or partial gene sequences, cannot constitute a patentable invention. (2) the isolated from the human body or technical know-how acquired, including full or partial sequence of a gene, may constitute a patentable invention, even if this ingredient is identical in nature to the existing component. (3) the Patent application must disclose full or partial gene sequences industrial interoperability. Part III PART III of the Convention's rules of procedure chapter I the implementation of the European patent application rule 24 General requirements (1) European patent applications may be submitted in writing to 75 institutions referred to in article directly or by mail. President of the European Patent authorities can authorise the European patent applications with other means of communication and determine their terms of use. He can, above all, require that the authority of the European Patent is filed written proof such submitted content of the application, and which comply with the requirements of the rules of procedure. (2) the authority in which the European patent application is filed, the marked documents making up the application with the date of its receipt. It shall be issued without delay to the applicant a certificate containing at least the application number, the name of the documents submitted and the number and the date of their receipt. (3) if the European patent application shall be part 1 of article 75 (b), the authority referred to in paragraph 1, the authority shall inform without delay the European Patent Office for the receipt of documents that make up the application. It shall inform the European Patent Office concerning the nature of these documents and the date of receipt, the application number and priority date, if a priority is claimed. (4) When the European Patent Office receives European patent application transmitted to Member States ' central industrial property authority, it shall inform the applicant accordingly, indicating the date of receipt of the application the European Patent Office. 25. rule dedicated to European patent application conditions (1) the applicant may submit from any stage of the proceedings before the European patent application submitted to the distributed application. (2) Distribute an application fee and patentmeklējum fee shall be payable within one month from the date of the application. Specify the State fee must be paid within six months from the date on which the European Patent Bulletin is published in the European patent application distributed by the patentmeklējum message. Chapter II provisions relating to the application of rule 26 the application for the grant of the patent (1) the application for the grant of the European patent submitted through the form of the European Patent authorities. The form can be obtained free of charge, part 1 of article 75 of those institutions. (2) the application shall contain: (a) the request to grant the European patent; (b) the name of the invention, which clearly and concisely describes the invention's technical affiliation and does not contain fictional words; (c) the applicant's name, address and nationality, as well as the country in which the applicant's permanent residence or business location. Individuals indicates his surname and first name (s), the name should be written before the name (s). Legal persons as well as persons who are considered as such in accordance with the laws to which they are subject, must indicate their full name. The address must be indicated in such a way that they achieve the mailings. Addresses specify all required properties, including the house number, if any. Desirable to provide a telegraphic, telex addresses and telephone numbers; (d) the name and address of the representative in accordance with the conditions of paragraph (c), if the applicant has appointed one; (e) where appropriate, an indication that the application is voided, the European patent application and the earlier European patent application number; (f) in part 1 of article 61 (b) in the cases referred to in the original European patent application number; (g) where appropriate, a declaration claiming the priority of an earlier application, indicating that the earlier application, the date and the country in which or for which it was filed; (h) an indication of the Member State or Member States that wish to receive the protection of the invention; (i) the signature of the applicant or representative; (j) list of documents annexed to the application. In the list, you must also specify the description of the invention, the claims, the drawings and summary pages; (k) if the applicant is the inventor, it also must be specified. (3) If there are several applicants, the application should indicate one of them or representative as common representative. 27. the rule describes the content (1): (a) specify the technical sector to which the invention relates; (b) contain details of technical level, at the applicant's opinion can be useful for understanding the invention, the report of the European patentmeklējum and expertise, preferably with the source citation; (c) disclose the invention in such terms and words that you can understand the technical problem (even if not specifically named) and its solution, and indicates the advantages compared to the invention of the art; (d) if necessary, a brief description of the drawings display objects; (e) a detailed description of at least one way to implement the invention with the help of examples and references to the drawings, if any; (f) clearly indicates how the invention can be used in industry, where that is not obvious from the description or nature of the invention. (2) must be drawn up in the form and order as mentioned in part 1, unless the nature of the invention does not require it to be set out differently so understanding and better economy. 27. rule requirements for European patent applications containing nucleotide and amino acids are given sequences (1) if the European patent application discloses nucleotide or amino acid sequence, the description shall contain a sequence number, which correspond to the President of the European Patent authorities issued regulations for nucleotide and amino acids sequences standardized display. (2) the President of the European Patent authorities may require, in addition to writing applications for documents, sequences of notes under part 1 shall be submitted to him for certain media, together with the pavadpaziņojum that the information on the data carrier is identical to the notes submitted in writing. (3) if the applicant submits or right sequences of notes after the application date, then it must be submitted simultaneously to the notification that such submission or corrected sequence record contains data, which extends the scope of the initial application. (4) After the date of application submission sequence number does not constitute a part of the description. 28. provision for the deposit of biological material (1) if the invention involves the use of a biological material which is not accessible to the public and which cannot be described in the European patent application a to what could be implemented in the sector concerned, a connoisseur, then the invention is considered public in accordance with article 83, if: (a) a sample of the biological material is deposited in a recognized depository not later than the date of the application; (b) the application shall contain the applicant certain information concerning the characteristics of the biological material; (c) the application contains the depositary and deposited biological material assigned number, and (d) in the case of biological material is deposited by a person other than the applicant, the name and address of receipt is indicated in the application and the European Patent Office submitted a document that it considers sufficient authority to the applicant of the receipt, to refer to the deposited material in an application and an unlimited and irrevocable consent to the deposited material for issue under this provision. (2) the provisions of part 1 (c) and (d) where appropriate, the information referred to in paragraph 1 may be submitted (a) 16 months from the filing date or, where priority is claimed, from the priority date; This time limit shall be considered to have been observed if the messages are filed before the publication of the European patent application for the completion of the technical preparations; (b) until the date on which the application is made on the application of an accelerated publication; (c) within one month from the notification of the European Patent authorities to the applicant that is encountered in article 128 2. the rights referred to in part to familiarize yourself with the application. The deadline, which the source before. This notification message is considered the applicant an unlimited and irrevocable consent to the deposited biological material that is published in accordance with this rule. (3) the deposited biological material is publicly available to any person on the basis of the European patent application and the date of publication of article 128, part 2 of the parties before that date. In accordance with part 4 of the said article, this right is realized, the issue of the biological material deposited samples of the person making the request (hereinafter referred to as "the applicant"). This sample shall only be issued when the applicant has promised directly to the applicant or patent owner that this organic material or any of its derivatives will not disclose to third parties, and that this material will be used only for experimental purposes until such time as the patent application is rejected or withdrawn or deemed to be withdrawn, or before the patent term specified in the source country where it flows out at later, unless the applicant or patent owner does not notify the special waiver of such a promise. Promise to use only organic material for experimental purposes do not apply if the applicant uses this material on the basis of a compulsory licence. The term "compulsory licence" includes ex officio license and right to use the invention in the public interest. (4) Until the publication of the application to complete the technical preparations of the applicant may inform the European Patent Office, that (a) up to publication of the notice of the grant of the European patent or, where applicable, (b) for twenty years from the date of the application, if the application has been rejected, withdrawn or considered withdrawn, the availability to the public, referred to in part 3 is provided only by issuing a sample to an expert nominated by the applicant. (5) an expert may nominate: (a) any natural person provided that the requester submitting the request and evidence that the applicant has agreed to the nomination; (b) any natural person who, on the experts said the President of the European Patent authorities. With the nominations of experts should also be provided directly to the applicant, the Declaration in which it takes part 3 obligations referred to the date on which the period of validity of the patent in all sources listed countries or, if the application has been refused, withdrawn or deemed to be withdrawn up to 4 of part (b) the day referred to in paragraph; the applicant is considered a third party. (6) the provisions of part 3 means the biological material derivative means any material that has possess the qualities of the material deposited, which are essential for the implementation of the invention. 3. The provisions of this part do not interfere with commitments derived biological material for patent purposes deposits. (7) the rules referred to in part 3 of the European Patent application is submitted to the authority, using the authorities recognized form. The European Patent Office in this form certifies that the European patent application, which is a reference to deposited biological material, has been filed and that the applicant or the designated expert is entitled to receive a sample of the material. Even after the grant of the European patent application must be submitted to the European Patent Office. (8) the European Patent Office transmits a copy of the request with the proof referred to in part 7 the depositary and the applicant or patent owner. (9) the European Patent authorities, President of the European Patent shall be published in the official journal of the depositary authority list and a list of experts who are recognised as such in the rules of the said purposes. 28. the provision of a new biological material deposits (1) if the biological material deposited under rule 28 part 1, can no longer be obtained from the depositary so that: (a) it is no longer viable, or (b) the depositary is no longer able to supply the samples for other reasons, and if a sample of the biological material is not transferred to another for the purposes of rules 28 recognised depositary from which it is receivable, then break the availability of samples shall be considered not to have occurred If new originally deposited biological material is deposited in a deposit within three months from the date on which the depositary shall notify the receipt on the break, and if the receipt of the deposit slip copy that content to the European patent application or patent number which is issued by the depositary shall send to the Patent authority within four months of the effective date of the new deposit. (2) the provisions of part 1 (a) in the case provided for in paragraph 1 the new deposit must deposit at the depository, which supported the original deposit; 1. (b) in the case provided for in paragraph 1 it can deposit in another 28. for the purposes of the provisions of the recognised depository. (3) If a depositary, which were deposited the initial deposit ceases to be about 28. for the purposes of recognised depositary provisions in whole or as to the type of biological material, which owns deposited samples, or, if the depositary shall temporarily or definitively cease to perform functions in respect of deposited biological material and, if the notification referred to in part 1 of the depositary is not received within six months from such an event, referred to in part 1 of the three-month period shall start from the date of the flow in which case such notice is published in the European Patent authorities in the official journal. (4) at the same time with the new deposit receipt must be submitted a signed statement that the new deposit of biological material is the same as that originally deposited. (5) where the new deposit is deposited in accordance with the 1977 Budapest Treaty of April 28, on the deposit of micro-organisms of international recognition for the purposes of patenting is applicable, subject to the terms of this agreement. 29. rule petition form and content (1) claims define the object for which protection is sought, with its technical features. Whenever possible, the claim contains: (a) the invention was the home field of the object of the statement and its technical features which are necessary for the definition of the object of the claim, but the combination of which is art; (b) the introductory wording describing the part — "characterized in that" or "characterized by the fact that" — which the technical features which, in combination with (a) characteristics referred to in point is required. (2) in accordance with article 82 of the European patent application may contain two or more of the same category (product, process, or device usage) independent claims only if the object contains one of the following conditions: (a) contains many mutually related products; (b) relates to the product or device different applications; (c) contains specific problems alternative solutions, which is not easy to include as an alternative to one complaint. (3) each claims that define the essential features of the invention, you can follow one or more claims relating to the specific implementation of the invention. (4) Each, which includes all the claims of any other claims (claim in dependent) content, preferably in the introductory part, a reference to the other claims, and further define the additional features that require protection. A dependent claim is admissible even if the claims to which reference is made, directly depends on the claim itself. All dependent claims, which is a reference to one of the preceding claims, and all dependent claims that refer to several previous claims, the Group and the most appropriate way. (5) a petition must be reasonable, having regard to the nature of the invention. If there are several claims, they shall be numbered consecutively in Arabic numerals. (6) claims may not be a reference to the description or drawings except when absolutely necessary. For example, they will not have such references as: "as described in part ... of the description" or "as a show drawing no. ..". (7) if the European patent application contains drawings, claims that you can follow the signs referring to this indication labels that is given in the drawings in parentheses, if they increase the comprehensibility of the claims. These references can not be interpreted as a claim. 30. the rule of unity of Invention (1) if the European patent application contains claims to a group of inventions, the provisions of article 82 of the unity of invention are fulfilled only if these inventions have a technical connection that includes one or more of the same specific technical features. With "specific technical characteristics" should be understood in its invention of the features which characterize each invention contained in the application, as an object, the application is different from the existing art. (2) a judgment on whether a group of inventions is so linked that constitute a single General izgudrotājiecer, made, whether or not the invention is defined in separate claims or as alternatives within a single claim. 31. the provision charge for claims (1) each of the European patent application contains more than ten claims at the time of the application, in respect of each claim commencing with the eleventh pay claims fees. The claims fee must be paid within one month from the date of the application. If the claims fees are not paid within this time, you may want to pay one month of the announcement of this flaw. (2) If the claims fees is paid within the time limit specified in part 1, the petition shall be considered abandoned. Claims fee duly paid refunded only part 5 of article 77 of that case. 32. the rule in the form of drawings (1) drawings on pages can not exceed 26 x 17 cm square centimeters. Around the drawings must not contain frames. Minimum page margins are 2.5 cm from the top: 2.5 cm, 1.5 cm from the left edge of the right side of 1 cm from the bottom. (2) drawings must meet the following: (a) sustainable, black, sufficiently dense, uniform thick and clear lines, without colouring; (b) cross-sections marked with sloping parallel line deletion, which does not interfere with the main line and the word reading; (c) the drawing scale and resolution must be such that it electronically or photographically reproducing with the linear reduction of two-thirds, the details would be settled without difficulty; If, in exceptional cases, the scale is given on a drawing, it must display the graphic; (d) all numbers, letters and other distinctive signs in the drawing must be simple and clear; brackets, circles or inverted-commas with numbers and letters can not be used; (e) all line drawings usually perform with instruments; (f) one drawing elements must be proportionate, unless a different rate is required for clarity of the drawing; (g) the size of the numbers and letters shall not be less than 0, 32; Letter designators in drawings must be in Latin letters or, if it is adopted, with letters from the Greek alphabet. (h) one page can contain several drawings. If two or more sheets posted illustrations are meant as one, drawing, then to separate pages of drawings must be so positioned that the total figure should not create separate drawing obscuring parts. The individual drawings to be placed on the pages without unnecessary spaces, preferably a sheet longitudinally, clearly separated. If the drawing is not the longitudinal direction, they can be placed in a transverse direction with the top to the left edge of the page. Individual drawings must be numbered consecutively in Arabic numerals, independently of the numbering of pages. (i) reference signs not mentioned in the description shall not be represented in the drawings, and vice versa. Each attribute that has given the reference mark with the same sign should be made through the application. (j) the drawings must not contain text information, except in words, if it is absolutely necessary, such as "water," "steam," "open," "closed," "part TWO". Electric circuits and block diagrams, or process scheme cases are allowed short explanations for a better understanding of the drawing. Each word must be placed so that it can easily be replaced with its translation while still drawing the line. (3) the process diagrams and charts are considered drawings. 33. the rule summary form and content (1) the summary should indicate the title of the invention. (2) the summary should be a brief description, claims and drawings outlines; It should indicate the technical, to which the invention relates, and intelligible to define the technical problem and its solution in principle, provided the invention. If necessary, the summary may contain the chemical formula which best characterizes the invention. Summary of the invention is not to lay out a possible value and benefits. (3) a summary not longer want to write about 150 words. (4) if the European patent application contains drawings, the applicant must specify which of them or, in exceptional cases – which ones he wants to be published together with the summary. The European Patent Office may itself decide which picture to publish to it would be better to understand the invention. Every reference to the signs that are referred to in the summary and display picture, marked with an asterisk in parentheses. (5) the summary should be written so that it can be used as an adequate source of patentmeklējumo, which allows you to decide whether you need a more detailed look at the complete European patent application. 34. the rule Prohibited statements (1) a European patent application may not contain: (a) a statement or other statements, which are contrary to public policy (ordre public) or morals; (b) statements that violate another person's specific products or techniques, or who abuses another person in the application or patent, or force; comparison with the General State of the art as such is not considered a slur; (c) clearly redundant and irrelevant information. (2) if the European patent application contains part 1 (a) of paragraph forbidden utterances, the European Patent Office, publish the application, it will be released, indicating the name or the location and number of drawings. (3) if the European patent application contains part 1 (b) the statements referred to in paragraph 1, the European Patent Office, publish the application, you can skip them. It specifies the name of the site and the number and, upon request, send a copy of the text released. 35. the rule of general application documents (1) article 14 of the Convention, in part 2 of these translations is considered "documents that make up the European patent application". (2) the documents that make up the European patent application must be submitted in triplicate. The President of the European Patent authorities to define a smaller number of copies of the documents to be submitted. (3) the documents which make up the European patent application must be designed so that it is possible to direct or electronic reproduction, particularly scanning, photography, reproduction by electrostatic means, reproduction and microfilming ofsettehnik an unlimited number of copies. All pages must be free of folds, wrinkled and ieplīsum. You may use only one side of the page. (4) the documents which make up the European patent application, to be presented on A4 size (29, 7x21cm) flexible, strong, white, smooth, Matt and durable paper. 32. In accordance with the provisions of part 2 of paragraph (h) and the provisions of part 11 requirements, each sheet must be used for the vertical direction (with the narrow edge of the top and bottom). (5) every document which make up the European patent application (application description, claims, drawings and summary) to start a new page. The page must be connected Thus, to be easy to turn, to separate and reunite. (6) in accordance with rule 32 part 1 minimum free edges should be: 2 cm at the top left side of 2, 5 cm 2 cm at the bottom right side of the recommended maximum 2 cm free edges: top 4 cm left side right side 4 cm 3 cm 3 cm at the bottom.

(7) the European patent application Submitted documents, their edges must be completely empty. (8) all the pages that make up the European patent application must be numbered in sequence, with Arabic numerals. They should be written in the middle of the top of the page, without using the free edge. (9) it is desirable to describe and claim pages every fifth line numbering, posting numbers on the left side to the right of the free edge. (10) the application for the grant of a European patent, the description, the claims and the summary should be written with a typewriter or computer printed. Only graphic symbols and characters, as well as chemical or mathematical formulas, if necessary, you can write or draw with your hand. The distance between the rows should be 11/2. all text must be typed with a completely clear, dark characters whose large dimensions shall not be less than 0, 21cm. (11) an application for the granting of a European patent, the description, the claims and the summary must not contain drawings. The description, the claims and the summary may contain chemical or mathematical formulas. Description and summary may contain tables. The claims may contain tables only if they are desired if the nature of the invention. Tables and chemical or mathematical formulae may be placed in a transverse direction, if the page layout in the longitudinal direction of the interfering with legibility; tables, chemical or mathematical formulas on page to be placed in a transverse direction so that the top is on the left side of the page. (12) the physical size should be expressed in the internationally recognized units of measure, using SI units. Also the size that does not meet these requirements, must be expressed in international practice recognized units of measure. Mathematical formulas should use common symbols. Chemical formulas should use common symbols, atomic weights and molecular formulas and. In any case, to use technical terms, signs and symbols generally accepted in the field in question. (13) the European patent application must be used in common terminology and notation. (14) all pages, to avoid duplication of deletions, corrections, insertions and deletions. Non-compliance with the requirements of this rule, if the content is controversial and not authenticity impeded good reproduction. 36. the rule Later submitted (1) rule 27, 29 and 32 to 35. provision shall also apply to documents replacing the European patent documents making up the application. 35. rule 2 of the rules of procedure-part 14 shall also apply to the translation of the claims referred to in rule 51. (2) other documents other than those referred to in part 1 of the 1st sentence, usually written with a typewriter or computer printed. They must comply with the 2.5 cm wide at the left edge of each sheet. (3) all documents except the attachments that are submitted after the date of the European patent application must be signed. If the document is not signed, the European Patent Office shall invite the parties concerned to sign it within the authority. If a document is signed in due time, it retains the original date of receipt; otherwise it is deemed not to have been received. (4) if the following documents must be sent to other people, or if they relate to two or more the number of European patent applications or European patents, they must submit the number of copies. If the person in question, despite the request of the authority, the European Patent does not comply with this condition, the European Patent Office made a copy of the missing to this person's expense. (5) by way of derogation from paragraph 2 through 4, the President of the European Patent authorities may allow the documents that are submitted after the filing date, submit to the authority of the European Patent by other means of communication, and he determines the terms of use. Above all, he may request that his deadline, submit the following documents to a written confirmation sent, which is reflected in the contents of this document and which comply with the provisions of its rules of procedure; If such approval is not filed in due time, the document shall be deemed not to have been received. Chapter III maintenance fees 37. rule maintenance fee payment arrangements (1) European patent applications maintenance fee due date for the next year is the last day of the month in which falls the European patent application date. Maintenance fee may be paid not earlier than one year before the due date. (2) the fee shall be considered paid simultaneously with the maintenance fee under article 86, part 2, if it is paid within the time limit laid down in this article. (3) maintenance fees on the earlier application, which is due up to the date of release is submitted to the European patent application, to pay for the application until the last one is filed. These fees and all other maintenance fees due falls within four months from the date of the application, released during this period can pay at no extra charge. If payment is not made within a specified period, maintenance fees may still be entitled to pay within six months from the due date at the same time paying article 86, part of the fee. (4) If a new European patent application under part 1 of article 61 (b), the conditions of paragraph, maintenance fees for a year when they have actually been submitted and for all years, before this year, no pay. Chapter IV priority rules of priority 38. Declaration and priorities documents (1) the Declaration of priority under part 1 of article 88 must be reported in an earlier application date and the country in which or for which it was filed, and the application number. (2) the date of application and must notify the State, by the European patent application; application number must be communicated to the end of the sixteenth month from the priority date. (3) a copy of the application must be submitted by the end of the sixteenth month from the priority date. It must be the exact copy of the previous application that have been certified by the authority which adopted this application, and that this authority the certificate stating the filing date of the earlier. (4) a copy of the earlier application shall be considered to be duly filed if it is a copy of the European Patent, the authority may include the use of the European patent application in accordance with the President of the European Patent authorities issued regulations. (5) a translation of the earlier application, in accordance with article 88 of part 1 the conditions must be submitted to the European Patent institutions within a specified period, but not later than the article 51 in part. Or you can also submit a declaration that the European patent application is a complete translation of the previous application. 4. The provisions of this part shall apply mutatis mutandis. (6) the particulars specified in the Declaration of priority will be included in the European patent application and European patent specifications in publication. 38. the provision of priority documents issued at the request of the applicant, the European Patent Office shall issue a certified copy of the European patent application (priority document). The President of the European Patent authorities shall determine the order in which these documents are issued, also in the form of priority documents and the conditions to pay administration fees. Part IV PART IV of the Convention rules of procedure chapter I implementation of test applications sector 39. rule notice of submission of examination of accuracy if the European patent application does not comply with the requirements of article 80 applications sector advise the applicant of the deficiencies found, and inform the applicant that the application shall not be dealt with as a European patent application, if the deficiencies were not corrected within one month. If it will be done, the applicant will be notified of the date of the application. 40. the rule of individual technical requirements check the technical requirements to be met by the European patent application in accordance with article 91 (b) of paragraph 1 are the requirements that have been set for 27. 1. part 3, 32.1. and 2., part 35.2 to 11 and 14 and 36, rule 2 and part 4. 41. rule deficiencies of the application documents (1) If part 1 of article 91 (a) to (d) the test referred to in the European patent application is found defective, the receiving sector shall inform the applicant accordingly and invite the correct these deficiencies within the time limits laid down. The description of the invention, the claims and the drawings may be amended only to the extent that prevents the applications sector noted deficiencies. (2) part 1 of this rule shall not apply where the applicant claiming priority to, submit to the European patent application, the first application is specified by date or country. (3) the provisions of part 1 does not apply if the check reveals that the first application has been filed earlier than one year before the filing of the European patent application. In this case, the applications sector will inform the applicant that it will have the right to priority, unless the applicant within one month of the point correct the date falling within the period of one year before the date of the European patent application. 42. the rule Later identification of the inventor (1) If part 1 of article 91 (f) referred to in paragraph 1, on inspection, that an inventor is not named in accordance with the requirements of regulation 17, sector applications communicated to the applicant that, if the deficiency will be addressed in article 91, part 5, the application will be considered withdrawn. (2) the European patent application in Isolated or part 1 of article 61 (b) above in a new European patent application in case the deadline for naming the inventors may not drain out earlier than two months after the notification referred to in paragraph 1 of the date on which the time limit is imposed. 43. the rule Later submitted or missing drawings (1) If part 1 of article 91 (g) the inspection provided for in paragraph 1 finds that the drawings are submitted later than the date of the European patent application, the request shall notify the applicant of the sector that the drawings and references to them in the European patent application will be deemed deleted unless the applicant within one month of the application does not ask to change the date to the date of application of submission drawings. (2) If the check reveals that the drawings are not submitted, the applications sector the applicant shall invite them to submit within one month and shall inform the applicant of the filing date to the date when the change will be presented in drawings, or if the drawings will be submitted within the time limits, of the reference to those drawings from the application. (3) in each case the applicant shall be informed of the new date of the application. Chapter II of the rules of the European patentmeklējum the European patentmeklējum 44. message content (1) the European patentmeklējum the report mentions the European Patent authority, compose a new message and which may be taken into account in deciding whether the invention to which the European patent application, is new and match the level of invention. (2) each document contains a reference to the citējum claims to which it relates. If necessary, the corresponding quoted are identified in the document (for example, by indicating the page, the column and row, or chart). (3) the European patentmeklējum report cited documents are sorted by whether these documents have been published before the priority date, requested in the interim between the priority date and the filing date and the application date or after it. (4) Any document referring to an oral disclosure, use or any other form of publicity, which occurred before the date of the European patent application, the European patenmeklējum are mentioned in the report, together with an indication of the date of publication of this document and, if that, to date, when the above disclosure has occurred. (5) the European patentmeklējum report shall be drawn up in the language of the application filing. (6) the European patentmeklējum the message will contain the European patent application, the classification of objects according to the international classification. 45. rule patentmeklējum if incomplete chapter of Patentmeklējum considers that the European patent application does not comply with the requirements of the Convention to the extent that it is possible to perform a full patenmeklējum of the known state of the art in respect of some or all of the claims, it either announces that patenmeklējum is not possible, or draw up a partial European search report on the patentmeklējum part, which has been possible. This notice and the partial message is taken into account in the subsequent European application records as patentmeklējum. 46. the report of the European patentmeklējum in the event of non-compliance with the unity of invention (1) where section Patentmeklējum considers that the European patent application does not meet the criteria of unity of invention, it shall draw up a partial report of the European patentmeklējum the European parts of the patent application relating to the invention or group of inventions within the meaning of article 82, which claims are mentioned first. It shall notify the applicant that, if the European patentmeklējum report must be drawn up for the other invention, the applicant must pay an extra fee patentmeklējum for each subsequent invention the time limit is determined by the Patentmeklējum Division, and which may not be shorter than two weeks and more than six weeks. Patentmeklējum Division shall draw up a report for the European patentmeklējum the European patent application which relate to inventions in respect of which the fees have been paid patentmeklējum. (2) Each referred to in part 1 of the fee has been paid is refunded if inspection during which the European patent application shall take the examination Department, the applicant so requests and if the Inspection Department believes that in this part of the Declaration was not justified. 47. The final rule summary contents (1) simultaneously with the European patentmeklējum of the Patentmeklējum of the report Chapter determines the definitive text of the summary. (2) a summary of the final text is sent to the applicant together with a report of the European patentmeklējum. Chapter III European patent application publication rule 48. technical preparation for the publication (1) the European Patent Office the President shall determine the time at which the European patent application publications technical training will be considered complete. (2) the European patent application is not published if it is definitively rejected or withdrawn or is deemed to be withdrawn before the technical preparations for publication. 49. a provision in the European patent application publication and report of the European patentmeklējum (1) the European Patent authorities, President of the European patent application publication form and report that it should be included. The same applies to the European patentmeklējum report and summary, if published separately. The President of the European Patent authorities summary publication you can determine individual requirements. (2) the publication of the European patent application in the Member States are named. (3) If, before the publication of the European patent application in the preparation of the technical maturity of the claims have been amended under article 86, part 2 of the new or amended claims are included in the publication, in addition to the initial claims. 50. the provision of information about publication (1) the European Patent Office shall notify the applicant of the date on which the European Patent Bulletin will be mentioned in the report of the European patentmeklējum, and draws the applicant's attention to article 86 and part 3 requirements. (2) the applicant cannot rely on the statement referred to in paragraph 1 is not received. If the notification contains a date later than that referred to in the publication, the later date is the deadline for the submission of requests for expertise, unless this date is an error. Chapter IV inspection by the Inspection Department inspection procedure rule 51 (1) of article 1 of the Convention 96. the communication referred to in the European Patent Office offers the applicant, if it wishes, to submit comments on the report of the European patentmeklējum and amend, where appropriate, the description, claims and drawings. (2) in each article 96 in part 2 of this communication expertise Department, if it is appropriate to invite the applicant to correct the identified deficiencies and to amend the description, claims and drawings. (3) each article 96 in part 2 of this communication contain, where appropriate, a statement of all the reasons to justify that does not allow you to grant the European patent. (4) prior to the Inspection Department shall decide on the grant of the European patent, it shall send to the applicant, the text of which it intends to patent, and invited to pay patent fees for granting and printing, as well as to submit a translation of the claims into the two other European Patent institutions official languages other than the language of filing of the application, within the time limit, which may not be shorter than two months or more than four months. This period may be extended once for not more than two months, if the applicant so requests before the flow of this period. If the applicant within the time limit referred to in this pay fees and submit translations, believes that he has agreed to be granted the patent. (5) if the applicant part 4 requires within the time limit referred to in rule 86. do part 3 amendments referred to in rule 88 or error, referred to him, when amended or corrected petition must be submitted an amended or corrected translation of the claims. If the applicant within the time limit referred to in this pay fees and submit translations, believes that he has accepted the amended patent to be granted or amended text. (6) if the examination Department does not agree with the amendments or corrections made in accordance with part 5, before taking a decision, give the applicant the opportunity to submit specified period his observations and amendments chapter of expertise considered necessary, and the case is amended, the amended complaint claims the translation. If the applicant submitted the following amendments, believes that he has agreed to be granted patent amended text. If the European patent application is refused, withdrawn or deemed to be withdrawn, the fees for grant and printing of the patent, as well as the number of claims fees under Part 7 shall be reimbursed. (7) if the European patent application in which the text of the inspection Division intends to grant the European patent, contains more than ten claims, the Inspection Department shall invite the applicant to pay claims fees for each additional claim within the time limit specified in part 4, if one is not already paid this fee in accordance with the rules of 31, part 1. (8) if the fee for the grant of the patent, printing or claims not paid or if the translation is not filed within the statutory period, the European patent application is deemed to be withdrawn. (8a) where a national term of the charge source by part 4 of the notification referred to in the shipping, then a notice of the grant of the European patent is published, while specifying that State fee has not been paid. The applicant shall inform accordingly. (9) if the patent maintenance fee due after the source part 4 of the notification referred to in the shipping and before the next possible date of publication of the notice of the grant of European patents, this message is not posted until you have paid the patent maintenance fee. The applicant is notified accordingly. (10) the provisions of part 4 of the aforesaid statement indicates that the specified countries require part 1 of article 65 of the said translation. (11) the decision on the grant of European patents which the European patent application is based on the European patent granted. 52. the rules of the European patent granting various applicants If the European patent register different individuals is recorded as the applicant in different Member States, inspection division of the European patent granted in respect of each Member State, the person or persons who are registered as applicant or applicants in the country. Chapter v European patent specifications rule 53 European patent publications in the preparation of the technical specifications and the form of the Convention article 48 and article 49 1 and 2 shall apply mutatis mutandis to the European patent specification. The specification also contains a direction in which the term may submit objections to the European patent. 54. the provisions of the European patent certificate (1) as soon as the European patent specification has been published, the Patent authority shall issue to the owner of the patent in the European patent certificate, which is added to the patent specification. Certificate attesting the grant of the patent for the person on the invention described in the patent specification, the Member States indicated in the specification. (2) the patentee may request that it be issued European patent, a copy of the certificate of payment of the administration fee. Part v part V of the Convention IMPLEMENTATION of the rules of procedure, rule 55 content of objection objection contains: (a) the opponent's name, address and his permanent residence or the State of location of the company in accordance with article 26, subparagraph 2 (c) below; (b) the number of the European patent against which opposition has been filed, the patent holder, the name and title of the invention; (c) the notice of opposition and the basis on which the opposition is based as well as facts, evidence and arguments, which confirm these basics; (d) if the applicant has appointed a representative, the name and address of the place of performance in accordance with article 26, subparagraph 2 (c) of paragraph 1. 56. the rule of recognition of the opposition inadmissible (1) if the examination of the opposition Division finds that the objection does not comply with part 1 of article 99, paragraph 1, rule 1 and rule 55 (c) point or not appropriately identify the patent against which the complaint is filed, it shall recognise complaint inadmissible, unless the deficiencies are not remedied before the expiry of the objection periods. (2) if the opposition Division finds that the objection does not comply with other requirements other than those referred to in paragraph 1, it shall notify the applicant of the opposition and invite him to correct the deficiencies within the time limits laid down. If not corrected in time, the opposition Division considers it to be unacceptable. (3) every decision about the recognition of the opposition inadmissible to forward to the patent holder with a copy of the notice of opposition. 57. the preparation of the examination of the opposition (1) the opposition Division forwarded to the patent owner of the opposition and invite them to submit their comments and amendments to the description, claims and drawings, if any, is appropriate, the time-limit set by the Opposition Division. (2) If it is submitted in the opposition, the opposition Division forwarded to the rest of the opposition at the same time with the activities referred to in paragraph 1. (3) Any patent owner submitted observations and amendments shall be sent to the other party that the opposition Division considers it appropriate to invite reply chapter of the opposition deadline. (4) in the Case of the involvement of the opposition procedure, the opposition Division may delay 1 to 3 parts.

57. rule amended the European patent does not prejudice the requirements of article 87, may amend the description, claims and drawings, provided that the amendments caused the basis of opposition, which is mentioned in article 100, even if this is not put upon the opponent. 58. the examination of the opposition (1) Any part 2 of article 101 of the above statements and answers to all involved parties. (2) every statement that is sent to the holder of a European patent under article 101, part 2, he is prompted to submit, if necessary, amend the description, claims and drawings. (3) if necessary, each part 2 of article 101 statement referred content rationale. Where appropriate, this rationale covers all the basics, which does not allow you to maintain the European patent. (4) Before the opposition Division decides on the maintenance of the European patent valid in amended form, it shall inform the parties of this intention and invited Parties to submit their comments within two months if they do not agree to the text in which the patent is to be maintained. (5) if the disagreement is expressed by the opposition Division declared the opposition the text may continue; otherwise, the Opposition Division after part 4: determination of the period referred to in the patent's owner, please pay the fee within three months of the new printing the European patent specification and submit a translation of the amended claims all the other two European Patent institutions official languages other than the language of the opposition proceedings. (6) if the activity referred to in section 5 are met in due time, they may still be validly performed within two months from the notification is sent, which contains the failure timely, provided for an additional two months of pay to use penalty fees on the new European patent specification of double the amount of printing. (7) the provisions of part 5 of the opposition Division referred to in communications is notified in the Member States which require a translation pursuant to part 1 of article 65. (8) the decision on the maintenance of the European patent valid in amended form contains the amended text of the European patent, which is the basis for maintaining the patent in force. 59. provision Request to submit documents documents that are referenced by the opposition parties of the procedure, should be submitted together with the notice of opposition shall be submitted in writing or other documents in duplicate. If these documents are not submitted, nor in that way at the invitation of the European Patent authorities in due time, the European Patent Office may not take into account the arguments that are based on these documents. 60. the rules of procedure of the continuing opposition by European Patent authorities own initiative (1) where there has been a refusal of a European patent, or where a patent has lapsed for all the designated countries, the opposition procedure may continue after the opponent's request if it is filed within two months from the date of the European Patent Office has announced a waiver or loss of power. (2) the Objection of the death or legal incapacity of the applicant in the case of accession, the European Patent Office may continue the procedure on its own initiative, without heirs or legal representatives. The same procedure shall apply if the opposition is withdrawn. 61. the provisions of the European patent Convention article 20 transfer of relevant changes to the European patent in the case of the transfer of the opposition period or during the opposition proceedings. 61. provision of documents in opposition proceedings Part III of the rules of procedure, chapter II of the conditions with the appropriate changes apply to documents that are submitted in the course of the opposition procedure. 62. the provisions of the new European patent specification in the form of records rules of the opposition, rule 49 1 and 2 with the changes of the new European patent specification 62. new rules for European patent certificate for 54 of the rules of procedure that rule with the changes in the new European patent specification. 63. (1) the cost of cost allocation is determined in the decision of the opposition. This distribution takes into account only those costs that are necessary for the proper protection of the rights involved. Costs include the remuneration of representatives of the parties. (2) a bill of costs with supporting evidence added to the request for the fixing of costs. The request shall be taken, if the decision, according to which the determination of costs is sought, is final. Costs can be determined once their credibility is established. (3) a request for a decision of the opposition Division of the European cost of the registry that contains the grounds on which it is based, must be submitted in writing to the Patent authority within one month from the date of the notification of the cost. The request shall be deemed not to have been filed when the fee has not been paid for the cost. (4) the Department shall adopt the decision referred to in paragraph 3 without oral proceedings. Part vi PART VI of the Convention, the rules of procedure of the implementation of the provisions of the application of appeal 64. content submission content of appeal: (a) the appellant's name and address in accordance with rule 26, part 2, point (c); (b) particulars identifying the decision which is contested and the extent to which the decision is requested modification or abolition. 65. the refusal to accept the appeal proceedings (1) if the appeal does not comply with article 106 to 108 and rule 1 and part 1 of rule 64 (b), the requirements of paragraph 1, the Board of Appeal refused the appeal, if any deficiencies are not rectified until the specified in article 108. (2) if the Board of appeal finds that the appeal does not comply with rule 64 (a) the requirements of paragraph 1, it shall notify the appellant and invite him to remedy those deficiencies within the period set by the Council. If the appeal is not corrected in good time, the Board of Appeal refused its acceptance. 66. the provision of appeals (1) unless otherwise specified, the conditions relating to the management of the Department to which the decision of the appeal is filed, the changes are applied to the appeal proceedings. (2) the decision shall be substantiated by the Chairman of the Board of appeal and the registry of the boards of appeal responsible employee signatures or other appropriate means. The decision shall contain: (a) in the case of an appeal of the decision taken; (b) the date of adoption of the decision; (c) in the case of members of the Board of Appeal interpreted the President's words; (d) the names of the parties and of their representatives; (e) izlemjamo issues; (f) a summary of the facts; (g); (h) the order of the Board of appeal, including, where necessary, a decision on costs. 67. the appeal fee refund appeal fees the reimbursement is allowed in the case of temporary hearing or, if the Board of appeal considers for the appeal to be allowable, if such reimbursement is equitable because the substantial procedural violations. In the case of the examination of the provisional authorisation of reimbursement it Department whose decision is contested, but in other cases refund authorization, the Board of appeal. Part VII part VII of the Convention, the rules of procedure of the implementation of chapter I of the European Patent Office's decision and notice of rule 68 decision form (1) if the European Patent Office, examination of the oral decision communicated orally. Later, the parties are sent a written decision. (2) the European Patent Office's decision, against which an appeal is possible, must contain a justification and those are added to the notice of appeal. The parties are also in the communication stated on 106. the provisions of article 108, the text of which is attached. The Parties shall not rely on such notification is not received. 69. the rule disqualifying the finding (1) if the European Patent Office finds that any loss of rights resulting from the Convention without a decision on the rejection of the patent application or the grant of the patent, a European patent revocation or maintenance, or as proof of acceptance, it shall notify the person concerned in accordance with the provisions of article 119. (2) if the person concerned considers that the finding of the European Patent Office is inaccurate, it may, within two months of the notification referred to in paragraph 1 shall send to the European Patent claim authority decision on the matter. Such a decision is only issued European Patent authorities views not in accordance with the applicant's opinion, otherwise the European Patent Office shall inform the person who requested the decision. 70. the rule Signature, name, seal (1) each of the European Patent Office's decision and statement shall be signed by the responsible employee, and it contains the name of the signer signatory. (2) where the documents referred to in part responsible employee shall prepare with your computer, you can replace the stamps with signature. If the computer prepares documents automatically, the employee may not be in it. The same applied also to iepriekšsagatavot statements. Chapter II oral proceedings and taking of evidence rule 71. Invitation to oral proceedings (1) the parties will be invited to the 116. oral proceedings referred to in article, and their attention is drawn to the provisions of part 2. Parties at least two months preparation period. (2) If a party to the European Patent Office is duly invited to the oral examination, fails to appear, the procedure can continue without the presence of this party. 71. provision for the preparatory oral proceedings (1) the European Patent Office sent out the invitation shall specify the issues which it considers to be discussed before making a decision. At the same time it sets the deadline for the submission of written documents in preparation for the oral proceedings. 84. the provisions of the rules of procedure does not apply. New facts and evidence after the period is not taken into account, if one does not accept it for consideration in the context of the proceedings for the object. (2) if the applicant or patent owner is aware of the basics, which does not allow you to grant or maintain patents, they can invite part 1 the second sentence in this period to submit the documents that meet the requirements of the Convention. The provisions of part 1 of the third and fourth sentence shall apply mutatis mutandis. 72. the rules of evidence the European Patent (1) if the European Patent Office considers it necessary to hear the parties, witnesses or experts in oral evidence or to carry out an inspection, it shall take a decision on that end, announcing the investigation, which it intends to take, the relevant facts to be proved, time and place of the investigation. If the witness and expert oral evidence please either side, the European Patent Office shall take a decision, it shall state the period within which a party who has submitted such a request, notify the authority of the European Patent and expert witness names and addresses, which it wants to hear. (2) the invitation for at least two months are given a party, witness or expert to give evidence, unless the parties agree to a shorter period. The invitation shall contain: (a) an extract from the decision referred to in paragraph 1 which are specified in the examination date, time and place, as well as setting out the facts on which the parties, witnesses and experts to listen; (b) filing the names of the parties and details of the right to which the witnesses or experts may invoke under rule 74 2 through 4; (c) a statement that the party, witness or expert may ask to be heard in his country of residence, the competent court, and claim that he set the European Patent authorities to inform it whether he is willing to give it. (3) Before the parties, witnesses or experts are heard, they are aware that the European Patent Office may ask their country of residence to the competent court re-examine their evidence under oath or otherwise in binding form. (4) the parties may participate in the investigation and can ask questions relevant to the case parties, witnesses and experts who give testimony. 73. the expert teams (1) the European Patent Office decide in what form the report of experts designated by it must be submitted. (2) expert task must contain: (a) a precise description of the task; (b) the time limit for submission of the expert's report; (c) the names of the parties to the proceeding; (d) detailed information about the rights to which he may invoke under rule 74.2 to 4. (3) a copy of each written report sent to the parties. (4) the parties may object to an expert. Opposition chooses the European Patent institutions Department. 74. the cost of the taking of evidence (1) the European Patent Office for the taking of evidence may require the party requesting the taking of evidence, the deposit, the deposit which shall be determined according to the cost. (2) witnesses and experts who are invited by the European Patent Office and who insists it is entitled to an allowance and daily allowance due for the reimbursement of costs. They may be granted to cover the costs of this prepayment. The first sentence shall apply to witnesses and experts that the European Patent establishment without the invitation and are heard as witnesses or experts. (3) witnesses entitled to the remuneration referred to in part 2, also has the right to a decent income and compensation experts — to pay for their work. These payments are paid to the witnesses and experts after they have fulfilled their duties or tasks. (4) the Administrative Council shall issue detailed rules for part 2 and 3 of the conditions of execution. Appropriate payments in accordance with the conditions mentioned by the European Patent Office. 75. the rules of evidence (1) if there is reason to believe that taking evidence at a later time may be difficult or impossible, the Patent authority may submit a request to be heard without delay the oral evidence or inspection, in order to save the actual evidence, which may affect the decision on the existing European patent application or European patent. The date of implementation of the measures communicated to the applicant or patent owner in a timely fashion, so that he could participate. He can ask appropriate questions to the case. (2) the Request shall contain: (a) the name and address of the applicant, as well as the place of residence or business location of the country in accordance with rule 26, part 2, point (c); (b) sufficient information allowing the identification of the European patent application or European patent; (c) the facts which the evidence must be obtained; (d) particulars of the manner in which the evidence is obtained; (e) allegations that are obvious and enough to doubt that evidence later will be difficult or impossible. (3) the Request shall be deemed not to have been filed until the fee has been paid for the preservation of evidence. (4) the decision on such a request and the subsequent taking of evidence is the European Patent authorities, which the Department will accept a possible decision that could affect the evidence obtained. Apply the terms of the Convention on the taking of evidence in the procedure for the filing of the European Patent Office. 76. The oral proceedings and provision for the taking of evidence (1) the minutes of oral proceedings and taking of evidence procedures protocols reflect the oral proceedings or of the taking of evidence essential parts of the procedure, the parties ' respective explanations provided by the parties, witnesses or experts and the result of each inspection. (2) a witness, expert or party testimony read to them or protocols are sent so that they can familiarize themselves with the protocols. The Protocol mentions that this formality has been complied with and that the person who gave the testimony is accepted as the correct protocol. If not, such recognition is mentioned in the person's mind. (3) an employee who has written Protocol and by the employee who conducted the oral hearing is, or the taking of evidence, certify with my signature, or by any other suitable means. (4) a copy of the delivery Protocol. Chapter III of the notice delivery provisions to supply 77. General conditions (1) the European Patent authorities records all statements are prepared as an original document, and a copy of the original document, which certifies or stamp the European Patent Office, or as a seal, which is the European Patent Office stamp. Copies of documents issued by the parties themselves, such certification is not required. (2) a notice delivered: (a) by post in accordance with rule 78; (b) the issuing authority directly to the European Patent in accordance with rule 79; (c) the public disclosure in accordance with rule 80, or (d) with the President of the European Patent authorities to certain technical means of communication, which also determines the conditions for use of the President of the European Patent authorities. (3) the notification by using the national central industrial property authority shall be supplied in accordance with this authority, the rules applicable to the the national procedure. 78. the rules of the delivery by post (1) the European Patent Office's decision that time limits for appeals, invitations and other authorities of the President of the European Patent documents supplied as a registered letter. Other notifications sent as simple registered letter. (2) consignments that are sent as registered, recorded or simple letters, will be deemed delivered on the tenth day the addressees of its posting, unless the letter is generally reached or achieved it later; in the event of a dispute the European Patent authorities are obliged to find out whether the letter has reached its destination or to establish the date on which the letter was sent to the recipient. (3) the registered letter delivery shall be deemed fulfilled, irrespective of whether it is or not, even if the acknowledgement of receipt of the letter, refuses. (4) to the extent not covered by parts 1 to 3 conditions, force is the law of the State in the territory of which the service is performed. 79. the provision of Notice of transfer directly to the hands of the recipient notification may be issued directly to the hands of the European Patent Office, which he accepted. The notice shall be deemed to have been passed even if the addressee refuses to confirm receiving it. 80. the provision by public disclosure (1) if the recipient's address cannot be established, or if notification is sent in accordance with rule 78 part has proved to be impossible even after a second European Patent authorities attempt, the supply is replaced by public disclosure. (2) the President of the European Patent Office shall determine the order in which notification takes place in public, and the beginning of the period of one month, after which the flow document is deemed to have passed. 81. the provisions in the notice delivery agents (1) If an authorized representative, all the messages are addressed to it. (2) if there are several such authorised representatives one interested party sufficient notice of delivery is one of them. (3) If several interested parties have one common representative, is one of the transmission of the document to the common representative. 82. the rule breaks deliveries if the document has reached the addressee, and if the European Patent Office is unable to prove that it has been delivered in an appropriate manner, or if you have not been complied with the terms and conditions of supply, on the delivery date shall be deemed the date on which the European Patent Office shall be determined as of the date of receipt. Chapter IV time limits rule 83 (1) the calculation of the Time limits expressed in years, months, weeks or days. (2) the period shall begin on the day following the day on which the relevant event occurred, the procedural action or the expiry of another dispute, happened. Where the procedural action is delivery, an event considered as the delivered document, unless otherwise provided for. (3) where a period is expressed as one year or a certain number of years, this source the next month having the same name and on the day as the month and the day on which the said event occurred, but if the relevant subsequent month no day with the same number, the period shall source the last day of the month. (4) where a period is expressed as one month or a certain number of months, it flows out the day of the month having the same number as the day on which this event has happened, but if the relevant subsequent month no day with the same number, the period shall source the last day of the month. (5) where a period is expressed as one week or a certain number of weeks, it will source the relevant subsequent week on the day having the same name as the day on which the said event occurred. 84. the duration of the term If the provisions of the Convention or the rules of procedure provides that the term of the European Patent Office, such time limit may not be less than two months and no longer than four months; in certain specific circumstances, it can be up to six months. In certain specific cases the time limit may be extended if the request is submitted before the expiry of this formulation. 84. provision of Late receipt of documents (1) under the authority of the President of the European Patent the European Patent Office to the instructions in the document received late shall be deemed to have been received in time if it has been sent by post or by courier, through the recognised in good time, before the end of the term, unless the document is received later than three months after the end of the term. (2) the provisions of part 1 shall apply mutatis mutandis to the time limits provided for in the Convention, where the competent authorities in accordance with article 75, part (b) of paragraph 2 of part (b) of paragraph 1. 85. the provision for extension of time limits (1) where a period source to the day when a European Patent authorities to saņēmējstruktūr part 1 of article 75 (a) meaning is not open for receipt of documents, or when other than in part 2 for the reasons they're not regular mail deliveries, the time limit shall extend until the first day following such a break, when all the saņēmējstruktūr are open to receive documents and normal mail delivery. (2) If a time limit expires on a day on which the Member State or between a Member State and the European Patent Office is a general mailing or mailing the following break to a new location, residents of this country or those who have designated representatives whose place of business is in this State, the time limit shall extend until the first day after a break or the end of the movement. The first sentence shall apply mutatis mutandis also to article 77 part period. In the event that such a State is a State in which the European Patent Office, this condition applies to all parties. The length of that period shall notify the President of the European Patent authorities. (3) the provisions of paragraph 1 and 2 shall apply mutatis mutandis to the time limits referred to in the Convention, if deliveries are made to part 1 of article 75 (b), or paragraph (b) of part 2 referred to the competent authority. (4) where, in exceptional circumstances, such as natural disasters or strikes, a proper functioning of the European Patent Office, or the reason it is moved, and therefore delivery notification containing this term, from authorities delivered late, the action to be taken during these periods, can legally perform yet one month after the delivery of the notification delay. Such a break or moving the beginning and end of the period, notify the authority of the President of the European Patent. (5) Notwithstanding Part 1 to 4 can submit evidence that ten days before the date of the determination, the territory in which the person or its representative has the place of residence, place of work or where it is located, there is a break or mailing mail is moved to a new location, revolution, civil war, riots, strikes, natural disasters or other similar reasons. If the European Patent Office the following conditions recognised as justified, the document received late shall be deemed to have been received by the appropriate deadline, provided that the transfer is made within five days of the resumption of postal services. 85. provision is made for payment grace period (1) if the application fee, patentmeklējum fee, handling fee, or the State of the national basic fee is not made part of article 78, article 79 part 2, 15 in part 2 of the rules, 25 in part 2 of the rules, or rule 107 part 1 (c), (d) and (e) the period specified in points, it still can legally take a one month grace period from the date of delivery of the notice that contains the on deadline, at the same time in this period by paying a fine. (2) specify the National fees in respect of which the applicant has not adhered to the notification referred to in part 1, you still can legally take a two month grace period referred to in paragraph 1, the normal flow of the period, while during this period by paying a fine. rule 85b. Grace period to submit, at the request of expertise if the request is not submitted for expertise in article 94 part 2 or rule 107 (f) the period referred to in paragraph 1, it may still validly submit a one month grace period from the date of delivery of the notice, which contains about deadline, at the same time in this period by paying a fine. Chapter v amendments and corrections rule 86 amendment of the European patent application (1) before the European patentmeklējum report, the applicant may not amend the European patent application description, claims or drawings, if not otherwise provided for. (2) following the receipt of the report of the European patentmeklējum and before the inspection, the first chapter of the receipt of the notification, the applicant may, on his own desire to amend the description, claims and drawings. (3) After examination of the first chapter of the receipt of the notification by the applicant may amend the description of the elections again, claims and drawings, provided that these amendments are submitted at the same time with a reply to the message. Later amendments without inspection department consent is not permitted. (4) the amended claims may not contain patentmeklējum objects not listed, not in combination with the initial claims of the invention or group of inventions forming a single General izgudrotājiecer. 87. provision of different claims, description and drawings for the various countries where the European Patent Office shall declare that in respect of one or more specified member States before the European patent application contains a part of the art under article 54 and part 4, or, if it is aware of the existence of the right of priority in accordance with article 139, part 2, the European patent application or a European patent in respect of such country or countries can contain other countries different claims and If the European Patent Office considers it necessary, different descriptions and drawings. 88. the rule of bug fixes in the European Patent Office the documents submitted linguistic errors, spelling errors, and other errors in the European Patent Office the documents submitted can be corrected by submitting a request for it. However, if the request concerns the amendment of the description, claims or drawings, the correction must be obvious in the sense that it is immediately evident that nothing in the relevant document was not meant as it applied as a correction. 89. provision of bug fixes in the decisions of the European Patent Office's decisions can be corrected only linguistic errors, spelling errors and obvious errors. Chapter VI break records 90. rule break records (1) Filing of the European Patent Office is terminated: (a) a European patent application the applicant or patent owner or of the person in accordance with national laws may be as a representative, in the case of death or incapacity. To the extent that when the above events do not influence the appointment of the representative in accordance with article 134, interrupted only by the management of the application of the representative; (b) in the case of the European patent application the applicant or patent owner cannot continue filing the European Patent establishment for legal reasons because of his property has been instituted; (c) the European patent application the applicant or patent owner's death or incapacitation of a representative case, or when he is unable to continue filing the European Patent establishment for legal reasons because of his property has been instituted. (2) If part 1 (a) and (b) in the cases referred to in the European Patent Office is informed of the identity of the person authorized to continue the management of the European Patent Office, it shall notify that person and all records of interested third parties for filing renewal of European Patent authorities to date. (3) the provisions of part 1 (c) in the case referred to in the proceedings when the European Patent Office is informed of the appointment of a new representative of the applicant, or by the European Patent Office deliver to the other parties the communication of the new patent holder's appointment of a representative. If, three months after the filing of the European Patent early break authority has not been informed of the appointment of a new representative, it shall notify the applicant for or proprietor of the patent: (a) that, in applying article 133 part 2, the European patent application will be deemed withdrawn or withdrawn the European patent if the information will be submitted within two months after this communication, or (b) that, in the case of article 133 part 2 does not apply , management of the applicant or patent owner will restore from the date this notice is sent. (4) the time limits, Other than the time limit for submitting this request for inspection and maintenance of the patent in force for carrying out the duty in force in respect of the applicant or patent owner, the date of interruption of the proceedings again from the date when the records are updated. If that date is earlier than two months before the date of expiry for submission request for inspection, this request can be submitted before the end of the second month following that date. Chapter VII cancellation of enforcement procedures in rule 91 out of the enforcement procedures of the European Patent Office the President may waive the requirement for a decent amount of money if forced recovery amount recovered is minimal or where such recovery is too uncertain. Chapter VIII Public information 92. rule entries in the European patent Register (1) the European patent register shall contain the following entries: (a) the European patent application number; (b) the date of the patent application; (c) the name of the invention; (d) the European patent application assigned classification code; (e) Member States; (f) the European patent applicant or patent owner's last name, first name, address and country where he has his permanent place of residence or the location of the head office; (g) the patent applicant or owner specified inventor name, given names and address, unless he has renounced that entitlement in accordance with rule 18; (h) the patent applicant or owner's representative name, given names and address of the place of business, in accordance with article 134; If there are several representatives, only the first entry in that representative's name, given names and address of the place of business, followed by the words "and others"; However, in the cases referred to in connection with the provisions of part 9 101., recording only the name and address of the Association; (i) priority data (date, country and number of the earlier application); (j) the European patent application, in the case of Division of the European patent application numbers; (k) a dedicated European patent application and a new European patent application filed under part 1 of article 61 (b) in the case in point, the particulars referred to in (a), (b) and (I) above in respect of the earlier European patent application; (l) the date of publication of the patent application and, where appropriate, the report of the European patentmeklējum the different date of publication; (m) for inspection at the request of the filing date; (n) the date on which the European patent application is refused, withdrawn or deemed to be withdrawn; (o) the European patent granted date of publication of the notice; (p) the European patent for the early termination date Member State during the opposition procedure and, if appropriate, the final decision of the opposition procedure at the time of the judgment; (q) the date of the notice of opposition; (r) the justification of the decision of the case and the opposition date. 13. the provision (s) in the cases referred to in the filing and renewal dates of the suspension; (t) 90. in the cases referred to in the provisions of the termination of the proceedings and the renewal date; (u) the renewal date, if you have made a record under paragraph (n) or (r); (v) the date of the request, the European Patent Office in accordance with article 135; (w) the right to a European patent application or a European patent and the legal transition, if they are recorded in accordance with the rules of procedure. (2) the President of the European Patent Office is entitled to decide on other news also recording in the register of European patents, in addition to those referred to in paragraph 1. (3) extracts from the register of European patents shall be issued to the request after administration fees. 93. the rule in the application of sensitive components in accordance with part 4 of article 128 is not disclosed in the application for the following components: (a) documents relating to the boards of appeal or of the enlarged Board of appeal members of the rejection or opposition to them; (b) draft decisions and opinions, as well as all the others in the preparation of decisions and opinions, using documents that have not been delivered to the parties; (c) the indication of the inventor, if he has given up the right to be mentioned in accordance with rule 18, part 1; (d) any other document which is published is removed by the President of the European Patent authorities because such disclosure does not serve the public purpose of a European patent application or the resulting patent. 94. the rules of procedure of the review proceedings (1) the European patent application or patent case screening is either the original document or a copy thereof, or other technical means to save (if things are stored in this way) the perusal. (2) the President of the European Patent Office shall lay down the procedure for the review of all things, including conditions when performing Admin duties. 95. the rule in the Case of news delivery pursuant to article 128 of the part 1 to 4 restrictions, the European Patent Office may, upon request, to supply details of any European patent application or European patent in the case after the administration fee. However, the European Patent Office may require that the applicant himself see-through case, if such is deemed most appropriate, taking into account the amount of information to be supplied. 95. provision in case of creation, maintenance and storage (1) the European Patent Office shall establish, maintain and keep the European patent application and patent cases. (2) the President of the European Patent authorities shall determine the manner in which the European patent application and patent things are created, maintained and stored. (3) a document that is contained within the electronic file (file) are considered to be originals. (4) the European patent application and patent cases are stored in at least five years from the end of the year in which: (a) the application is rejected or withdrawn or is deemed to be withdrawn; (b) the patent is revoked in the course of the opposition procedure; or (c) the patent or article 63 referred to in part 2 of the extended term of protection shall expire on the last of the designated countries. (5) without prejudice to paragraph 4, the case for European patent applications, of which 76 have occurred dedicated referred to in article 61 or in the application of part 1 of article (b) above, new applications, at least as long as every thing about the latter. The same applies in relation to things of any such application results in a patent granted. 96. a provision in the European Patent authorities in addition to the publication (1) the European Patent Office the President may determine, any article 128, part 5 messages are delivered and in what form, to third parties or published. (2) the President of the European Patent authorities to define a new or amended claims received after publication, rule 49 part 3 of that time, as well as the following forms and publications section of the European patent Bulletin the following claims. Chapter IX judicial and administrative cooperation rule 97. Communication of the European Patent authorities and between authorities of the Member States (1) communications between the European Patent Office and the Member States ' central industrial property offices, taking place in implementing the Convention are carried out directly between these authorities. Communication between the European Patent Office and the courts of the Member States or other institutions can perform the aforementioned central industrial property authorities. (2) the provisions referred to in part 1 of the communication costs shall be borne by the body that prepares the material to which these expenses are exempt from fees. 98. in the case of a screening, the rules of the Member States Court or authority, or which are carried out by the institutions (1), the courts or authorities of the Member States of the European patent application or European patent Affairs have screened the original or copy of document screening; 94. the rule does not apply. (2) the public prosecutor's Office or the courts of the Member States of the progress of the proceedings in its supply to third parties the European Patent institutions deliver things or copies. These supplies are carried out in accordance with the provisions of article 128; for them does not charge administration fees. (3) the European Patent Office, transferring things or copies, while pointing to those of article 128 and part 4 of the restrictions that apply to the European patent application or European patent in case supply to third parties. 99. at the request of the procedure for sending letters to other States to carry out inquiries (1) each Member State shall designate the central authority to receive requests from European Patent authorities and will forward them to the relevant competent authority. (2) the European Patent Office letter drawn up at the request of the competent institution in the working language or add this letter translation into the working languages of the competent institution. (3) the competent institution in accordance with part 5 and 6 apply its procedural rules for such request. In particular it applies its laws in certain relevant coercive measures. (4) if the institution to which the request is sent, the letter is not competent to be executed, the letter of request shall immediately send the part 1 of the central authority. The body of the request letter is transferred either to the competent institution of that State, or the European Patent in that State, if such institutions are not. (5) the European Patent Office must be informed of the time and place where the cognitive or other legal measures should be taken, and so inform the parties to proceedings, witnesses and experts. (6) if the European Patent Office, the competent institution shall require the participation of the members of the Department and allow them to interrogate the person to give evidence, either directly or through the intermediary of the competent institution. (7) the request execution of letters does not create any rights or any reimbursement of expenditure. However, the State in which the request letter is executed, has the right to require the Organization to pay all fees that have been paid experts, interpreters, as well as all costs incurred by following the procedure in point 6. (8) if the law applicable to the competent authorities of the Parties shall be imposed on the obligation to provide the evidence, and the institution itself is not able to carry out the execution of the letter of request, the authority may with the consent of the European Patent authorities to appoint a suitable person to do it. Requiring the consent of the European Patent Office, the competent institution shall produce this procedure about costs. If the European Patent Office to give consent, the Organization shall reimburse all costs; without such consent, the organization is not responsible for those costs. Chapter x 100. provision of Common Representation in the appointment of a representative (1) if the application has more than one applicant and the application for the grant of the European patent is not named, then the common representative first referred to in the request, the applicant is considered to be the common representative. However, if one of the applicants is obliged to appoint a professional representative, the agent is considered to be the common representative unless the first applicant referred is not appointed a professional representative. The same shall apply mutatis mutandis to third parties that jointly submitting objection or opposition procedures involved, as well as to the identity of the European patent. (2) If records have been committed in the course of the transition to more than one person, and such persons have not appointed a common representative, paragraph 1 shall apply. If such application is not possible, the European Patent Office requires such persons to appoint a common representative within two months. If this requirement is not met, the European Patent Office shall appoint the common representative. 101. the provisions of the mandate (1) representatives acting in the European Patent Office, the Patent authority, the time limit to submit a signed power of attorney. The President of the European Patent authority shall determine the cases in which the powers are to be submitted. Power of attorney may relate to one or more European patent applications or European patents, and it must be submitted to the corresponding number of copies. If part 2 of article 133 requirements is not satisfied, the same term is determined by the notice of appointment of a representative and the power of submission. (2) an attorney may submit that gives the agent the right to carry out any power's actions with the patent. Power of attorney should be submitted in a single copy. (3) the President of the European Patent authorities may determine and publish a European Patent in the official bulletin of the authority form and content: (a) the power, in so far as it relates to the representation of the person article 133, part 2; (b) to the Attorney. (4) If the power is not supplied within the time limit, all procedural actions, except for the filing of the European patent application, considered not done, but it does not affect the other legal consequences provided for in the Convention. (5) the provisions of parts 1 and 2 apply mutatis mutandis to documents that reference. (6) each representative whose mandate has ended shall continue to be regarded as the representative until the European Patent Authority notifies the mandate expiration. (7) the mandate activities directly to the European Patent Office does not end with death that this authorisation is issued, despite the opposite conditions the same mandate. (8) if the person is appointed by several representatives, they can operate jointly or separately, despite the opposite conditions in the notice of the appointment or their proxies. (9) the mandate of the representative of the Association is regarded as a mandate for each representative who can show that they operate in the Association. 102. the amendment of the list of professional representatives (1) a professional representative shall be deleted from the list of professional representatives, if he so requests, or if, despite repeated reminders, he did not take an annual payment to the Institute of professional representatives in the activities of the European Patent Office before the end of the year for which the annual fee is due. (2) After part 1 of article 163 of this transitional period and without affecting any other part 8 of article 134 (c) disciplinary action referred to in paragraph 1, the professional representative may automatically delete records only in the following cases: (a) the professional representative of the death or loss of legal capacity; (b) in the case where the professional representative is no longer any national of a Member State, unless he has been entered in the list during the transitional period, or if the President of the European Patent authorities has not granted exclusive rights in accordance with article 134; (c) where the professional representative or the company no longer has a job in one of the Member States. (3) a Person who is removed from the list, the list is restored upon request, if the conditions which the deletion had occurred. Part VIII PART VIII of the Convention IMPLEMENTATION of the rules of procedure rule 103 Exchange public notification (1) documents in accordance with article 136 is added to the request for conversion, the central public authority for industrial property under the same conditions and at the same level as documents in accordance with the national procedure. (2) the published national patent specification granted at the converted European patent application, that application must be mentioned. Part IX part X of the Convention's rules of procedure, rule 104 implementation of the European Patent Office as a receiving Agency (1) if the European Patent Office acts as Patent Cooperation Treaty, the authority, the international application must be submitted in English, French or German. It must be submitted in triplicate; the same applies to the other Patent Cooperation Treaty rule 3, 3 (a) (ii) the provisions referred to in the document checklist, except the receipt for the payment or the payment of the cheque. However, the President of the European Patent authorities may decide that the international application and related documents can be submitted to a smaller number of copies. (2) If not fulfilled part 1 sentence 2 of the terms of the European Patent Office shall draw up the missing copies, invoice applicant for Bill. (3) if the international application is filed for forwarding to the institution of the Member State of the European Patent Office as the receiving Agency of a Member State, that authority must ensure that the application reaches the European Patent Office no later than two weeks before the end of the thirteenth month from the filing date or, where priority is claimed, from the priority date. 105. the provisions of the European Patent Office as an international authority, or patentmeklējum as the primary international inspection body (1) Patent Cooperation Treaty 17.3 (a) in the cases referred to in article fee, equal to patentmeklējum, the fee payable for each additional invention which is made in the international patentmeklējum. (2) the Patent Cooperation Treaty, article 34 (a). in the cases referred to in paragraph 1 in addition to the fee, equal to the founder of the international inspection fee must be paid for each additional invention, which are the primary international inspection. (3) the European Patent Office, without affecting the Patent Cooperation Treaty rule 40.2 (e) and 3 (e) of rule 68., where the fee is made together with the submission of the report of the protests, or calls to carry out the additional charge was correct and, if it has not been released, in addition to the fee. If the European Patent Office after such checks believes that the invitation has been correct, it shall inform the applicant accordingly and invite him to make a payment for the examination of the protest ("protest fee"). If the protest fee is made in a timely manner, the protest shall be referred to the Board of appeal for decision. 106. the provision of article 158 of the national fee referred to in paragraph 2, the national fee comprises the following charges: (a) a national basic fee, which is equal to the part 2 of article 78 of the prescribed application fee, and (b) of article 79, part of the national point fee. 107. the provisions of the European Patent Office as designated or designated authority – the European phase starting conditions (1) of the Convention, article 150 part of the international application referred to in the case of the applicant for thirty-one month from the filing date, or where priority is claimed, from the priority date is to be carried out the following activities: (a) pursuant to article 158 of the supplies referred to in paragraph 2 of the international application translation; (b) it should be clarified that the application document, originally submitted or amended, should be carried out by the European patent grant procedure; (c) must be paid in the (a) 106. the provisions referred to in the national fee; (d) pay the national fees, specifying if the article 79 part 2 has expired in the past; (e) pay part 2 of article 157 (b) referred to in paragraph patentmeklējum, if the fee must be in addition to the report of the European patentmeklējum; (f) to submit the request referred to in article 94 of the inspection, if article 94 part time elapsed before; (g) take part 1 of article 86 in that force maintenance fee, if the due date is not timed in accordance with the provisions of the earlier 37. part 1; (h) where appropriate, submit to article 55 and article 23 referred to in the provisions of the certificate of the exhibition. (2) if the European Patent Office has drawn up the International report, primary inspection fees are reduced in accordance with the rules on the fees. If a report is drawn up in respect of an international application in the individual parts in accordance with the Patent Cooperation Treaty, 34.3 (c), reduction of the fee for article is permissible only if the inspection has to be carried out in relation to the object contained in the message. 108. the provisions of the national fee settlement effects (1) if the national basic fee is not paid within the time limit, the patent application shall be deemed withdrawn. (2) an indication of each Member State, which has not been paid within the time limit specified, the fee is deemed to be withdrawn. (3) if the European Patent Office finds that the application or reference Member State is deemed to be withdrawn in accordance with paragraph 1 or 2, it shall notify the applicant. 69. the provisions of part 2 shall apply mutatis mutandis. The rights are not considered lost if, within two months from this part of the communication referred to in sentence 1, the backorder activity is carried out and the penalties are paid. 109. the rule amended the application despite 86.2 through 4 share, the application may be amended once not renewable within one month from the date of dispatch of the notice, which shall inform the applicant accordingly. The amended application is the basis for each additional patentmeklējum, carried out in accordance with part 2 of article 157. 110. the provision charge for claims. Pay the consequences of not taking (1) if the application documents on which the European patent grant procedure, contains more than ten claims, a claims fee is payable for the eleventh and each subsequent claim within the time limit set out in rule 107. (2) any claim which is not made within the time limit laid down, still can legally make any lengthening of the period of one month the date when the notification is sent, showing, for non-payment. If within this period amended claims submitted, the claims fee is calculated on the basis of the claims thus amended. (3) every complaint, taken over part 2 sentence 2 of the specified number of part 1 the time limit specified in the repayment. (4) if the petition was not carried out in a timely charge, the complaint will be considered abandoned. 111. the rule of individual examination of formal requirements the European Patent establishment (1) part 1 of 17 provisions in the details of the inventor has not been submitted to rule 107 part 1 the end of the time limit laid down in the European Patent Office shall invite the applicant to submit this report to the authorities within the time limits laid down. (2) If the earlier application is claimed, the priority and the application number or part 1 of article 88 and 38. rule 1 to 3, part a copy is not submitted to, rule 107 part 1 expiry of the period referred to in the European Patent Office shall invite the applicant to submit earlier application number or copy of the Authority's deadline. In this case, rule 38 shall apply part 4. (3) if the Patent Cooperation Treaty, the provisions of Rule 107.1 end of the time limit laid down in the European Patent authority not available 5.2 sequences of notes referred to in the provisions or, if this record does not meet the standard, or if it has not been filed on the prescribed data carrier, the applicant shall be invited to submit a narrative sequences that meet the standard, or to a specific media within the time limit specified by the European Patent Office. 112. the provisions of the European Patent Office's position on the issue of unity of invention if the international institution has made the patentmeklējum international patentmeklējum only in respect of part of the application so that this body has considered that the application does not comply with the requirements of unity of invention, and the applicant has not made the Patent Cooperation Treaty, article 3 (a). In addition to the payment provided for in paragraph 3 within a time-limit, the European Patent Office shall examine whether the application complies with the requirements of unity of invention. If the European Patent Office considers that there is no match, it shall inform the applicant that the European patentmeklējum report can be obtained in respect of those parts of the international application, which is not carried out, if the patentmeklējum is done patenmeklējum fee European Patent authorities for each specified period in the present invention, and this period may not be shorter than two weeks and more than six weeks. Patentmeklējum Division shall draw up a report to the European patentmeklējum those parts of the international application which relate to inventions in respect of which it is made patentmeklējum. 46. the provisions of the rules of part 2 shall apply mutatis mutandis.

Agreement on the Convention on the grant of European PATENTS, the application of article 65 States that are parties to this agreement, as of 5 October 1973, the Convention on the grant of European patents (European Patent Convention) Member States reaffirming their willingness to strengthen cooperation between European national invention elapses, taking into account the European Patent Convention article 65, acknowledging European patent translation cost reduction target, highlighting the importance of a comprehensive need to comply with this goal, determined to make an effective contribution to reducing costs in the following have agreed upon the following conditions: 1. the article out of the translation requirements (1) the agreement in the Member State where the official language of the European Patent is one of the official languages of the institutions, the decline of the European Patent Convention, part 1 of article 65 in the translation requirements. (2) the agreement in the Member State whose official language is not one of the European Patent institutions official languages, refuse from 65 of the European Patent Convention, part 1 of article translation requirements laid down, if the European patent is granted in this State a European Patent institutions in the official language or translated and submitted to it in that language in accordance with the European Patent Convention, part 1 of article 65. (3) in part 2 of this article, these countries still have the right to require that they be filed a petition in the translation of the official languages in accordance with the European Patent Convention, part 1 of article 65. (4) This agreement shall not be interpreted as restricting the right of the Member States agreed to forgo any translation requirements or apply more liberal translation requirements for part 2 and 3 above. Article 2 in disputes this arrangement can not be interpreted as restricting the right of Member States to the agreement provide that disputes involving the European patent, the owner of the patent, at his own expense (a) at the request of the alleged infringer must submit a full translation of the official languages of the Member State in which the alleged infringement has occurred, (b) the competent court or authority, at the request of the kvazijudiciāl, in which the legal proceedings, to submit a full translation in the official language of the country concerned. Article 3 Signature-ratification (1) this agreement is open to the European Patent Convention Member States signing up to 30 June 2001. (2) the agreement must be ratified. The instruments of ratification shall be deposited to the Government of the Federal Republic of Germany. Article 4 accession upon expiry of the agreement article 3 set out in part 1 of the signing period, each of the Member States of the European Patent Convention, as well as any State that is entitled to accede to the Convention, may accede to it. The instruments of accession shall be deposited to the Government of the Federal Republic of Germany. Article 5 prohibition of Reservations no agreement member cannot make reservations to it. Article 6 entry into force (1) this Agreement shall enter into force on the first day of the fourth month after the deposit of the last of the eight Member States of the European Patent Convention ratification or accession documents, including the documents of the three countries that have the largest number of European patents in 1999. (2) instruments of ratification or accession, the entry into force of the agreement, shall enter into force on the first day of the fourth month of such instrument of ratification or accession deposit of the day. Article 7 duration of the arrangement agreement is concluded without a time limit. Article 8 denunciation any State agreement may denounce it at any time after it has been in force for three years. Notice of denunciation shall be submitted to the Government of the Federal Republic of Germany. The denunciation shall take effect one year after the day on which you received the following message. Rights acquired under the agreement before its entry into force, denunciation are not affected. Article 9 scope agreement apply to European patents in respect of which notice of the assignment has been published in the European Patent Bulletin after the date on which the agreement entered into force for each State. Article 10 languages of the arrangement agreement, drawn up in a single original in the English, French and German and the text of which, in all three languages are equally authentic, is deposited to the Government of the Federal Republic of Germany. Article 11 Transfer and notification (1) the Government of the Federal Republic of Germany shall draw up certified copies of the agreement and shall be forwarded to the Governments of the countries that signed the agreement or acceded thereto. (2) the Government of the Federal Republic of Germany shall notify the countries referred to in part 1 of the Government: (a) each signature of the entity; (b) any instrument of ratification or accession date of fact; (c) the date of entry into force of the agreement; (d) each article 8 denunciation of the document referred to in the submission and the date from which it takes effect. (3) the Government of the Federal Republic of Germany recorded the agreement of the United Nations Secretariat. In witness whereof the undersigned, being duly authorized, have submitted their powers, which are recognized as valid and appropriate design, have signed this agreement. Executed in 2000 October 17 amendments to the Convention on the grant of the European PATENT the European Patent Convention PREAMBLE the Member States, taking into account that European cooperation, based on the European Patent Convention and the uniform procedure for granting patents, which this Convention is established, make an important contribution to the European legal and economic integration, desiring to promote innovation and economic growth in Europe more effective, laying the foundations for further development of the European patent system in Taking into account the growing internationalization of the patent system, to adapt to the European Patent Convention and the law of the development of the technical level that has been achieved since the conclusion of the Convention, have agreed as follows: article 1 the amendments to the European Patent Convention, the European Patent Convention is amended as follows: 1. include a new 4a. Article by article 4 as follows: 4a. Article the Ministerial Conference of the Member States on patent issues, the Member State responsible for the Ministerial Conference shall meet at least once every five years to discuss issues affecting the Organization and the European patent system. 2. Make the following article 11: article 11 appointment of managerial staff (1) the President of the European Patent institutions shall be appointed by decision of the Administrative Council. (2) the Vice-president shall be appointed by decision of the Administrative Council, after consultation with the President. (3) the boards of appeal and the enlarged Board of appeal members, also appointed by the President, by decision of the Administrative Council of the European Patent on the recommendation of the President of the authority. They can be renewed once by a decision of the Administrative Council after consultation with the President of the European Patent Office. (4) the Administrative Council shall exercise 1 to 3 referred to disciplinary measures against employees. (5) the Administrative Board after consultation with the President of the European patent institutions of the enlarged Board of appeal members may also appoint a legally qualified member of the Court of Justice or members of the kvazijudiciāl institutions that can continue to perform their judiciālo duties at national level. They shall be appointed for three years, with the possibility to appoint. 3. To make article 14 the following: article 14 European Patent authorities, the European patent application and other document languages (1) the European Patent institutions the official languages are English, French and German. (2) the European patent application must be submitted in one of the official languages, or, if it is filed in a different language, it must be translated into one of the official languages in accordance with the rules of procedure. Throughout the European Patent authorities in the course of the translation of the proceeding can be matched with the originally submitted application. If the required translation is not filed in due time, the application shall be deemed withdrawn. (3) the European Patent institutions in the official language of the European patent application is filed or translated, as the language of the proceedings in all actions of the European Patent Office, if the rules of procedure do not provide for different arrangements. (4) natural and legal persons whose residence or principal place of business in a Member State whose official language is other than English, French or German, as well as citizens living abroad, the documents to be submitted within a certain time limit, may be submitted in an official language of that State. This document is a translation of the European patent in the official language of the authority to submit the time limit laid down in the rules. If the document that is not part of the European patent application is not filed in the language of the intended or if the required translation is not filed within a specified period, such a document is considered not to have been received. (5) the European patent application shall be published in the language of the proceedings. (6) the patent specification shall be published in the language of the proceedings; the specification includes the translation of the claims into the two other European Patent institutions the official languages. (7) in all three official languages of the European Patent authorities to publish: (a) the European Patent Bulletin; (b) the European Patent authorities official journal. (8) entries in the register of European Patents are the three official languages of the European Patent Office. In cases of doubt, the text is considered to be authentic text in the language of the proceedings. 4. Express article 16 as follows: article 16 applications sector applications sector is responsible for each of the European patent application and compliance with the formal requirements. 5. Express article 17 as follows: article 17 Patentmeklējum Patentmeklējum Division of the Department shall be responsible for drawing up the reports of the European patentmeklējum. 6. Express article 18 as follows: article 18 (1) expertise expertise Department is responsible for each European patent application expertise. (2) the expertise of the Department consists of three technical qualifications of experts. However, usually the expertise to the final decision of the examination Department expert. Oral examination application happens all the Inspection Department in the presence of experts. If the Inspection Department believes that the adoption of the decision in essence requires the participation of a legally qualified examiner, it can extend the Inspection Department, including its composition, the lawyer. In the event of parity of votes the examinations Division Head voice is crucial. 7. Make the following article 21: article 21 (1) the Board of appeal the Council of Appeal shall be responsible for the appeal proceedings filed against receipt, Inspection Department, the Legal Department and the opposition Division's decision. (2) appeals against the applications sector or the Legal Department's decision to examine the Board of appeal, which consists of three legally qualified members. (3) appeals against decisions of the examination Division hears appeals board, consisting of: (a) two technically qualified members and one legally qualified member if the decision concerns the refusal of the European patent application or European patent, and it was accepted by the inspection department that the stale from less than four members; (b) three technical and two legally qualified members, if the decision was accepted by the Inspection Department a four-Member, or if the Board of appeal considers that the nature of the case requires the following Council configurations; (c) three legally qualified members in all other cases. (4) appeals against the decisions of the opposition Division hears appeals board, consisting of: (a) two technically qualified members and one legally qualified member, when the decision was adopted by the Opposition Division three members; (b) three technical and two legally qualified members, if the decision was accepted by the opposition Division in the four-Member, or if the Board of appeal considers that the nature of the case requires the following Council configurations. 8. Express article 22 the following: article 22 enlarged Board of appeal (1) the enlarged Board of appeal shall be responsible for: (a) the nature of the questions of law referred to it by boards of appeal; (b) opinions on questions of law referred to it by the President of the European Patent Office in accordance with the provisions of article 112; (c) in the case of adoption of the decision, when filed a request for review of the decision of the Board of appeal under article 112. (2) in considering this article, part 1 (a) and (b) above, the extended Board of Appeal consists of five legal and two technically qualified members. In considering this article, part 1 (c), referred to the enlarged Board of appeal shall consist of three or five members, in accordance with the rules of procedure. In all cases, the President is legally qualified member. 9. Express article 23 by the following: article 23 the members of the boards of appeal (1) the independence of the appeal and of the enlarged Council the members of the boards of appeal shall be appointed for five years, and they cannot be exempted from work during this time, unless there are serious grounds for exemption, and if the Board, upon the proposal of the enlarged Board of appeal does not adopt such a decision. Despite the conditions of sentence 1, the work of the members of the boards shall expire if they submit resignation or retired under the authority of the European Patent rules permanent staff. (2) the members of the boards may not be the receipt of the Application, Inspection Department, the opposition Division or the legal department. (3) the decisions of the members of the boards of appeal are not binding on any of the instructions, and they run only after the Convention. (4) the boards of appeal and extended the rules of procedure of the boards of appeal shall be adopted in accordance with the rules of procedure. Rules of procedure approved by the Administrative Council. 10. Express article 33 the following: article 33 of the competence of the Administrative Council in certain cases (1) the competence of the Administrative Council is amended: (a) the deadlines laid down in the Convention; (b) part II to VIII of the Convention and part X, to harmonize with international agreements or patent with legislation of the European Community patent matters; (c) the rules of procedure. (2) the Administrative Council shall have jurisdiction under the Convention, to adopt or amend provisions on: (a) finance; (b) the European Patent Office service provisions permanent employees and other staff rules, staff and overall level of employee salaries, as well as the added benefit of types and the rules for granting it; (c) the pension scheme rules and any relevant existing pension increase corresponding to the salary increases; (d) rules on fees; (e) its rules of procedure. (3) Notwithstanding article 18 in part 2 of the above, the Administrative Council shall be competent in accordance with their experience, provide that certain categories of things inspection departments shall decide only one technical expert. Such a decision may be revoked. (4) the Administrative Council shall be competent to authorise the President of the European Patent authorities to negotiate, and with its consent, to enter into contracts on behalf of the European Patent Organisation with States, intergovernmental organizations and with documentation centres, which are created with the following organizations in the framework of such agreements. (5) the Administrative Council may adopt a decision in accordance with paragraph 1 (b):-in respect of international agreements that have not yet entered into force; the case law of the European Community, which has not yet entered into force, or, if such laws provide for a time limit for implementation before the end of that period. 11. Article 35 be expressed by the following: article 35 voting rules (1) the Administrative Council decisions, except those listed in part 2 of this article, shall be adopted by voting of the Member States and a simple majority of votes. (2) by a three-fourths vote of the Member States who participated, and a majority of the Administrative Council shall adopt the decisions entrusted to it in accordance with article 7, article 11, part 1 of part 1 of article 33 (a) and (c) and paragraph 2 to part 4, article 39, article 40 of part 2 and part 4, article 46, 134. Article 149. Article part 2, article 152, article 153, paragraph 7 of article 166 and article 172. (3) the Member States ' unanimous vote required in the decisions of the Administrative Council entrusted to adopt under part 1 of article 33 (b) point. The Administrative Board shall be adopted only if all Member States have participated. The decision, which is adopted in accordance with article 33 of part 1, point (b) shall not come into force, any Member State within 12 months of this decision, declare that it does not want to make this decision is bound to it. (4) the abstention is not considered a vote. 12. Express article 37 as follows: article 37 shall cover the organization expenses: (a) of the same Organization; (b) the contributions of the Member States, received as European patent maintenance fees in effect in these Member States; (c) if necessary, special dalībmaksājum of the Member States; (d) in appropriate cases, of the 146 revenue provided for in article; (e) where appropriate, and only material investments of third-party loans secured by the land or buildings; (f) where appropriate, of third party capital of special projects. 13. Article 38 be expressed by the following: article 38 organizations own funds own funds of the Organization shall consist of: (a) all revenue from fees and other sources, as well as of the Organization's reserves; (b) the pension reserve fund, which shall be considered the Organization's special contribution category provided for in the pensions scheme of the Organization, when you create the backup. 14. Express article 42 as follows: article 42 (1) the Organization's Budget the budget should be balanced. It shall be drawn up in accordance with generally accepted accounting principles laid down in the rules of procedure of financing. If necessary, you can accept the amendments of the budget or supplementary budget. (2) the budget shall be established in the rules of procedure provided for the financing units. 15. Make the following article 50:50 funding rules, the article of the rules of procedure details the financing shall be determined: (a) budgeting and execution procedure and accounting and auditing procedure; (b) the method and procedure whereby the Member States enable the Organization to use the payments and contributions of participation that they take in accordance with article 37, and priekšiemaks, in accordance with article 41; (c) the rules on accounting and the responsibility of employees and their monitoring arrangements; (d), 39, 40 and 47. interest rate referred to in article 8; (e) the participation referred to in article 146 of the calculation method; (f) the Administrative Council to be budgetary and financial committee structure and responsibilities; (g) generally accepted accounting principles that should form the annual budget and financial report. 16. Article 51 be expressed by the following: article 51 fees (1) the European Patent Office may collect fees for all official tasks or procedures that it be carried out in accordance with the Convention. (2) the terms of payment that are not defined in the Convention, be laid down in the rules of procedure. (3) If the rules of procedure provides that a fee is to be made, then you must also specify the legal consequences that occurs, if the payment is not made within the time limit. (4) the rules for the determination of fees for certain sizes, and the ways you can make payments. 17. the express article 52 as follows: Patentable inventions in article 52 (1) European patents shall be granted for inventions in all fields of technology, industrial use, which are new and which are the inventive step. (2) For inventions within the meaning of part 1 is not considered, inter alia: (a) discoveries, scientific theories and mathematical methods; (b) aesthetic solutions; (c) schemes, activities, games and business rules and methods, as well as computer programs; (d) the provision of information. (3) objects and the operations referred to in part 2 are excluded from patentable invention rim only in so far as the European patent application or European patent relates to such an object or action as such. 18. Article 53 be expressed by the following: article 53 exceptions from exemption to European patents shall not be granted: (a) inventions the publication or exploitation of which is contrary to public policy or morality (ordre public), but such a decision may be made only on the basis of the fact that such use is prohibited by law or administrative provision in some or all the Member States; (b) plant or animal varieties, or essentially biological plant or animal varieties of acquisition techniques; This provision shall not apply to microbiological techniques and their resulting products. (c) human or animal therapeutic or surgical treatments that are performed with a human or animal body shall not be considered inventions that can be industrially used of part 1; This provision shall not apply to products, also to substances or compositions that use these methods. 19. the express 54 the following article: article 54 novelty (1) an invention shall be considered new if it is not part of the art. (2) the level of Technical knowledge, any content that is publicly available in written or oral form, is publicly used or disclosed in any other way before the filing date of the European patent. (3) in addition, also presented the European patent application, the filing date of which is prior to the date referred to in paragraph 2 and which were published on or after that date, this date is considered part of the art. (4) this article is part 3 of 2 to the conditions for exclusion from the patentable does not apply to substances or compositions, known from a technical level, if they are intended for use in the article 53 (c) above, if the same methods, their use in the methods that are not part of the art. (5) the 2nd to the 3rd part of the conditions for exclusion from the patentable does not apply to substances or compositions thereof, referred to in part 4 if they are intended for use in a particular article 53 (c) above, if the same methods, their use in the methods that are not part of the art. 20. Article 60 of the expression by the following: article 60 the right to the European patent (1) the right to the patent belongs to the European inventor or his successor in title. If the inventor is an employee, the right to a European patent shall be determined in accordance with the law of the country in which the worker's employment; If you cannot determine the country in which the worker's employment, the right to the patent shall be determined by the law of the State in which it is the employer's company, in which the worker is working. (2) If two or more persons have created the invention independently of each other, the right to a European patent shall belong to the person whose European patent application earlier application date, provided that the first application has been published. (3) the European Patent institutions records, it is considered that the applicant is entitled to use the right to the European patent. 21. Article 61 of the expression by the following: article 61 the European patent application which has no right to a European patent (1) if there is a final judgment of the Court of Justice that the right to a European patent is a person other than the applicant, that person may, in accordance with the rules of procedure: (a) to continue the management of the applicant's application as of its application; (b) file a new European patent application for the same invention; or (c) request the rejection of the application. (2) article 76 of the Convention, the conditions of part 1 apply mutatis mutandis (mutatis mutandis) to the new application, submitted in accordance with part 1 (b). 22. Article 65 be expressed by the following: article 65 of the European patent specification translations (1) any Member State may provide that, where granted by the European Patent Office or the European patent the European patent in respect of this country in a language other than an official language of that State, the applicant or the patent owner shall submit to the national industrial property office a translation of the patent in the language of the country or in the country in a particular language. The translation deadline is three months from the date on which the European Patent Bulletin is published in the news of the granting of the European patent or amendment, unless the State does not set a longer time limit. (2) each Member State which has adopted the 1. the conditions laid down in part, you can determine that the applicant or patent owner a period set in this country to pay for the publication of the translation. (3) each Member State may provide that paragraph 1 and 2 that the conditions laid down in the case of a European patent in that State is considered void ab initio. 23. Article 67 be expressed by the following: article 67 rights conferred by a European patent application after publication (1) the European patent application from the date of publication of the grant referred to in article 64 the applicant provisional protection in the Member States, listed in the publication of the application. (2) any Member State may provide that the European patent application does not grant the protection referred to in article 64. However, the protection resulting from the publication of the patent application may not be less than those granted to national law the national mandatory for patent applications to be published, having been subjected to inspection. In any case, each State provides at least that of the European patent application is published the applicant may require appropriate remuneration from any person who has used the invention in the country where that person in accordance with national legislation be liable for patent infringement. (3) each Member State whose official language is not the language of proceedings, may prescribe that provisional protection in accordance with part 1 and 2 do not stand until the translation of the claims in one of the official languages or the language of the State after the choice of the applicant: (a) are not made public in the national legislation, or (b) is not known to the person using the invention in this country. (4) the European patent application shall not in any event part 1 and 2 above, if it has been withdrawn, is deemed to be withdrawn or finally refused. These same conditions also apply to the European patent application in force in the Member States indicated that is withdrawn or considered withdrawn. 24. Article 68 of the expression by the following: article 68 European patent rejection effect of European patent application and on the basis of the European patent is not granted 64. and in force referred to in article 67 of the initiation to the extent it is rejected in the opposition procedure. 25. Article 69 be expressed by the following: article 69 scope of protection (1) the rights granted by the European patent or a European patent application is determined. A description of the invention and drawings are used in the interpretation of the claims. (2) the period of time up to the grant of the European patent the European patent application rights is determined by the last (newest) submitted a petition that has been published. However, the European patent is granted or the opposition procedure in the amended European patent application determines the retrospective rights, unless the rights are not extended to it. 26. Article 70 of the expression by the following: article 70 of the European patent application or European patent (1) the authentic text of a European patent application or European patent in the language of the proceeding text is authentic text at any stage of the proceedings the European Patent Office and in each Member State. (2) However, in cases where the European patent application is filed in a language other than the European Patent in the official language of the authority, the text is submitted to the application within the meaning of this Convention. (3) any Member State may provide that the translation in the official language of this State, as provided for in the Convention, this country is considered as the authentic text, except for the cancellation procedure, if a translation of the application or patent granted in narrower rights than the text in the language of the proceedings. (4) each Member State shall adopt the conditions of part 3: (a) allow the applicant or patent owner to submit the correct European patent application or European patent translation. Such corrected translation shall not have any legal consequences in the event of failure to comply with article 65 of part 2 or part 3 of article 67; (b) may provide that every person in this country in good faith, used the invention or has made serious preparations for using the invention, and such use is not an infringement of the patent under the translation originally submitted, may continue such use even after corrected translation takes effect, their business or its needs without payment of remuneration. 27. Express article 75 as follows: article 75 filing of the European patent (1) the European patent application may be filed: (a) the European Patent Office, or (b) where the law of a Member State permits it, the national central industrial property office or other authorised body. In this way, the application submitted has the same effect as if it had filed on the same date, the European Patent Office. (2) part 1 of this article shall not prevent the application of the conditions of legal or administrative rules in each Member State: (a) inventions, which are applied in accordance with their nature, must not be disclosed to foreign countries without competent authorities prior permission, or (b) provides that every application must first be submitted to the national authority, or it may be right to submit another authority with prior permission. 28. the express article 76 as follows: article 76 European release application (1) the European release the application must be submitted directly to the European Patent Office in accordance with the rules of procedure. It may be submitted only to the object that do not go beyond the original scope of application; If these conditions are met, the application shall be deemed to have been filed on the date of the initial application and has the same right of priority. (2) all European emission at the time of filing of the original application in the Member States are considered to be the Member States dealt with your application. 29. the express article 77 as follows: article 77 of the European patent application (1) the central industrial property office to forward the submissions or any other competent authority in that State applications submitted to the European Patent Office in accordance with the rules of procedure. (2) the European patent application in which the object is considered secret, are not forwarded to the European Patent Office. (3) the European patent applications which do not reach the European Patent Office in the prescribed time shall be considered withdrawn. 30. Article 78 of the expression by the following: article 78 in the European patent application requirements (1) a European patent application shall contain: (a) the request to grant the European patent; (b) a description of the invention; (c) one or more claims; (d) the drawings, if the description or claims refer to them; (e) a summary and must fulfil the requirements laid down in the rules of procedure. (2) a European patent application must pay the application fee and patentmeklējum. If the application fee or the fee has not been paid to the patentmeklējum before the time limit expires, the application shall be deemed withdrawn. 31. Article 79 of the expression by the following: article 79 specify the Member States (1) the European patent application, at the time all the parties to the Convention are considered to be specified in the request for grant of a European patent. (2) For the indication of the Member State of identification may be required. (3) the instructions of a Member State may be withdrawn at any time up to the grant of the European patent. 32. Article 80 of the expression by the following: article 80 date of the European patent Application the filing date is the date that you have met the requirements provided for in the rules of procedure. 33. the express article 86 by the following: article 86 of the European patent application (1) maintenance fees maintenance fees for European patent applications a European Patent must be paid to the authority in accordance with the rules of procedure. These fees must be paid from the third year and for each subsequent year, counted from the filing date. If the maintenance fee has not been paid within the time limit, the application shall be deemed withdrawn. (2) the obligation to pay maintenance fee ends with fee for the year in which the European patent bulletin is published in the notice of grant of a European patent. 34. Article 87 be expressed by the following: article 87 the right of priority (1) any person or its successor, duly made by: (a) in one of the Paris Convention for the protection of industrial property in Member States, or (b) one of the Member of the World Trade Organization patent application, useful application for a utility model certificate shall be entitled to request the European patent application for the same invention in the priority of the first application, if the European patent application is filed within twelve months from the date of the first application. (2) each application, which is equivalent to the correct national application shall be in accordance with national law or under bilateral or multilateral treaties, including the Convention, the right of priority. (3) the proper national patent application has each that can be assigned a filing date, regardless of the fate of the application. (4) the next patent application for the same invention, which was the earlier — the first application filed in the same country or in respect of the same State, is considered as the first application for the purpose of determining the right of priority, provided that at the date of the subsequent application the earlier application has been withdrawn, abandoned or refused, without guidance, without disclosure and without any rights resulting therefrom, and it has already been on the basis of the priority claim. The earlier application then can serve as a basis for requesting the right of priority. (5) if the first filing has been the body that is not subject to the Paris Convention for the protection of industrial property or to the agreement establishing the World Trade Organization, paragraphs 1 to 4 shall apply if that authority in accordance with the European Patent Office published a notice of the President of the grant equivalent of the right of priority based on the first application the European Patent Office, as well as on the first application in one of the Member States or relating to such Member State in accordance with the Paris Convention equivalent conditions. 35. Express article 88 as follows: article 88 priority claim (1) the applicant for the Patent, desiring to use the previous application shall file a declaration of priority and the other documents required in accordance with the rules of procedure. (2) the European patent application may require a number of priorities despite the fact that it may originate in different countries. If necessary, you can request a number of priorities for each claim. Requiring multiple priorities, deadlines, starting from the date of priority, starting from the earliest priority date. (3) if the European patent application claiming one or more priorities priority rights apply only to the European patent application features, which also contains this patent application or applications whose priority is claimed. (4) If the specific characteristics of the invention for which priority is claimed, no earlier application is claimed, the priority right may be granted, however, if the earlier application materials as a whole specifically disclose such characteristics. 36. Article 90 of the expression by the following: article 90 application and examination of formal requirements (1) the European Patent Office in accordance with the rules of procedure checks whether the application complies with the requirements of the application date. (2) If the period referred to in part 1, on inspection, that the application cannot be granted, the application shall not be deemed to be a European patent application. (3) if the European patent application has been accorded a filing date of the European Patent Office in accordance with the rules of procedure checks whether the application complies with 14, 78 and 81, article, as well as, where appropriate, article 88 of part 1 and part 2 of article 133 requirements, as well as the rules of procedure. (4) if the European Patent Office, or 1.3., part inspection, finds that the application is corrected deficiencies, it gives the applicant the opportunity to correct it. (5) if the examination referred to in part 3 of the shortcomings are not remedied, the European patent application is rejected, the Convention does not provide other legal consequences. If the deficiencies concern the right of priority, the application loses this right of priority. 37. The deletion of article 91. 38. Express article 92 the following: article 92 of the European patentmeklējum compose the European Patent Office shall draw up and publish a report of the European patentmeklējum arising from the claims, also taking into account the description and drawings in accordance with the rules of procedure. 39. Express article 93 the following: article 93 of the European patent application publication (1) the European patent application shall be published as soon as possible, (a) after the expiry of 18 months from the filing date or, where priority is claimed, from the priority date, or (b) at the request of the applicant, before the expiry of that period. (2) the European patent application shall be published together with the European patent specification, if the decision on the grant of the patent is taken up in part 1 (a) before the expiry of the period referred to in paragraph 1. 40. Article 94 of the expression by the following: article 94 European patent application inspection (1) the European Patent Office at the written request of the date of receipt of the patent application expertise on its conformity with the requirements of the Convention in accordance with the rules of procedure. The request for inspection is deemed not to have been filed until the fee has been paid for expertise. (2) if the request is not submitted for expertise for a period, the application shall be deemed withdrawn. (3) if the inspection finds that the European patent application or the invention to which it describes, not satisfying the requirements of the Convention, the Department asks the expertise of the applicant to submit their comments on the procedure laid down in the rules of procedure as many times as it deems necessary, and to amend the application under part 1 of article 123. (4) if the applicant does not respond to all calls of chapter expertise within a specified period, the application shall be deemed withdrawn. 41. The deletion of article 95 and 96. 42. Article 97 of the expression by the following: article 97 allocation or rejection (1) if the examination Department finds that the invention described in the application and shall meet the requirements of the Convention, it shall take a decision on the grant of European patents, provided that the rules of procedure. (2) if the Inspection Department believes that the application and describes the invention does not meet the requirements of the Convention, it shall reject the application if the Convention does not lay down any other legal consequences. (3) the decision on the grant of the European patent shall take effect on the day on which the notice of the grant of the European patent is published in the European Patent Bulletin. 43. the express article 98 as follows: article 98 of the European patent specification published in the European Patent Office shall publish the specification of the European patent as soon as possible after the announcement of the grant of the European patent the European Patent Bulletin of the publication. 44. the title of part V, be expressed by the following: part V OPPOSITION and limitation procedure 45.99 article be expressed by the following: article 99 of the opposition (1) any person within nine months from the date of publication of a notice of the grant of the European patent, may submit to the institution of the European Patent in opposition against the European patent is granted in accordance with the rules of procedure. The opposition is deemed not to have been filed if the opposition fee has been paid. (2) the opposition shall apply to the European patent in all the Member States in which the patent is in force. (3) the opponent (opponent) and the patent owner is part of the opposition procedure. (4) where a person provides evidence that, in one Member State on the basis of the final decision, it is included in the Patent Register of that Member State the previous patent owner's site, this person can ask for permission to replace the previous proprietor in respect of this country. Notwithstanding the provisions of article 118, the previous proprietor and the person who submitted the request, are not considered co-owners if the two parties have not requested it. 46. Article 101 be expressed by the following: article 101 of the opposition proceedings — European patent maintenance or withdrawal (1) If the opposition is admissible, the Opposition Division examined in accordance with the rules of procedure, or at least one of the grounds for opposition referred to in article 100, detrimental to the maintenance of the European patent in force. Opposition proceedings before the Opposition Division shall invite the parties to submit their comments to the other notifications or their claims as many times as it deems necessary. (2) if the opposition Division considers that at least one of the grounds for opposition referred to in article 100, detrimental to the maintenance of the European patent, it shall withdraw the patent in force. Otherwise, it shall reject the objection. (3) If the opposition Division considers that, having regard to the conclusions of the owner of the patent, amendments during opposition proceedings, the patent and the invention to protect it. (a) meets the requirements of the Convention, it shall take a decision to maintain the patent in amended form in force, provided that the requirements of the rules of procedure are fulfilled; (b) does not meet the requirements of the Convention, it shall revoke the patent. 47. Deletion of article 102. 48. Article 103 be expressed by the following: article 103 of the new specification of the European patent the European patent If the publication is amended in accordance with part 3 of article 102 (a), the European Patent Office shall publish a new specification of the European patent as soon as possible after the publication of the European patent Bulletin of the decision in the case of opposition. 49. Article 104 be expressed by the following: article 104 (1) each Party shall bear its own costs of the opposition proceedings, unless the Opposition Division in accordance with the rules of procedure, the principle of Justice, do not cover the costs of the different procedures. (2) cost sharing arrangements are laid down in the rules of procedure. (3) the use of property rights (enforcement) everyone in the Member States of the European patent authorities for final decision on the size of its fixed costs, has the same effect as the civil courts of the State in the final judgment, which is realized in property law enforcement. The verification is limited to its authenticity. 50. Article 105 be expressed by the following: article 105 Suspected patent infringers engagement (1), any third party may, in accordance with the rules of procedure, to join the opposition procedure, after the opposition period has passed, if it proves that (a) are brought against it on this same patent infringement, or (b) that the patent proprietor has requested she abandon the alleged patent infringement and that she has proposed that the proceedings for infringement of the patent invalidation. (2) where accession is permitted, it looks like the opposition. 51. To include the new 105 and 105b., 105c. Article 105 article go and express them by the following: 105. Article requests for limitation or revocation of (1) at the request of the holder of a European patent may withdraw or limit by amending the claims. The request must be submitted to the European Patent Office in accordance with the rules of procedure. It is considered not to have been filed, if it is not paid a fee for the cancellation or restriction. (2) a request may be submitted at the time of filing of opposition against the European patent. Article 105b European patent limitation or cancellation (1) the European Patent Office checks whether the rules of procedure are fulfilled on the European patent limitation or cancellation. (2) if the European Patent Office considers that the application for a European patent limitation or cancellation shall comply with these rules, it shall decide to limit or revoke the European patent in accordance with the rules of procedure. Otherwise, the request is rejected. (3) a decision concerning the European patent limitation or cancellation shall apply in all Member States for which the European patent is granted. It shall enter into force on the date on which the European patent bulletin is published notice of that decision. Article 105c of the amended specification of the European patent the European patent if the publication is restricted under article 105b, part 2, the European Patent Office shall publish the amended specification of the European patent as soon as possible after the publication of the notice of the European patent bulletin. 52. Article 106 of the expression by the following: article 106 of the decision against which an appeal can be (1) an appeal may be lodged against the application receipt, Inspection Department, the Legal Department and the opposition Division's decision. The appeal suspends the application proceedings. (2) Against a decision which does not terminate proceedings as regards one of the parties can only be appealed together with the final decision, unless the decision provides that you may submit a separate appeal. (3) the right of appeal against the decision on the costs of the opposition proceedings can be limited in accordance with the rules of procedure. 53. Article 108 be expressed by the following: article 108 time limit and form of Appeal of the European Patent application shall be submitted to the authority within two months from the date of the decision against which the appeal is lodged in accordance with the rules of procedure. The application shall be deemed not to have been filed, if the fee has not been paid. Four months from the date when the decision is notified in writing of the grounds for appeal must be submitted in accordance with the rules of procedure. 54. Article 110 of the expression by the following: article 110 the appeal if the appeal is admissible, the Board of appeal shall examine whether it is permissible. The examination carried out in accordance with the rules of procedure. 55. include a new 112. Article by article 112, and express it as follows: 112. Article requests for the enlarged Board of appeal review (1) the filing of each party that has adopted a negative decision, the Board of appeal may submit a request to the enlarged Board of appeal for further hearings. (2) a request may be made only on the following grounds: (a) a member of the Board of appeal has participated in the adoption of the decision, contrary to article 24 of part 1 or despite the fact that he has been rejected in accordance with article 24, part 4 of the decision; (b) a Board of appeal has been included for a person who is not appointed as a member of the Board of appeal; (c) in the case of a serious violation of article 113; (d) filing of appeal is vitiated in other relevant rules of certain procedural irregularities; or (e) is found in the legislation activities that could affect the decision under the conditions provided for in the rules of procedure. (3) a request for review does not suspend the proceedings. (4) a request for review must be submitted on the grounds, as laid down in the rules of procedure. If the request is justified by the part 2 (a) to (d) the conditions referred to in points, it must be lodged within two months from the date of notification of the decision of the Board of appeal. If the request is based on part 2 of paragraph (e) of the conditions, the application must be filed within two months from the date of the legislation found in action, but in any case not later than five years from the date of notification of the decision of the Board of appeal. The request shall be deemed not to have been filed when the fee has been paid. (5) the enlarged Board of appeal shall examine the request for review in accordance with the rules of procedure. If the request is allowable, the enlarged Board of Appeal annulled the decision and restore the proceedings before the Board of appeal in accordance with the rules of procedure. (6) any person specified in that Member State during the period between the decision of the Board of appeal and enlarged Board of Appeal's decision on the publication of the European patent bulletin, adopted in accordance with the request for review is, in good faith, used the invention or made a substantial and serious preparations for using the invention, which is published in the European patent application or the European patent, may continue such use free of charge in your business or it needs. 56. Article 115 be expressed by the following: article 115 comments of third parties After the publication of the European patent, any person may submit observations on the patentability of the invention applied for. Such comments should be submitted in writing and must specify the rules of law, to which they are based. Such a person is not a party to the proceedings for the European Patent Office. 57. Article 117 of the expression by the following: article 117 of the taking of evidence (1) in any proceedings the European Patent establishment and acquisition of evidence includes: (a) hearing the parties; (b) requests for information; (c) submission of documents; (d) hearing the witnesses; (e) opinions by experts; (f) verification; (g) a sworn written statements. (2) the procedure for the taking of evidence is laid down in the rules of procedure. 58. the express article 119 by the following: article 119 Notification by the European Patent Office shall communicate their decisions and send out invitations, as well as other statements in accordance with the rules of procedure. In exceptional cases, where circumstances warrant, notifications can be sent via the Member States ' central industrial property authorities. 59. Article 120 of the expression by the following: article 120 time limits in the rules of procedure shall determine: (a) the time limits to be observed record keeping procedures and the European Patent Office which is not defined in the Convention; (b) the procedure for the calculation and the circumstances under which such time limits may be extended; (c) the European Patent authority existing minimum and maximum time limits. 60. the express article 121 the following: 121. Article of the European patent application in future proceedings (1) if the applicant has not adhered to European Patent authorities to their limits, the applicant may be asked to continue the application proceedings. (2) the European Patent Office to satisfy the request, if the rules of procedure. Otherwise, the request is rejected. (3) If the request is satisfied, the legal consequences of non-compliance do not stand. (4) the continuation of the Proceedings shall not be subject to part 1 of article 87, article 108 and 112. Article 4 of part time, as well as to the time limit for the submission of the request for continuation of proceedings or the renewal of the law. Regulations may provide for the filing of a non-renewal of another failure. 61. Article 122 be expressed by the following: article 122 (1) of the law of the European patent applicant or owner's rights are restored at his request in cases where the applicant or owner was not able to observe the activities of the European Patent establishment limits him, despite the circumstances the due diligence, If this deadline is not respected, the direct consequences under the Convention is the European patent application or the refusal of the request or the European patent application is withdrawn or considered ineffective, revoke a European patent, or any other rights or remedies. (2) the European Patent Office to satisfy the request, if the conditions of part 1 and the rules of procedure. Otherwise, the request is rejected. (3) If the request is satisfied, the legal consequences of non-compliance do not stand. (4) the renewal of the Law does not apply to the time limit for the submission of the request for renewal. The rules may provide for a different period. (5) any person specified in that Member State during the period between the rights referred to in part 1 of the loss and the publication of the European patent bulletin on this right, is in good faith, used the invention or made a substantial and serious preparations for using the invention, which is published in the European patent application or the European patent, may continue such use free of charge in your business or it needs. (6) the provisions of this article shall not prevent a Member State to allow the restoration of the rights provided for in the Convention and the national Office of industrial property of the action to be taken. 62. Article 123 be expressed by the following: article 123 amended (1) the conditions under which a European Patent in the course of the proceeding authority may amend the European patent application or European patent, are set out in the rules of procedure. In any case, the applicant has the right to at least one time to amend the description, claims and drawings of his election. (2) the European patent application or European patent amended cannot extend the application originally submitted content. (3) the European patent may not be amended so that the protection granted is extended. 63. Express article 124 the following: 124. Article information about the State of (1) the European Patent Office may, in accordance with the rules of procedure to ask the applicant to submit the technical level of the information that was considered in the national or regional patent proceedings and relating to inventions that are the object of the European patent application. (2) if the applicant does not respond within the time limit referred to in paragraph 1 a request, the European patent application shall be deemed withdrawn. 64. Deletion of article 126. 65. Article 127 of the expression by the following: article 127 European patent register, the European Patent Office shall keep a register and who is known as the European patent register and which is provided for in the Convention. Do not register any record before the publication of the European patent application. The register is publicly available. 66. Article 128 to express the following: 128. Article introduction to things (1) a European patent application cases prior to their publication is not publicly available without the applicant's consent. (2) any person who can prove that the applicant for a European patent have been approached to it, based on his rights of the applicant, you can familiarize yourself with the case before the publication of the application and without the applicant's consent. (3) If it is published in the European release, the application or a new application, submitted in accordance with article 61 part 1, any person may consult the case earlier before the publication of the application and without the consent of the applicant. (4) following the publication of the European patent application, submitting a request, you can familiarize yourself with the things relating to this application and the European patent granted, subject to the limits laid down in the rules of procedure. (5) before the publication of the European patent application, the Patent Office may notify the third parties or publish messages defined in the rules of procedure. 67. Article 129 be expressed by the following: article 129 a periodic publication of the European Patent Office shall periodically publish: (a) the European patent bulletin containing particulars the publication of which is prescribed by the Convention, the rules of procedure or the President of the European Patent authorities; (b) the European Patent authorities Official Journal of the European Patent containing the presidential authority notices and information of a general character, as well as information relating to the Convention or its implementation. 68. Article 130 of the expression by the following: article 130, the exchange of information (1) If a Convention or national law does not provide for other procedures, the European Patent Office and the Member States ' central industrial property authorities requested give each other every useful information about European or national patent applications, this application filing and granted patents as well as any procedure in this regard. (2) in part 1 of this article shall apply to the exchange of information, based on cooperation agreements between the European Patent Office, and (a) other national central industrial property authority; (b) any intergovernmental organization which is empowered to grant the patent; (c) any other organization. (3) this article part 1 and 2 (a) and (b) the exchange of information referred to in paragraph 1 is subject to the restrictions laid down in article 128. The Administrative Council may determine that the part 2 (c) referred to in the exchange of information is not restricted if the organization concerned with the information as confidential until the publication of the European patent application. 69. Article 133 be expressed by the following: article 133 of the General principles of representation (1) in accordance with part 2 conditions no person procedures provided for in the Convention is not to be represented by a professional representative. (2) natural or legal persons having their domicile or business location is in one of the Member States, all the procedures provided for in the Convention, except for the filing of the European patent must be represented by a professional representative; The rules may provide for other exceptions. (3) natural and legal persons having their residence or business location is in one of the Member States, the procedures provided for in the Convention, may be represented by an employee, who need not be a professional representative but who must have the authorisation provided for in the rules of procedure. Regulations may provide whether and under what circumstances such an employee of a legal person may also represent other legal persons which the company location is in one of the Member States and which has economic links with the first legal person. (4) Regulations may provide for special conditions to the common representation of the parties acting jointly. 70. Article 134 of the expression by the following: article 134 of the representative of the European Patent (1) natural and legal persons of the procedures provided for in the Convention, may be represented only Professional members who have registered for that purpose by the institution of the European patent maintained list. (2) any natural person can be recorded on the list of professional representatives, if it meets the following requirements: (a) is a national of one of the Member States; (b) the business or place of employment is located in one of the Member States; (c) has passed the examination. (3) within one year from the date of entry into force of the country's accession to the Convention, inclusion in this list may require any person who (a) is a citizen of a Member State, (b) where the place of business or work in a country that has acceded to the Convention, and (c) which is entitled to represent natural or legal persons in this country, the patent before the central industrial property office. If that representation is not associated with a specific professional qualification, then the person in this country in this area need to be regularly worked for at least five years. (4) the list of records made on request, accompanied by certificates attesting that the part 2 and 3 of these requirements have been met. (5) persons whose names are on the list of professional representatives shall be entitled to act in all the procedures provided for in the Convention. (6) the professional representative for the purpose of carrying out the work of each person who is registered on the list of professional representatives shall be entitled to professional equipment, a place in one of the Member States, in which you can take for a Convention, taking into account the control protocol, which is an annex to the Convention. To refuse this right the State institutions can only be the case if it provides for the public security, the maintenance of law and order. Before any such refusal is necessary to consult with the President of the European Patent authorities. (7) the President of the European Patent authorities may exempt: (a) the specific case of part 2 (a) or paragraph 3 (a) of part of compliance with the requirements; (b) from part 3 (c) of paragraph 2. in compliance with the said requirements the sentence, if the applicant furnishes proof that he has acquired the requisite qualification in another way. (8) professional representation in proceedings referred to in the Convention, in the same way as professional members can also make each Member State legally qualified person with a professional place of business is in that State, to the extent as it has allowed this country to act as a representative in patent matters. This article shall apply mutatis mutandis (mutatis mutandis). 71. include new 134. Article by article 134 and express it as follows: 134. Article European Patent authorities to act in accord with the procedures of the Institute of professional representatives (1) the Administrative Council may adopt and amend the rules: (a) for the European Patent authorities to act in accord with the procedures of the Institute of professional representatives, hereinafter referred to as the Institute; (b) the qualifications and training required for a person to be admitted to the European qualifying examination the sort, as well as the holding of the examination; (c) the disciplinary measures taken by the Institute or the European Patent Office concerning professional representatives; (d) representatives of professional duty of confidentiality and the right to the European Patent authorities in proceedings not to disclose News obtained in consultation with the client or other persons. (2) every person who is included in part 1 of article 134 in the list of professional representatives, is a member of the Institute. 72. Article 135 of the expression by the following: article 135 a request for conversion (1) referred to the central industrial property authority apply to the national patent granting procedure only after the European patent at the request of the applicant or owner, and in the following cases: (a) if the European patent application is deemed to be withdrawn in accordance with article 77 (b); (b) other national laws in the cases where the European patent application is rejected or withdrawn or is deemed to be withdrawn if the European patent is revoked in accordance with the Convention. (2) part 1 of this article, (a) in the case referred to in paragraph 1 a request for conversion must submit it to the central industrial property office, which was submitted to the European patent application. That authority, subject to the provisions on national security, transmit the request to the Member States ' central industrial property authorities directly. (3) of part 1 of this article, (b) in the case referred to in paragraph 1 a request for conversion shall be submitted to the authority of the European Patent in accordance with the rules of procedure. It is considered not to have been filed when the fee has not been paid on the conversion. European Patent Office forwards the request to the Member States ' central industrial property offices. (4) article 66 of the Convention referred to in the European patent application in force shall cease if the request for conversion is not filed in due time. 73. The deletion of article 136. 74. Article 137 of the expression by the following: article 137 conversion formal requirements (1) in accordance with article 135 of 2 or 3 parts forwarded the European patent application shall not apply national law formal requirements that are different from or in addition to those which are provided for in the Convention. (2) each central industrial property office to which the European patent application is transferred, may require that the applicant within a time limit which shall be not less than two months: (a) pay the national application fee; and (b) submit the original text of the European patent application and, where applicable, the European Patent Office filing the amended application during the translation of text in one of the official languages of the Member State where the applicant wants to use as the basis for the national procedure. 75. the express article 138 as follows: article 138 European patent cancellation (1) in accordance with article 139 of the European patent may be cancelled only on the basis of the law of the Member State, which is the force on its territory, with the following reasoning: (a) if the European patent is not patentable objects under article 52 to 57; (b) if the European patent does not disclose the invention so clearly and completely to a connoisseur could implement without inventors inventions further innovation; (c) if the European patent is the object for more than the amount of the object of the application or, if a patent that is granted by dedicated patent application or a new application in accordance with article 61, the scope is wider than the earlier proposed bid amount; (d) if the protection conferred by the patent has been extended; or (e) if the European patent is not entitled to the owner in accordance with article 60, paragraph 1. (2) if the grounds for revocation affect the patent only partially, then the patent restricts the claims, amended and replaced the partially. (3) the patent owner has the right to limit the patent by amending the claims procedure, the competent court or authority, which has jurisdiction to decide the validity of the European patent. 76. Article 140 of the expression as follows: article 140 national utility models and use certificates Convention, 66, 124.135.,137. and article 139 shall apply to the appropriate models and use the certificate registered or deposited in the Member State where the law provides for such models or certificates. 77. Article 141 to express the following: 141. Article charges for the maintenance of the European patent in force (1) European patents maintenance fees may be charged only for the years that followed those years referred to in article 86, part 2. (2) all fees, which fall within the period of two months after the publication of the report in the interval of the European patent in the European patent bulletin, is considered paid within the time limit, if they are made in this interval. National legislation provided for an additional fee. 78. include new 149. Article by article 149 and express it as follows: 149. Article other contracts in the Member States (1), of the Convention could not be interpreted as limiting the rights of some or all the Member States to enter into special agreements provided for in the Convention questions relating to European patent applications or European patents shall be determined by the national law, in particular (a) the Treaty which set up the Member States a common European Patent Court; (b) the agreement establishing the common institutions of the Member States, which by national courts or authorities shall provide, at the request of kvazijudiciāl opinions on harmonised European or national patent law issues; (c) of the Treaty to which the Member States fully or partly renounces the translation referred to in article 65; (d) the Treaty, in which it states that the Member States referred to in article 65 of the European patent translations may be submitted to the authority and the European Patent, it shall publish these translations. (2) the Administrative Council may decide that (a) the boards of appeal and the enlarged Board of appeal members can work the European patent court or total body and to attend court or the procedures under those treaties; (b) the European Patent Office shall provide the common institutions with the support staff, premises and equipment as may be necessary for the performance of its duties and the costs shall be borne by the Organization, in full or in part. 79. part X of the Convention be worded as follows: part X international applications under the Patent Cooperation Treaty the Patent Cooperation, article 150 of the Treaty (1) 19 June 1970 Patent Cooperation Treaty, further Cooperation agreements, applied in accordance with the provisions of this part. (2) in accordance with the Cooperation Agreement submitted to the international application filing may be the European Patent Office. In these cases, apply the provisions of that agreement, a supplement to the Convention. Conflict-of-laws cases cooperation shall apply the provisions of the Treaty. Article 151 the European Patent Office as the authority, the European Patent Office acts as the authority, within the meaning of the Treaty of Cooperation in accordance with the rules of procedure. Apply article 75, part 2. Article 152 of the European Patent Office as an international institution or international patentmeklējum primary inspection institution of the European Patent Office acting as international institutions and international patentmeklējum primary inspection institution Cooperation Agreement means those applicants who are nationals of the Member States of the Convention, the permanent residents, or that these countries have a permanent location, in accordance with the agreement concluded between the Organization and the world intellectual property organization's International Bureau. This agreement may provide that the European patent office also works for other applicants. Article 153 of the European Patent Office as designated or designated authority (1) the European Patent Office acts as: (a) the authority specified in the contract within the meaning of those cooperation Convention in which the cooperation agreement has entered into force and which are listed in the international application, if the applicant notifies the recipient of the international application, that he mentioned the Member States wants to get a European patent, and (b) the designated authority shall, if the applicant has appointed a country that is a designated State under (a). (2) the international application for which the European Patent Office is a designated or designated authority, and where the international application has been assigned a date, is equivalent to a direct European applications (Euro-PCT applications). (3) the Euro-PCT application international publication in one of the EPO official languages of the institutions of the European patent application publication and it is mentioned in the European patent bulletin. (4) If the Euro-PCT application is published in another language, its translation into one of the official languages of the European Patent must be submitted to the authority, which it publishes. In accordance with article 67 part 3 temporary protection provided for in article 67 and in part 2, in force from the date of this publication. (5) the Euro-PCT application is deemed to be a European patent application and it is considered part of the art under article 54, if part 3 and part 4 of the rules of procedure, and conditions. (6) International patentmeklējum report or declaration, which it replaces, as well as their international publication the Euro-PCT application must consider the report of the European patentmeklējum and its publication is referred to in the European patent bulletin. (7) in addition to the European patentmeklējum report shall be drawn up in Euro-PCT application in accordance with paragraph 5. The Administrative Council may decide that the supplementary report be drawn up not patentmeklējum or patentmeklējum a fee for them is reduced. 80. the Hatched 154.155.156,, 157.158., ' 59,., 160, 161, 162.. and article 163. 81. Article 164 to express the following: rules of procedure and article 164 Protocol (1) the rules of procedure, the Protocol on recognition, the Protocol on the privileges and immunities the Protocol on centralisation, the Protocol on the interpretation of article 69 and Protocol for personnel is an integral part of the Convention. (2) in cases of conflict between the provisions of the Convention and the rules of the rules of procedure, applicable to the provisions of the Convention. 82. The deletion of article 167.   Article 2 protocols 1. Express the Protocol on the interpretation of article 69 EPC as follows: Protocol on the interpretation of article 69 article 1 General principles article 69 should not be interpreted as meaning that the protection conferred by European patents are understood to literally and directly stems from the words used in the claims meaning, a description, and the drawings using only the claims of the current uncertainty. It should also be interpreted as meaning that the claims serve only as a guideline and that the actual protection can extend to what the patent owner, taking into account expert views on the description and drawings, is intended to protect. On the contrary, it is interpreted as the middle position is located between these two extremes, which simultaneously gives a fair protection for the owner of the patent and a reasonable degree of certainty for third parties. Article 2 the equivalents for the purpose of determining the extent of protection granted by the European patent, the proper assessment must be given to each element that is equivalent to the claim of the named element. 2. include as an integral part of the EPC the following protocol: Protocol concerning the European Patent authorities to the Hague branch personnel (Protocol on personnel) of the European Patent Organisation guarantees that European Patent authorities to the Hague branch of the State part number, as defined in the 2000 establishment plan and in this state the location list will remain substantially unchanged. Any changes to the the Hague branch of the State in which the number of seats by more than 10% of that part of the drift, and who are in need of better European Patent authorities to function properly, the Administrative Council of the Organization shall be decided by the President of the European Patent authority proposal, submitted after consultation with the Federal Republic of Germany and the Government of the Kingdom of the Netherlands. 3. To make the Protocol on centralisation of the article as follows: Protocol on the centralisation of the European patent system and on its introduction (Protocol on centralisation) article I (1) (a) on the entry into force of the Convention, its Member States, which is also in accordance with the Hague on 6 June 1947 the Treaty established the International Patent Institute, the Member States shall take all measures necessary to ensure that the International Patent Institute's assets and liabilities, and the entire staff of the European Patent Office not later than the Convention part 1 of article 162 of the specified date. Such a transition is marketed in accordance with the agreement between the International Patent Institute and the European Patent Organisation. The above mentioned countries and the other States parties shall take all measures necessary to ensure the implementation of this agreement not later than the date referred to in article 1 of the Convention 162. part. With the implementation of this agreement the International Patent Institute's Member States that are also parties to the Convention undertake further terminate your membership of the Hague Agreement. (b) of the Convention, Member States shall take all necessary measures to ensure that all assets and liabilities, receipts and International Patent Institute staff recruitment office the European Patent in accordance with (a) referred to in the contract. Tasks left binding international Patent Institute at a time when the Convention is open for signature by the Member States, in particular those made by its Member States, whether or not they become parties to the Convention, and notes that countries that at the time when the Convention enters into force, is simultaneously the International Patent Institute and a member of the European Patent Convention, began filling the entry into force of the Convention, and this contract execution takes over the European patent office. In addition, the European Patent Organisation's Administrative Council of the European Patent, the authority can ask for additional responsibilities in the area of patentmeklējum. (c) the obligations referred to above shall apply mutatis mutandis to the assisting authority constituted under the Hague Agreement at terms that are defined in the agreement between the International Patent Institute and the Government of that Member State. That Government undertake to conclude a new agreement with the European Patent Organisation in an existing contract with the International Patent Institute site, in order to harmonise the rules on the establishment, operation of the assisting authority and funding to the provisions of this Protocol. (2) in accordance with the provisions of article III of the Convention the Member States ' central industrial property authorities withdraw all their activities, which they take as a Patent Cooperation Treaty, the international patentmeklējum for the good of the authorities of the European Patent Convention the authority from part 1 of article 162 of the said date. (3) (a) are established in Berlin the European Patent institutions assisting authority European patent application patentmeklējum requirements from the date mentioned in article 1 of the Convention 162. part. It works under the direction of the branch at the Hague. (b) the Administrative Council shall determine the duties of the assisting authority Berlin General considerations and requirements of the European Patent authorities in regard to the context of the patentmeklējum. (c) at least progressive the European Patent authorities at an early stage of activity, carried out the work that the assisting authority, must be sufficient to German Patent authorities Berlin Branch expert staff that work at the time when the Convention is opened for signature, should be fully employed. (d) the Federal Republic of Germany to the European Patent Organisation shall bear all extra costs incurred in establishing and maintaining the assisting authority in Berlin.   Article 3 of the Convention, the new text (1) the European Patent Organisation's Administrative Council is authorized by the President of the European Patent authorities to draw up a proposal for a new text of the European Patent Convention. The new text of the Convention, if necessary, in all three official languages. The articles of the Convention may renumber and amend the references to them according to the renumbered articles. (2) the Administrative Council of the new Convention adopted by Member States represented and voting three quarters majority. After the adoption of the new text, it becomes an integral part of this amendment. Article 4 signature and ratification (1) this amendment is open for signature to Member States of the European Patent Office in Munich until September 1, 2001. (2) the amendments shall be subject to ratification; the instruments of ratification shall be deposited to the Government of the Federal Republic of Germany. Article 5 (1) Amendment of accession until it enters into force, shall be open to accession by States parties and States which ratify the Convention. (2) the instrument of accession must be deposited with the Government of the Federal Republic of Germany. Article 6 provisional application of the amendments to article 1-4 of 6 and 12.-15. part, article 2, paragraph 2 and 3, and article 3 and 7 shall apply during the transitional period. Article 7 transitional provisions (1) the amended version of the Convention shall apply to all European patent applications are submitted after the date of its entry into force, as well as by these applications granted patents. It not apply to European patents that the date of entry into force of the new version at the moment is already assigned, or the European patent application, which at this point is already in the registry, unless the European patent organisation's Administrative Board decides otherwise. (2) the European Patent Organisation's Administrative Council shall adopt the decision referred to in part 1, not later than 30 June 2001 to Member States who participated and voted three-fourths majority. This decision becomes an integral part of the amendment. Article 8 entry into force (1) the European Patent Convention, the amended text shall enter into force two years after the date of the fifteenth Member State has deposited its instrument of ratification or accession, or on the first day of the third month following the date on which all the Member States have deposited instruments of ratification or accession if it is earlier. (2) with the text of the Convention in the revised entry into force earlier in the former text effect no longer applies. Article 9 Transfer and notification (1) the Government of the Federal Republic of Germany made a certified copy of the amendment and forward it to the Member State Governments and the national Government, which is eager to join the European Patent Convention in accordance with article 166 part 1. (2) the Government of the Federal Republic of Germany shall notify to the part 1 to the Governments referred to: (a) for each instrument of ratification or accession of the deposit; (b) the date of entry into force of the amendment. In witness whereof the undersigned, being duly authorized, have submitted their powers, which are recognized as valid and appropriate design, have signed the amendment. Met in Munich in November two thousand and twenty-ninth month day.