It is hereby established by this Convention a common right of the Contracting States in respect of the grant of patents for invention.

(1) Patents granted under this Convention shall be referred to as European patents.

(2) In each of the Contracting States for which it is granted, the European patent shall have the same effect and shall be subject to the same system as a national patent granted in that State, unless otherwise provided for in this Convention.

The grant of a European patent may be requested for one or more of the Contracting States.

(1) It is hereby established by this Convention a European Patent Organisation, hereinafter referred to as the Organization. It has administrative and financial autonomy.

(2) The organs of the organization shall be:

(a)

The European Patent Office;

(b)

The Governing Council.

(3) The task of the Organization shall be to grant European patents. This task is carried out by the European Patent Office under the supervision of the Board of Directors.

A Conference of Ministers of Contracting States competent in the field of patents shall meet at least every five years to discuss matters relating to the Organization and the system of the European patent.

(1) The Organization shall have legal personality.

(2) In each of the Contracting States, the Organization shall have the widest legal capacity accorded to legal persons by national law; in particular, it may acquire or dispose of movable and immovable property and may be a party to legal proceedings.

(3) The President of the European Patent Office shall represent the Organization.

(1) The Organization shall have its seat in Munich.

(2) The European Patent Office shall be located in Munich. He has a department in The Hague.

By decision of the Administrative Council, agencies of the European Patent Office may be established, as appropriate, for information or liaison purposes, in the Contracting States or with intergovernmental organizations Competent in matters of industrial property, subject to the consent of the Contracting State concerned or the organisation concerned.

Protocol on Privileges and Immunities ¹ Annexed to this Convention defines the conditions under which the Organisation, the members of the Administrative Council, the agents of the European Patent Office and all other persons mentioned in this Protocol and participating in the Activities of the Organization shall enjoy, in each Contracting State, the privileges and immunities necessary for the performance of their tasks.

(1) The contractual liability of the Organization shall be governed by the law applicable to the contract in question.

(2) The non-contractual liability of the Organisation with regard to damage caused by it or by agents of the European Patent Office in the performance of their duties shall be governed by the law in force in the Federal Republic Of Germany. If the damage has been caused by the department of The Hague or by an agency, or by agents of the department or agency, the applicable law is that of the Contracting State in which the department or agency is situated.

(3) The personal liability of officers of the European Patent Office to the Organization shall be governed by their status or the regime applicable to them.

(4) The courts with jurisdiction to settle disputes under s. 1 and 2 are:

(a)

With respect to the disputes referred to in s. 1, the courts of the Federal Republic of Germany, failing the designation of a court of another State in the contract concluded between the parties;

(b)

With respect to the disputes referred to in s. 2, the courts of the Federal Republic of Germany or of the State in which the department or agency is situated.

(1) The direction of the European Patent Office shall be provided by the President, who shall be responsible for the activity of the Office before the Administrative Board.

(2) For this purpose, the President shall, inter alia, have the following functions and powers:

(a)

It shall take all appropriate measures, including the adoption of internal administrative instructions and public information, with a view to ensuring the functioning of the European Patent Office;

(b)

It shall determine, unless otherwise provided for in this Convention, the acts to be performed at the European Patent Office in Munich or its department in The Hague, respectively;

(c)

It may submit to the Governing Council any proposal for amendment of this Convention, of general regulation or of a decision which falls within the competence of the Governing Council;

(d)

Preparing and implementing the budget and any amending or supplementary budget;

(e)

Submits an annual activity report to the Board of Directors;

(f)

It exercises hierarchical authority over staff;

(g)

Subject to s. 11, he appoints the agents and decides on their progress;

(h)

It exercises disciplinary authority over agents other than those referred to in s. 11 and may propose to the Administrative Council disciplinary sanctions against the agents referred to in s. 11, para. 2 and 3;

(i)

It may delegate its functions and competencies.

(3) The President shall be assisted by several Vice-Presidents. In the event of the absence or incapacity of the President, one of the Vice-Presidents shall carry out his duties in accordance with the procedure laid down by the Administrative Council.

(1) The President of the European Patent Office shall be appointed by the Administrative Board.

(2) The Vice-Presidents shall be appointed by the Board of Directors, the President of the European Patent Office.

(3) The members of the Boards of Appeal and the Grand Board of Appeal, including their chairpersons, shall be appointed by the Administrative Board on the proposal of the President of the European Patent Office. They may be renewed in their duties by the Administrative Council, the President of the European Patent Office.

(4) The Board of Directors shall exercise disciplinary authority over the agents referred to in s. 1 to 3.

(5) The Board of Directors may, the President of the European Patent Office, also appoint as members of the Grand Board of Appeals of the members of the national courts or quasi-judicial authorities of the Contracting States, which may continue to carry out their judicial functions at national level. They are appointed for a period of three years and may be re-appointed.

The agents of the European Patent Office shall be obliged, even after the termination of their duties, not to disclose or use the information which, by their nature, is covered by professional secrecy.

(1) Officers or former agents of the European Patent Office, or their successors in title, may make use of the Administrative Tribunal of the International Labour Organisation for disputes between them and the European Patent Organisation, In accordance with the Statute of the Court of First Instance and within the limits and conditions laid down by the Staff Regulations of officials, by the regulation of pensions or resulting from the rules applicable to other servants.

(2) An appeal shall be admissible only if the person concerned has exhausted all means of appeal which are open to him by the Staff Regulations of officials, by the regulation of pensions or by the regime applicable to other servants.

(1) The official languages of the European Patent Office shall be German, English and French.

(2) A European patent application shall be filed in one of the official languages or, if filed in another language, translated into one of the official languages, in accordance with the Regulations ¹ During all proceedings before the European Patent Office, such translation may be made in accordance with the text of the application as filed. If the required translation has not been filed within the time limit, the application is deemed to be withdrawn.

(3) The official language of the European Patent Office in which the European patent application has been filed or translated shall be used as the language of the proceedings, unless otherwise provided in the Regulations, in all Procedures before the European Patent Office.

(4) Natural or legal persons having their domicile or registered office in a Contracting State having a language other than German, English or French as the official language, and nationals of that State having their domicile abroad May produce, in an official language of that State, documents to be produced within a specified period. However, they are required to produce a translation into an official language of the European Patent Office in accordance with the Regulations. If a part other than the component parts of the European patent application is not produced in the prescribed language or if a required translation is not filed within the time limit, the part shall be deemed not to have been produced.

(5) European patent applications shall be published in the language of the proceedings.

(6) European patent specifications shall be published in the language of the proceedings and shall contain a translation of the claims in the two other official languages of the European Patent Office.

(7) The following are published in the three official languages of the European Patent Office:

(a)

The European Patent Bulletin;

(b)

The Official Journal of the European Patent Office.

(8) Entries in the European Patent Register shall be made in the three official languages of the European Patent Office. In case of doubt, registration in the language of the proceedings shall be authentic.

For the implementation of the procedures provided for in this Convention, it shall be established at the European Patent Office:

(a)

A Receiving Section;

(b)

Research divisions;

(c)

Review divisions;

(d)

Opposition divisions;

(e)

A legal division;

(f)

Boards of Appeal;

(g)

A Large Board of Appeal.

The Receiving Section is competent to examine European patent applications at the time of filing and in respect of formal requirements.

Research divisions are competent to draw up European research reports.

(1) Examination divisions shall be competent to examine European patent applications.

(2) A Examining Division shall consist of three technical examiners. However, the instruction of the European patent application is, as a general rule, entrusted to one of the members of the Examining Division. The oral proceedings shall take place before the Examining Division itself. If it considers that the nature of the decision requires it, the Examining Division shall be supplemented by a legal examiner. In the event of an equal division of votes, the voice of the Chairman of the Examining Division shall be paramount.

(1) Opposition Divisions shall be competent to examine oppositions to European patents.

(2) An Opposition Division shall consist of three technical examiners, at least two of whom shall not have participated in the procedure for the grant of the patent which is the object of the opposition. An examiner who has participated in the procedure for the grant of the European patent shall not exercise the Presidency. The Opposition Division may entrust to one of its members the instruction of the opposition. The oral proceedings shall take place before the Opposition Division itself. If it considers that the nature of the decision so requires, the Opposition Division shall be supplemented by a legal examiner who shall not have participated in the procedure for the grant of the patent. In the event of an equal division of votes, the voice of the Chairman of the Opposition Division shall be paramount.

(1) The Legal Division shall have jurisdiction in any decision relating, on the one hand, to the entries to be made on the European Patent Register, on the other hand, to the entry on the list of professional representatives and to their deregistration.

(2) Decisions of the Legal Division shall be rendered by a legally qualified member.

(1) The Boards of Appeal shall have jurisdiction to consider appeals against decisions of the Receiving Section, the Examining Divisions, the Opposition Divisions and the Legal Division.

(2) In the case of an appeal against a decision of the Receiving Section or the Legal Division, the Board of Appeal shall be composed of three legal members.

(3) In the case of an appeal against a decision of a Examining Division, the Board of Appeal shall consist of:

(a)

Two technical members and one legal member where the decision concerns the rejection of a European patent application or the grant, limitation or revocation of a European patent and has been rendered by a Examining Division composed of Fewer than four members;

(b)

Three technical members and two legal members when the decision was rendered by a four-member examination division or if the Board of Appeal considers that the nature of the action required;

(c)

Three legal members in all other cases.

(4) In the case of an appeal against a decision of an Opposition Division, the Board of Appeal shall consist of:

(a)

Two technical members and one legal member when the decision was rendered by an opposition division consisting of three members;

(b)

Three technical members and two legal members when the decision was rendered by an Opposition Division composed of four members or if the Board of Appeal considers that the nature of the action requires it.

(1) The Grand Chamber of Appeal shall have jurisdiction to:

(a)

Rule on matters of law submitted to it by the Boards of Appeal under Art. 112;

(b)

Give opinions on matters of law submitted to it by the President of the European Patent Office under Art. 112;

(c)

Adjudicate motions for review of decisions of Boards of Appeal under s. 112 ^Bis .

(2) In the procedures set out in par. 1 (a) and (b), the Grand Board of Appeal shall consist of five legal members and two technical members. In the procedures provided for in par. 1 (c), the Grand Board of Appeal shall consist of three or five members, in accordance with the Regulations. In all proceedings, the Chair shall be appointed by a legally qualified member.

(1) The members of the Grand Board of Appeal and of the Boards of Appeal shall be appointed for a period of five years and shall not be relieved of their duties during that period, except for serious reasons and if the Board of Directors, on Proposal of the Great Board of Appeal, takes a decision to that effect. Notwithstanding the provisions of the first sentence, the term of office of the members of the Boards of Appeal shall terminate in the event of resignation or retirement in accordance with the Staff Regulations of the officials of the European Patent Office.

(2) The members of the Chambers shall not be members of the Receiving Section, the Examining Divisions, the Opposition Divisions or the Legal Division.

(3) In their decisions, the members of the Chambers shall not be bound by any instructions and shall comply only with the provisions of this Convention.

(4) The Rules of Procedure of the Boards of Appeal and the Grand Chamber of Appeal shall be adopted in accordance with the Regulations. They shall be submitted to the Administrative Board for approval.

(1) The members of a Board of Appeal and the Grand Board of Appeal shall not participate in the settlement of a case if they have a personal interest therein, if they have previously intervened in the case as representatives of one of the parties or They have taken part in the decision which is the subject of the appeal.

(2) If, for any of the reasons mentioned in s. 1 or for any other reason, a member of a Board of Appeal or the Grand Chamber of Appeal shall not be able to participate in the settlement of a case, he shall notify the Board thereof.

(3) The members of a Board of Appeal and the Grand Board of Appeal may be challenged by any party for any of the reasons referred to in s. 1 or if they may be suspected of bias. The recusal is not admissible if the party in question has performed pleadings although it has already been aware of the reason for the objection. The challenge cannot be based on the nationality of the members.

(4) The Boards of Appeal and the Grand Board of Appeal shall act in the cases referred to in s. 2 and 3, without the participation of the member concerned. In order to make this decision, the challenged member shall be replaced by his alternate.

At the request of the competent national court seised of the action for infringement or for a declaration of invalidity, the European Patent Office shall provide, against payment of an appropriate fee, a technical opinion on the European patent in question. The Examining Divisions shall be responsible for issuing such opinions.

(1) The Administrative Board shall be composed of the representatives of the Contracting States and their alternates. Each Contracting State shall have the right to appoint one representative to the Board of Directors and one alternate.

(2) The members of the Board of Directors may be assisted by advisers or experts, in accordance with the rules of procedure of the Governing Council.

(1) The Board of Directors shall elect from among the representatives of the Contracting States and their alternates a President and a Vice-Chairperson. The Vice-President shall replace the President in case of incapacity.

(2) The term of office of the President and Vice-Chairperson shall be three years. This mandate is renewable.

(1) The Board of Directors may establish a Bureau consisting of five of its members, provided that the number of Contracting States is at least eight.

(2) The President and the Vice-President of the Board of Directors shall be members of the Bureau; the other three members shall be elected by the Board of Directors.

(3) The term of office of members elected by the Board of Directors shall be three years. This mandate is not renewable.

(4) The Bureau shall carry out the tasks entrusted to it by the Board of Directors in accordance with the rules of procedure.

(1) The Governing Council shall meet on convocation by its President.

(2) The President of the European Patent Office shall take part in the deliberations of the Administrative Board.

(3) The Administrative Board shall hold an ordinary session once a year; in addition, it shall meet on the initiative of its President or at the request of one third of the Contracting States.

(4) The Governing Council shall deliberate on the basis of a fixed agenda, in accordance with its rules of procedure.

(5) Any item requested by a Contracting State in accordance with the rules of procedure shall be included in the provisional agenda.

(1) The World Intellectual Property Organization shall be represented at the sessions of the Governing Council in accordance with an agreement between the Organization and the World Intellectual Property Organization.

(2) Other intergovernmental organizations responsible for the implementation of international patent procedures with which the Organization has concluded an agreement shall be represented at the sessions of the Governing Council, In accordance with this Agreement.

(3) Any other intergovernmental or international non-governmental organization engaged in an activity of interest to the Organization may be invited by the Governing Council to be represented at its sessions in any discussion of Issues of common interest.

(1) The languages used in the deliberations of the Board of Directors shall be German, English and French.

(2) The documents submitted to the Board of Directors and the minutes of its proceedings shall be drawn up in the three languages referred to in subs. 1.

The European Patent Office shall make available to the Board of Directors and its committees the staff, premises and material resources necessary for the performance of their tasks.

(1) The Board of Directors shall have jurisdiction to amend:

(a)

The duration of the time limits fixed by this Convention;

(b)

The provisions of the second to the eighth part and the tenth part of this Convention to ensure their conformity with an international patent treaty or the European Community legislation on the Patents;

(c)

The Regulations.

(2) The Board of Directors shall have jurisdiction, in accordance with this Convention, to stop and amend:

(a)

The Financial Regulation;

(b)

The status of officials and the rules applicable to other servants of the European Patent Office, the scale of their remuneration and the nature and rules for the granting of ancillary benefits;

(c)

The settlement of pensions and any increase in existing pensions corresponding to the increases in salaries;

(d)

The Rules on Fees;

(e)

Its rules of procedure.

(3) Notwithstanding s. 18, para. 2, the Board of Directors has the power to decide, if the experience justifies it, that, in certain categories of cases, the Examining Divisions consist of a single technical examiner. This decision can be reported.

(4) The Administrative Council shall have the power to authorise the President of the European Patent Office to negotiate and, subject to its approval, to conclude, on behalf of the European Patent Organisation, agreements with States or Intergovernmental organizations as well as documentation centres established under agreements with these organizations.

(5) The Board of Directors may not make a decision under s. 1 (b):

-

In respect of an international treaty, before its entry into force;

-

As regards a legislative act of the European Community, before its entry into force or, where it provides for a time limit for its transposition, before the expiry of that period.

(1) The Contracting States shall have the sole right to vote in the Administrative Council.

(2) Subject to the application of s. 36, each Contracting State shall have one vote.

(1) Subject to the provisions of subs. 2 and 3, the Administrative Council shall take its decisions by a simple majority of the Contracting States represented and voting.

(2) Requide a majority of three-fourths of the Contracting States represented and voting the decisions within the jurisdiction of the Board of Directors under s. 7, art. 11, para. 1, art. 33, para. 1 (a) and (c) and 2 to 4, s. 39, para. 1, art. 40, para. 2 and 4, art. 46, art. 134 ^Bis , art. 149 ^Bis , paras. 2, art. 152, of art. 153, para. 7, art. 166 and art. 172.

(3) The Contracting States shall require the unanimous voting of the decisions within the jurisdiction of the Board of Directors under s. 33, para. 1 (b). The Governing Council shall take such decisions only if all the Contracting States are represented. A decision made under s. 33, para. 1 (b) does not take effect if a Contracting State declares, within twelve months from the date of the decision, that it wishes not to be bound by that decision.

(4) Abstentions shall not be considered as a vote.

(1) For the adoption and amendment of the Rules relating to Fees and, if the financial burden of the Contracting States is increased, for the adoption of the budget of the Organization and of the amending or additional budgets, any State May require, after a first vote in which each Contracting State has one vote and whatever the result of that vote, that a second ballot shall be carried out immediately in which the votes are weighted according to the Provisions of s. 2. The decision is the result of this second ballot.

(2) The number of votes available to each Contracting State in the new ballot shall be calculated as follows:

(a)

The number corresponding to the percentage resulting for each Contracting State in the distribution key of the exceptional financial contributions provided for in Art. 40, para. 3 and 4, multiplied by the number of Contracting States and divided by five;

(b)

The number of votes so calculated shall be rounded to the nearest whole number;

(c)

An additional five votes shall be added to this number;

(d)

, however, no Contracting State shall have more than thirty votes.

The budget of the Organization shall be financed:

(a)

By the Organization's own resources;

(b)

By the payments of the Contracting States in respect of the maintenance fees for European patents levied in those States;

(c)

If necessary, by exceptional financial contributions from the Contracting States;

(d)

Where applicable, by the revenue provided for in Art. 146;

(e)

Where applicable and exclusively for tangible capital assets, by borrowing from third parties and guaranteed by land or buildings;

(f)

Where appropriate, by funds from third parties for specific projects.

The Organization's own resources include:

(a)

All income from taxes and other sources as well as reserves of the Organization;

(b)

The resources of the Pension Reserve Fund, which must be regarded as a special heritage of the Organisation for the purpose of assisting its pension scheme by establishing appropriate reserves.

(1) Each Contracting State shall pay to the Organization, in respect of each fee charged for the maintenance in force of a European patent in that State, an amount equal to a percentage of that fee, to be fixed by the Council Administration, which may not exceed 75 % and is uniform for all Contracting States. If the said percentage corresponds to an amount less than the uniform minimum fixed by the Administrative Council, the Contracting State shall pay that minimum to the Organisation.

(2) Each Contracting State shall communicate to the Organization all matters deemed necessary by the Governing Council to determine the amount of such payments.

(3) The date on which such payments are to be made shall be fixed by the Board of Directors.

(4) If a payment is not fully made on the date fixed, the Contracting State shall, as of that date, be liable to pay an interest in the unpaid amount.

(1) The amount of the fees and the percentage referred to in s. 38 and 39, should be determined in such a way that the corresponding income would ensure the balance of the Organization's budget.

(2) However, where the Organization is unable to achieve a balanced budget under the conditions set out in par. 1, the Contracting States shall pay to the Organisation exceptional financial contributions, the amount of which shall be fixed by the Administrative Council for the budgetary year concerned.

(3) Exceptional financial contributions shall be determined for each Contracting State on the basis of the number of patent applications filed in the penultimate year preceding that of the entry into force of this Convention And according to the following distribution key:

(a)

In half, in proportion to the number of patent applications filed in the Contracting State concerned;

(b)

In half, in proportion to the number of patent applications filed by natural and legal persons having their domicile or registered office in the territory of that State in that of the other Contracting States placed in the second position, in The decreasing order of the deposits made by such persons in the other Contracting States.

However, the amounts charged to States in which the number of patent applications filed is more than 25 000 are taken together and redistributed in proportion to the total number of patent applications filed in those countries. Same states.

(4) Where the amount of the contribution of a Contracting State cannot be determined under the conditions laid down in subs. 3, the Administrative Council shall fix this amount in accordance with the State concerned.

(5) Art. 39, para. 3 and 4, is applicable to exceptional financial contributions.

(6) Exceptional financial contributions shall be refunded with an interest whose rate is uniform for all Contracting States. Repayments shall be made in so far as it is possible to provide appropriations for this purpose in the budget and the amount so provided shall be apportioned among the Contracting States according to the distribution key referred to in subs. 3 and 4.

(7) Outstanding financial contributions made in a particular fiscal year shall be repaid in full before the full or partial repayment of any outstanding contribution made in a fiscal year Later.

(1) On the request of the President of the European Patent Office, the Contracting States shall provide the Organization with cash advances, on the basis of their payments and contributions, within the limit of the amount fixed by the Administrative Council. These advances shall be distributed in proportion to the amounts owed by the Contracting States for the financial year concerned.

(2) Art. 39, para. 3 and 4, is applicable to advances.

(1) The budget of the Organization shall be balanced. It shall be established in accordance with generally accepted accounting principles as defined in the Financial Regulation. As required, amending or additional budgets may be established.

(2) The budget shall be drawn up in the unit of account fixed by the Financial Regulation.

(1) The expenditure entered in the budget shall be authorised for the duration of the budget year, unless otherwise provided for in the Financial Regulation.

(2) In accordance with the Financial Regulation, appropriations which are not used at the end of the budgetary year, with the exception of those relating to staff expenditure, may be carried over to the following financial year only.

(3) Appropriations shall be specialised in chapters grouping expenditure according to their nature or destination and subdivided, as appropriate, in accordance with the Financial Regulation.

(1) Unpredictable appropriations may be entered in the budget of the Organization.

(2) The use of such credits by the Organization shall be subject to the prior approval of the Board of Directors.

Fiscal year starts on 1 ^Er January and December 31.

(1) The President of the European Patent Office shall submit the draft budget to the Administrative Council no later than the date fixed by the Financial Regulation.

(2) The budget and any amending or additional budget shall be adopted by the Board of Directors.

(1) If, at the beginning of a budgetary year, the budget has not yet been adopted by the Administrative Council, expenditure may be made monthly by chapter or by another division, in accordance with the Financial Regulation, within the limit Of the twelfth of the appropriations available in the budget of the previous financial year, without the effect of having the effect of making available to the President of the European Patent Office more than the twelfth of the appropriations provided for in the draft Budget.

(2) The Board of Directors may, subject to compliance with the other conditions set out in paragraph 1, authorize expenditures in excess of one twelfth.

(3) As a provision, the payments referred to in s. 37 (b) will continue to be made under the conditions set out in s. 39 for the year preceding the one to which the draft budget relates.

(4) The Contracting States shall pay each month, on a provisional basis and in accordance with the distribution key referred to in Art. 40, para. 3 and 4, all exceptional financial contributions necessary to ensure the application of s. 1 and 2. Art. 39, para. 4, is applicable to these contributions.

(1) The President of the European Patent Office shall implement the budget and the amending or additional budgets, under his own responsibility and within the limits of the appropriations allocated.

(2) Within the budget, the President of the European Patent Office may, within the limits and conditions laid down in the Financial Regulation, make transfers of appropriations, either chapter or subdivision.

(1) The accounts of all income and expenditure of the budget, as well as the balance sheet of the Organization, shall be examined by auditors providing all the guarantees of independence, appointed by the Board of Directors for a period of Five years that can be extended or renewed.

(2) The audit shall be conducted on the premises and on site. The purpose of the audit is to establish the legality and regularity of revenue and expenditure and to ensure sound financial management. The Commissioners shall draw up a report after the closure of each financial year containing a certification of the signed accounts.

(3) The President of the European Patent Office shall submit each year to the Executive Board the accounts of the financial year relating to the operations of the budget, as well as the balance of the assets and liabilities of the Organization, together with the report of the Auditors.

(4) The Executive Board shall approve the annual balance sheet and the report of the auditors and grant discharge to the President of the European Patent Office for the implementation of the budget.

The Financial Regulation shall determine in particular:

(a)

Terms and conditions relating to the establishment and implementation of the budget and the accountability and accountability of the accounts;

(b)

The manner and procedure under which payments and contributions under s. 37, as well as advances under s. 41, shall be made available to the Organization by the Contracting States;

(c)

The rules and the organisation of control and the responsibility of authorising officers and accounting officers;

(d)

Interest rates set out in s. 39, 40 and 47;

(e)

The manner in which contributions to be paid under s. 146;

(f)

The composition and tasks of a Committee on Budget and Finance, which should be established by the Governing Council;

(g)

Generally accepted accounting principles on which the annual budget and financial statements are based.

(1) The European Patent Office may charge fees for any official task or procedure carried out under this Convention.

(2) The time limits for payment of fees other than those laid down in this Convention shall be laid down in the Regulations.

(3) Where the Regulations prescribe the payment of a fee, the Regulations also provide for the legal consequences of failure to pay on time.

(4) The Rules relating to fees shall include, in particular, the amount of fees and their method of collection.

(1) European patents shall be granted for any invention in all fields of technology, provided that it is new, involves an inventive step and is capable of industrial application.

(2) Not considered to be inventions within the meaning of s. 1 in particular:

(a)

Discoveries, scientific theories, and mathematical methods;

(b)

Aesthetic creations;

(c)

Plans, principles and methods in the pursuit of intellectual activities, play or economic activities, as well as computer programs;

(d)

Information presentations.

(3) Le par. 2 does not exclude the patentability of the elements which it lists only to the extent that the European patent application or the European patent relates to one of those elements, considered as such.

European patents shall not be granted for:

(a)

Inventions whose commercial exploitation would be contrary to ordre public or morality, such a contradiction which cannot be inferred solely from the fact that exploitation is prohibited, in all Contracting States or in several By a legal or regulatory provision;

(b)

Plant or animal varieties, as well as essentially biological processes for the production of plants or animals, this provision does not apply to microbiological processes and to products produced by such processes;

(c)

The methods of surgical or therapeutic treatment of the human or animal body and the methods of diagnosis applied to the human or animal body, this provision not applicable to products, in particular substances or compositions, for the Implementation of one of these methods.

(1) An invention shall be considered new if it is not included in the prior art.

(2) The state of the art shall consist of everything that has been made available to the public before the filing date of the European patent application by a written or oral description, use or any other means.

(3) The contents of European patent applications as filed, which have a filing date prior to that in par, shall also be considered to be included in the prior art. 2 and which have been published only on or after that date.

(4) paras. 2 and 3 shall not exclude the patentability of a substance or composition included in the prior art for the implementation of a method referred to in Art. 53 (c), provided that its use for any of these methods is not included in the prior art.

(5) paras. 2 and 3 also do not exclude the patentability of a substance or composition referred to in subs. 4 for any specific use in a method described in s. 53 (c), provided that such use is not included in the prior art.

(1) For the purposes of s. 54, a disclosure of the invention shall not be taken into account if it has not occurred earlier than six months before the filing of the European patent application and if it results directly or indirectly:

(a)

An obvious abuse of the applicant or his predecessor in law or

(b)

The fact that the applicant or his predecessor in law has exhibited the invention in official or officially recognised exhibitions within the meaning of the Convention on International Expositions ¹ , signed in Paris on November 22, 1928 and revised last November 30, 1972.

(2) In the case referred to in s. 1 (b), the latter shall apply only if the applicant declares, at the time of filing the European patent application, that the invention has actually been exposed and produces a certificate in support of his statement within the time limit and under the conditions laid down in the The Regulations.

An invention is considered to involve an inventive step if, for a person skilled in the art, it is not obvious from the prior art. If the prior art also includes documents referred to in s. 54, para. 3, they are not taken into account for the assessment of inventive step.

An invention shall be considered industrially applicable if its object can be manufactured or used in any kind of industry, including agriculture.

Any natural or legal person and any company assimilated to a legal person under its right may apply for a European patent.

A European patent application may also be filed either by co-applicants or by several applicants who designate different Contracting States.

(1) The right to a European patent shall belong to the inventor or his successor in title. If the inventor is an employee, the right to the European patent shall be defined according to the law of the State in which the employee carries on his principal business; if the State in which the principal activity is exercised cannot be determined, the applicable law is The State in which the establishment of the employer to which the employee is attached is located.

(2) If more than one person has made the invention independently of each other, the right to a European patent shall belong to that whose application for a European patent has the earliest filing date, provided that the first application has been Published.

(3) In proceedings before the European Patent Office, the applicant shall be deemed to have the right to exercise the right to the European patent.

(1) If a decision taken by res judici has recognised the right to obtain a European patent to a person other than the applicant, that person may, in accordance with the Regulations:

(a)

To continue, instead of the applicant, the procedure relating to the European patent application, by taking this application on its own account,

(b)

File a new European patent application for the same invention, or

(c)

Request the rejection of the European patent application.

(2) Art. 76, para. 1, is applicable to any new European patent application filed under s. 1 (b).

The inventor shall have the right, in respect of the holder of the European patent application or the European patent, to be appointed as such to the European Patent Office.

(1) The duration of the European patent shall be twenty years from the filing date of the application.

(2) Le par. 1 cannot limit the right of a Contracting State to extend the term of a European patent or to grant a corresponding protection from the expiration of that term on the same terms as those applicable to national patents,

(a)

To take account of a state of war or a state of comparable crisis affecting that State;

(b)

If the subject matter of the European patent is a product or process of manufacture or use of a product which, before it is placed on the market in that State, is subject to an administrative procedure of authorisation established by law.

(3) The provisions of s. 2 shall apply to European patents granted jointly for any group of Contracting States referred to in Art. 142.

(4) Any Contracting State which provides for an extension of the term of the patent or a corresponding protection in accordance with subs. 2 (b) may, on the basis of an agreement with the Organization, transfer to the European Patent Office tasks relating to the application of those provisions.

(1) Subject to subs. 2, the European patent confers on its holder, from the date on which the mention of its grant is published in the European Patent Bulletin and in each of the Contracting States for which it has been issued, the same rights as it Grant a national patent granted in that State.

(2) If the subject matter of the European patent relates to a process, the rights conferred by that patent shall extend to the products obtained directly by that process.

(3) Any infringement of the European patent shall be assessed in accordance with national law.

(1) Any Contracting State may prescribe, where the European patent granted, maintained as amended or restricted by the European Patent Office is not in one of its official languages, that the owner of the patent shall provide to its Central service of industrial property a translation of the patent as granted, amended or limited in one of its official languages, to its choice, or, to the extent that that State has imposed the use of a specified official language, in This last language. The translation must be filed within a period of three months from the date of publication in the European Patent Bulletin of the mention of the grant of the European patent or its maintenance as amended, or of its limitation, unless The State concerned shall not grant a longer period.

(2) Any Contracting State which has adopted provisions under subs. 1 may prescribe that the owner of the patent shall pay, within a time limit fixed by that State, all or part of the costs of publishing the translation.

(3) Any Contracting State may prescribe that, if the provisions adopted under subs. 1 and 2 are not observed, the European patent is, from the outset, deemed to have no effect in that State.

The European patent application to which a filing date has been granted has, in the designated Contracting States, the value of a regular national filing, taking into account, where appropriate, the right of priority claimed in support of the European patent application.

(1) As from its publication, the European patent application shall, on an interim basis, provide the applicant, in the Contracting States designated in the application, with the protection provided for in Art. 64.

(2) Any Contracting State may provide that the European patent application does not provide for the protection provided for in Art. 64. However, the protection attached to the publication of the European patent application may not be less than that which the legislation of the State concerned attaches to the mandatory publication of unexamined national patent applications. In any event, each Contracting State must at least provide that, on the basis of the publication of the European patent application, the applicant may require reasonable compensation, as set out in the circumstances, of any person who has exploited, In that Contracting State, the invention which is the subject of the European patent application, under conditions which, according to national law, would involve its liability in the case of infringement of a national patent.

(3) Any Contracting State which does not have the official language of the language of the proceedings may provide that the provisional protection referred to in subs. 1 and 2 shall be ensured only from the date on which a translation of the claims, either in one of the official languages of that State, at the choice of the applicant, or, to the extent that the State in question imposed the use of a language Official language, in the latter language:

(a)

Has been made available to the public under the conditions laid down in its national legislation, or

(b)

Has been given to the person operating in that State the invention which is the subject of the European patent application.

(4) The effects of the European patent application provided for in s. 1 and 2 shall be deemed to be null and void when the European patent application has been withdrawn, or is deemed to be withdrawn, or has been rejected in accordance with a final decision. The same applies to the effects of the European patent application in a Contracting State whose designation has been withdrawn or is deemed to be withdrawn.

The European patent application and the European patent to which it has given rise shall be deemed not to have had the effects provided for in Art. 64 and 67, to the extent that the patent has been revoked or limited in the course of opposition, limitation or invalidity proceedings.

(1) The scope of protection conferred by the European patent or by the European patent application shall be determined by the claims. However, the description and drawings are used to interpret the claims.

(2) For the period up to the grant of the European patent, the scope of protection conferred by the European patent application shall be determined by the claims contained in the application as published. However, the European patent as granted or as amended during the opposition, limitation or invalidity proceedings shall retroactively determine the protection conferred by the application, provided that such protection is not extended.

(1) The text of the European patent application or the European patent in the language of the proceedings shall be the text which is authentic in all proceedings before the European Patent Office and in all Contracting States.

(2) However, if the European patent application has been filed in a language which is not an official language of the European Patent Office, that text constitutes the application as filed, within the meaning of this Convention.

(3) Any Contracting State may provide that a translation into one of its official languages, prescribed by that State under this Convention, is considered in that State to be the authentic text, other than the cases of invalidity proceedings, If the European patent application or the European patent in the language of the translation confers protection less than that conferred by that application or by that patent in the language of the proceedings.

(4) Any Contracting State which adopts a provision under subs. 3,

(a)

Shall enable the applicant or proprietor of the patent to produce a revised translation of the European patent application or European patent. This revised translation has no legal effect as long as the conditions laid down by the Contracting State pursuant to Art. 65, para. 2, or s. 67, para. 3, have not been completed;

(b)

May provide that any person in that State has, in good faith, begun to exploit an invention or has made effective and serious preparations for that purpose, without such exploitation constituting an infringement of the application or patent in the text of the Initial translation, may, after the revised translation has taken effect, proceed free of charge to its business or to the needs of the undertaking.

The European patent application may be transferred or give rise to the creation of rights for one or more of the designated Contracting States.

The assignment of the European patent application shall be in writing and shall require the signature of the parties to the contract.

A European patent application may, in whole or in part, be the subject of licences for all or part of the territories of the designated Contracting States.

Unless otherwise provided in this Convention, the application for a European patent as an object of ownership shall be subject, in each designated Contracting State and with effect in that State, to the law applicable in that State to patent applications National.

(1) The European patent application may be filed:

(a)

To the European Patent Office;

(b)

Or, if the law of a Contracting State so permits, and subject to s. 76, para. 1, to the central industrial property office or other competent authorities of that State. Any application so filed shall have the same effect as if it had been filed on the same date at the European Patent Office.

(2) Le par. 1 shall not prevent the application of the laws or regulations which, in a Contracting State:

(a)

Shall govern inventions which cannot, by reason of their subject matter, be disclosed abroad without prior authorisation from the competent authorities of that State, or

(b)

Require that any application for a patent be initially filed with a national authority, or subject to prior authorization direct deposit with another authority.

(1) A divisional application for a European patent shall be filed directly with the European Patent Office in accordance with the Regulations. It may be filed only for matters which do not extend beyond the contents of the earlier application as filed; to the extent that it is complied with, the divisional application shall be deemed to have been filed on the date of The filing of the earlier application and the right of priority.

(2) All Contracting States designated in the earlier application when filing a European divisional application shall be deemed to be designated in the divisional application.

(1) The central industrial property office of the Contracting State shall transmit to the European Patent Office the European patent applications filed with the said service or with any other competent authority of that State, in accordance with the Regulations.

(2) A European patent application whose subject matter has been placed in secret shall not be transmitted to the European Patent Office.

(3) Any European patent application which is not transmitted to the European Patent Office within the time limit shall be deemed to be withdrawn.

(1) The 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)

The drawings to which the description or claims refer;

(e)

An abstract,

And satisfy the requirements laid down in the Regulations.

(2) The European patent application shall be subject to the payment of the filing fee and the search fee. If the filing fee or search fee has not been paid within the time limit, the application is deemed to be withdrawn.

(1) All Contracting States party to this Convention when filing the European patent application shall be deemed to be designated in the request for grant of the European patent.

(2) The designation of a Contracting State may give rise to the payment of a designation fee.

(3) The designation of a Contracting State may be withdrawn at any time until the grant of the European patent.

The filing date of a European patent application shall be the date on which the requirements of the Regulations are met.

The European patent application must include the designation of the inventor. If the applicant is not the inventor or the sole inventor, that designation must contain a declaration indicating the origin of the acquisition of the right to the European patent.

The European patent application may relate to only one invention or a group of inventions so linked as to form a single general inventive concept.

The invention must be disclosed in the European patent application in a manner that is sufficiently clear and complete for a person skilled in the art to perform it.

The claims shall define the subject matter of the protection sought. They must be clear and concise and based on the description.

The abstract serves exclusively for technical information purposes; it cannot be taken into account for any other purpose, in particular for the assessment of the scope of the protection sought and for the application of art. 54, para. 3.

(1) Annual fees shall, in accordance with the Regulations, be paid to the European Patent Office for any European patent application. These fees are payable for the third year, from the filing date of the application, and for each subsequent year. If an annual fee has not been paid within the time limit, the application is deemed to be withdrawn.

(2) No annual fee shall be payable after payment of the fee to be paid in respect of the year in which the mention of the grant of the European patent is published in the European Patent Bulletin.

(1) A person who has regularly filed, in or for

(a)

A State Party to the Paris Convention for the Protection of Industrial Property ¹ Or

(b)

A member of the World Trade Organization, an application for a patent, utility model or utility certificate, or his successor in title, shall enjoy, in order to make the filing of a European patent application for the same invention, a right of Priority for a period of twelve months from the filing date of the first application.

(2) Is recognized as giving rise to the right of priority any deposit with the value of a regular national deposit under the national law of the State in which it was made or of bilateral or multilateral agreements, including the Present Convention.

(3) A regular national filing shall mean any deposit that is sufficient to establish the date on which the application was filed, regardless of the subsequent fate of that application.

(4) The first application, the filing date of which is the starting point of the priority period, shall be considered to be a later application having the same subject-matter as a first earlier application, filed in or for the same State, provided that Earlier application, on the date of filing of the subsequent application, has been withdrawn, abandoned or refused, without having been subject to public inspection and without leaving any rights subsisting, and has not yet served as the basis for the claim of Right of priority. The earlier application may no longer serve as a basis for claiming the right of priority.

(5) If the first filing has been filed with a service of industrial property which is not bound by the Paris Convention for the Protection of Industrial Property or by the Agreement Establishing the World Trade Organization, s. 1 to 4 shall apply if, following a communication from the President of the European Patent Office, that service acknowledges that a first filing with the European Patent Office gives rise to a right of priority subject to Conditions and having effects equivalent to those provided for by the Paris Convention.

(1) An applicant who wishes to avail himself of the priority of an earlier filing shall file a declaration of priority and any other document required, in accordance with the Regulations.

(2) Multiple priorities may be claimed for a European patent application even if they come from different states. Where appropriate, multiple priorities may be claimed for the same claim. If multiple priorities are claimed, the deadlines for starting the priority date shall be calculated from the date of the earliest priority.

(3) Where one or more priorities are claimed for the European patent application, the right of priority shall cover only the elements of the European patent application which are contained in the application or in applications whose priority is Claimed.

(4) If certain elements of the invention for which priority is claimed are not included among the claims made in the earlier application, it is sufficient, in order for priority to be granted, that all parts of the application Indicates in a specific manner the said elements.

By the effect of the right of priority, the priority date shall be considered as the date of filing of the European patent application for the application of Art. 54, para. 2 and 3, and art. 60, para. 2.

(1) Decisions of the European Patent Office may be based only on grounds on which the parties have been able to take a position.

(2) The European Patent Office shall examine and decide on the European patent application or the European patent only in the text proposed or accepted by the applicant or by the owner of the patent.

(1) In the course of the proceedings, the European Patent Office shall examine the facts of its own motion; this examination shall not be limited to the pleas in law or the applications submitted by the parties.

(2) The European Patent Office may not take into account the facts which the parties have not relied on or evidence that they have not produced in due time.

In any proceedings before the European Patent Office, any third party may, in accordance with the Regulations, submit, after publication of the European patent application, comments on the patentability of the invention subject to the application or Patent. The third party does not acquire the quality of party to the proceedings.

(1) The oral procedure shall be used ex officio when the European Patent Office considers it useful, or at the request of a party to the proceedings. However, the European Patent Office may reject a request to revert to oral proceedings before the same proceedings, provided that the parties and the facts of the case are the same.

(2) However, at the request of the applicant, the oral proceedings before the Receiving Section shall be used only where the applicant considers it useful or when it intends to reject the European patent application.

(3) The oral proceedings before the Receiving Section, Examination Divisions and the Legal Division shall not be public.

(4) The oral procedure, including the delivery of the decision, shall be public before the Boards of Appeal and the Grand Board of Appeal after the publication of the European patent application and before the Opposition Divisions, unless the decision is taken Contrary to the proceedings before the court, in the event that the advertising, in particular for a party to the proceedings, could present serious and unjustified disadvantages.

(1) In proceedings before the European Patent Office, the following measures may, in particular, be taken:

(a)

Hearing of the parties;

(b)

The request for information;

(c)

The production of documents;

(d)

Hearing of witnesses;

(e)

The expert;

(f)

Descent to the site;

(g)

Written statements made under oath.

(2) The Regulations shall determine the procedure for the instruction.

Where the applicants or holders of a European patent are not the same for different designated Contracting States, they shall be considered co-applicants or co-owners for the purposes of the procedure before the European Patent Office. The unicity of the application or patent in the course of that procedure shall not be affected; in particular, the text of the application or patent shall be the same for all designated Contracting States, unless otherwise provided for in this Convention.

Decisions, citations, notifications and communications shall be served by the European Patent Office in accordance with the Regulations. Meanings may be made, where exceptional circumstances so require, through the central industrial property offices of the Contracting States.

The Regulations shall determine:

(a)

The time limits which must be observed in proceedings before the European Patent Office and which are not laid down in this Convention;

(b)

The method of calculating time limits and the conditions under which they may be extended;

(c)

The minimum and maximum period of time allowed by the European Patent Office.

(1) Where the applicant has not observed a time limit in respect of the European Patent Office, he may request further processing of the European patent application.

(2) The European Patent Office shall grant the application if the requirements laid down in the Regulations are met. If it does not, it will reject the request.

(3) Where the request is granted, the legal consequences of the failure to comply with the time limit shall be deemed not to have occurred.

(4) The time limits set out in s. 87, para. 1, art. 108 and art. 112 ^Bis , paras. 4, as well as the time limits for filing the request for prosecution of the proceedings and the request for restitutio in integrum. The Regulations may exclude further time limits for the continuation of the proceedings.

(1) The applicant or proprietor of a European patent who, while having exercised all due care required by the circumstances, has not been able to observe a time limit in respect of the European Patent Office shall, on request, be reinstated In its rights if the failure to comply with that period has as a direct consequence the rejection of the European patent application or a request, the fact that the application is deemed to be withdrawn, the revocation of the European patent, the loss of any other right or means Of recourse.

(2) The European Patent Office shall grant the application if it meets the requirements of subs. 1 and the requirements of the Regulations. If it does not, it will reject the request.

(3) Where the request is granted, the legal consequences of the failure to comply with the time limit shall be deemed not to have occurred.

(4) Excluded from Restitutio in integrum The time limit for submitting the request to Restitutio in integrum . The Regulations may exclude other time limits from the Restitutio in integrum .

(5) Any person in a designated Contracting State shall have, in good faith, in the period between the loss of a right referred to in subs. 1 and publication in the European Patent Bulletin of the restoration of the said right, started to be exploited or made effective and serious preparations for exploiting the invention which is the subject of a published European patent application or Of a European patent, may, free of charge, continue this operation in its undertaking or for the purposes thereof.

(6) This Article shall not affect the right of a Contracting State to grant restitutio in integrum in respect of the time limits provided for in this Convention and to observe in respect of the authorities of that State.

(1) The European patent application or the European patent may be amended in proceedings before the European Patent Office in accordance with the Regulations. In any event, the applicant may, on his own initiative, amend at least once the application.

(2) The European patent application or the European patent shall not be amended so that its subject matter extends beyond the content of the application as filed.

(3) The European patent shall not be amended so as to extend the protection conferred by it.

(1) The European Patent Office may invite the applicant, in accordance with the Regulations, to provide him with information on the state of the art which has been taken into account in national or regional patent procedures and which Relates to an invention which is the subject of the European patent application.

(2) If the applicant does not respond within the time limit to the invitation referred to in s. 1, the European patent application shall be deemed to be withdrawn.

In the absence of a procedural provision in this Convention, the European Patent Office shall take into account the principles generally accepted in the matter in the Contracting States.

(deleted)

The European Patent Office shall maintain a European Patent Register, where all the particulars referred to in the Regulations are recorded. No entries are made to the European Patent Register before the European patent application has been published. The European Patent Register shall be open to public inspection.

(1) Files relating to European patent applications which have not yet been published may be opened for inspection only with the consent of the applicant.

(2) Any person who proves that the applicant has availed himself of his European patent application against him may consult the file immediately before the publication of that application and without the consent of the applicant.

(3) Where a divisional application or a new European patent application filed under s. 61, para. 1, is published, any person may consult the file of the earlier application before the publication of that application and without the consent of the applicant.

(4) After the publication of the European patent application, the files of the application and of the European patent to which it has given rise may, on request, be open to public inspection, subject to the restrictions laid down in the Regulation To execute.

(5) The European Patent Office may, even before the publication of the European patent application, communicate to third parties or publish the particulars referred to in the Regulations.

The European Patent Office shall publish periodically:

(a)

A European Patent Bulletin containing the particulars prescribed by this Convention, the Regulations or the President of the European Patent Office;

(b)

An Official Journal containing communications and general information from the President of the European Patent Office and any other information relating to this Convention and its application.

(1) Unless this Convention or the national law provides otherwise, the European Patent Office and the central industrial property offices of the Contracting States shall, on request, communicate all relevant information on European or national patent applications and European or national patents, as well as procedures concerning them.

(2) Le par. 1 applies to the exchange of information, pursuant to labour agreements, between the European Patent Office on the one hand, and, on the other hand,

(a)

Central industrial property services of other States;

(b)

Any intergovernmental organization responsible for the grant of patents;

(c)

Any other organization.

(3) The communications of information made in accordance with paragraph 1. 1 and para. 2 (a) and (b) are not subject to the limitations of s. 128. The Board of Directors may decide that communications made pursuant to s. 2 (c) are not subject to the restrictions set out in s. 128, provided that the organisation concerned processes confidential information up to the date of publication of the European patent application.

(1) Unless this Convention or the national law provides otherwise, the European Patent Office and the courts or other competent authorities of the Contracting States shall assist each other, upon request, by Information or folders. Where the European Patent Office makes files available to the courts, public ministries or central industrial property offices for the purpose of consultation, the latter shall not be subject to the restrictions laid down in Art. 128.

(2) At the request of the European Patent Office, the courts or other competent authorities of the Contracting States shall, within the limits of their jurisdiction, proceed with the measures of inquiry or other judicial proceedings.

(1) The European Patent Office and the central industrial property offices of the Contracting States shall exchange on request, for their own needs and free of charge, one or more copies of their respective publications.

(2) The European Patent Office may enter into agreements concerning the exchange or dispatch of publications.

(1) Subject to the provisions of subs. (2) No person shall be required to be represented by a professional representative in the proceedings instituted by this Convention.

(2) Natural and legal persons who have neither their domicile nor their headquarters in a Contracting State shall be represented by a professional representative, and shall act through it, in any procedure established by this Convention, except for the Filing of a European patent application; other exceptions may be provided for in the Regulations.

(3) Natural and legal persons who have their domicile or principal place of business in a Contracting State may act through an employee in any procedure established by this Convention; that employee, who shall have the right to The provisions of the Regulations shall not be required to be a professional representative. The Regulations may provide for whether and under what conditions an employee of a legal person may also act for other legal persons who have their registered office in a Contracting State and have economic links with it.

(4) Specific provisions relating to the common representation of parties acting in common may be laid down in the Regulations.

(1) The representation of natural or legal persons in the proceedings instituted by this Convention may be assured only by professional representatives registered on a list maintained for that purpose by the European Patent Office.

(2) Any natural person who

(a)

Has the nationality of a Contracting State,

(b)

Has his place of business or place of employment in a Contracting State and

(c)

Has met the tests of the European qualifying examination,

May be entered on the list of professional representatives.

(3) For a period of one year from the date on which the accession of a State to this Convention takes effect, may also request to be entered on the list of professional representatives any natural person who

(a)

Has the nationality of a Contracting State,

(b)

Has his place of business or employment in the State which has acceded to the Convention and

(c)

Is entitled to represent in the field of patents the invention of natural or legal persons before the central industrial property office of that State. In the event that this entitlement is not subject to the requirement of a special professional qualification, that person must have acted in that State as habitual representative for at least five years.

(4) The registration shall be made on request accompanied by certificates indicating that the conditions referred to in subs. 2 or 3 are completed.

(5) Persons who are on the list of professional representatives shall be entitled to act in any procedure established by this Convention.

(6) For the purpose of acting as a professional representative, any person who is on the list of professional representatives shall be entitled to have a place of business in any Contracting State in which the procedures established by this Convention, taking into account the Protocol on Centralization ¹ Annexed to this Convention. The authorities of that State may withdraw this clearance only in special cases and under national law relating to public order and public security. The President of the European Patent Office shall be consulted before such action is taken.

(7) The President of the European Patent Office may grant a derogation:

(a)

To the requirement under s. 2 (a) or para. 3 (a) in special circumstances;

(b)

To the requirement under s. 3 (c), second sentence, if the candidate provides evidence that he or she has otherwise acquired the required qualifications.

(8) Representation on the same basis as an authorised representative in the proceedings instituted by this Convention may be provided by any lawyer entitled to practice in one of the Contracting States and having his place of business in that Contracting State, in the May act in that State as an agent in the field of patents for invention. The provisions of s. 6 are applicable.

(1) The Board of Directors shall have jurisdiction to adopt and amend provisions relating to:

(a)

The Institute of Professional Representatives at the European Patent Office, hereinafter referred to as the Institute;

(b)

The qualification and training required for admission to the European qualifying examination and the organisation of the tests of that examination;

(c)

The disciplinary power of the Institute or the European Patent Office on professional representatives;

(d)

The obligation of confidentiality of the professional representative and the right of the professional representative to refuse to disclose in proceedings before the European Patent Office the communications exchanged between him and his client or any other person.

(2) Any person on the list of professional representatives referred to in s. 134, para. 1, is a member of the Institute.

(1) The central industrial property office of a designated Contracting State shall, at the request of the applicant or the holder of a European patent, initiate the procedure for the grant of a national patent in the following cases:

(a)

If the European patent application is deemed to be withdrawn under Art. 77, para. 3;

(b)

In other cases provided for by the national law where, under this Convention, the European patent application is either rejected or withdrawn, is deemed to be withdrawn or the European patent revoked.

(2) In the case referred to in s. 1 (a), the request for conversion must be made to the national central service of the industrial property with which the European patent application was filed. Subject to the provisions relating to national defence, this service shall transmit the request directly to the central services of the Contracting States mentioned therein.

(3) In the cases referred to in s. 1 (b), the request for conversion shall be submitted to the European Patent Office in accordance with the Regulations. It is deemed to be filed only after payment of the processing fee. The European Patent Office shall transmit the request to the central industrial property offices of the Contracting States mentioned therein.

(4) The European patent application shall cease to produce the effects referred to in s. 66 if the request for conversion is not transmitted within the time limit.

(deleted)

(1) A European patent application transmitted in accordance with Art. 135, para. 2 or 3, may not, in its form, be subject by national law to conditions different from those provided for in this Convention or to additional conditions.

(2) The central industrial property office to which the European patent application is transmitted may require that, within a time limit which may not be less than two months, the applicant:

(a)

Pays the national filing fee, and

(b)

Produce, in one of the official languages of the State concerned, a translation of the original text of the European patent application and, where appropriate, a translation of the amended text in the course of the proceedings before the European Patent Office, On the basis of which it wishes the national procedure to take place.

(1) Subject to s. 139, the European patent may be declared invalid, with effect for a Contracting State, unless:

(a)

The subject matter of the European patent is not patentable under Art. 52 to 57;

(b)

The European patent does not expose the invention in a sufficiently clear and complete manner for a person skilled in the art to carry out the invention;

(c)

The subject matter of the European patent extends beyond the content of the application as filed or, where the patent has been granted on the basis of a divisional application or a new application filed under s. 61, if the subject matter of the patent extends beyond the contents 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 did not have the right to obtain it under Art. 60, para. 1.

(2) If the grounds for invalidity affect the European patent only in part, the patent shall be limited by a corresponding amendment of the claims and shall be declared partially null.

(3) In proceedings before the court or competent authority concerning the validity of the European patent, the owner of the patent shall be entitled to limit the patent by amending the claims. The patent thus limited serves as the basis for the procedure.

(1) In any designated Contracting State, a European patent application or a European patent shall be treated from the point of view of prior rights, in relation to a national patent application or a national patent, in the same way as if it were A national patent application or a national patent.

(2) An application for a national patent or a national patent of a Contracting State shall be treated from the point of view of earlier rights in relation to a European patent designating that Contracting State in the same way as if that European patent were a national patent. National patent.

(3) Any Contracting State shall remain free to decide whether and under what conditions the protections afforded to an invention exposed in both a patent application or a European patent and in a patent application or patent may be cumulative Having the same filing date or, if priority is claimed, the same priority date.

Art. 66, 124, 135, 137 and 139 shall apply to utility models or utility certificates and to corresponding applications in Contracting States whose legislation provides for such titles of protection.

(1) The annual fees payable under the European patent may be levied only for the years following that referred to in Art. 86, para. 2.

(2) If annual fees due in respect of the European patent shall expire within two months from the date on which the mention of the grant of the patent has been published in the European Patent Bulletin, the said annual fees shall be deemed Have been validly paid subject to payment within the specified time limit. No surcharges are levied under national legislation.