European Patent Convention

The European Patent Convention ( EPC English European Patent Convention, EPC; French Convention sur le brevet européen, CBE ) is an international treaty that was created by the European Patent Organisation (EPO ) and the Grant of European Patents is regulated. By the EPC contracting states also form its a special dressing according to the Paris Convention for the Protection of Industrial Property ( Paris Convention ), so have to comply with its provisions (eg for priority).

History

The European Patent Convention was adopted at a conference in Munich on 5 October 1973 by 16 European States and came to Belgium, France, Germany, Luxembourg, the Netherlands, Switzerland, and the United Kingdom on 7 October 1977 in force. Other States ratified the Convention in the following period.

1991, a further meeting of the Member States took place, on which the term of a European patent has been set at twenty years. This change occurred for the majority of Member States on July 4, 1997.

A fundamental revision of the Convention took place in 2000. Objective of the revision was to make the Convention more flexible to adapt to newer International treaties and needs to consider the applicant better. The amended Convention, shortly referred to as EPC 2000, after the year of its signature, entered for the vast majority of Member States on 13 December 2007. A large part of the since acceded Member States has accepted only the last revised version of 2000.

With the accession of Serbia on 1 October 2010 now 38 States Parties belong to the European Patent Convention.

General

It was developed to centralize the grant of a patent within Europe and to harmonize patent law its Contracting States. Instead in each State in which patent protection is desired, submit national patent applications, needs only to be filed an application under the EPC by the European Patent Office ( EPO ), an institution of the European Patent Organisation (EPO ) is processed centrally. In the notification the parties must be given, for which a European patent is sought.

A European patent may also be requested by an international application under the Patent Cooperation Treaty (PCT = Patent Cooperation Treaty ) and introducing the regional EP phase after end of the international phase.

The central processing phase before the European Patent Office contains, in addition to the actual grant procedure may still be an appeals procedure, if an objection is raised, however, within nine months after the publication of the grant of a patent.

After the European Patent Office is no longer in charge; the European Patent " decays " into a bundle of national patents in the designated contracting states in the application that are the patents granted by national patent offices equivalent. Nullity in respect of European patents can therefore only be submitted before the national courts.

Components

The European Patent Convention consists of several parts:

• The European Patent Convention in the narrower sense (Preamble and Articles 1 to 178, Federal Law Gazette 1976 II p 826 ). It sets out the basic fundamentals fixed, such as structure and responsibilities of the European Patent Organisation, substantive patent law, patentability which to apply for and obtain European patent eligible persons to the effects of the patent application to the formal requirements of an application for the grant procedure for opposition and appeal driving and the impact on the national and international law.
• The Regulations (originally Rules 1-106, Federal Law Gazette 1976 II p 915 ) regulates detailed questions about the languages ​​and the organization of the European Patent Office and details of administrative procedure. The Regulations may be amended by the Board, an institution of the European Patent Organisation; thereof more than 35 times was exercised. A new version of the Regulations was adopted on 7 December 2006 (Federal Law Gazette 2007 II, p 1199, 1290 ).

• It is followed by four protocols: Protocol on Jurisdiction and the recognition of decisions on the claim of grant of a European patent ( Protocol on Recognition, Federal Law Gazette 1976 II p 982 )
• Protocol on the Privileges and Immunities of the European Patent Organisation ( immunity Protocol, Federal Law Gazette 1976 II p 985 )
• Protocol on the Centralisation of the European patent system and its introduction ( Protocol on Centralisation, Federal Law Gazette 1976 II p 995 )
• Protocol on the Interpretation of Article 69 of the Convention (Federal Law Gazette 1976 II p 1000) concerning the scope of European Patents.

• A separate fee schedule handed down on 20 October 1977 ( Federal Law Gazette 1978 II p 1133 1148; revised December 7, 2006, Federal Law Gazette 2007 II, p 1199, 1290 with several subsequent amendments ) sets to the European to the Patent Office paid fixed fees and contains provisions for the implementation of payments.

Contract and extension states

The European Patent Convention was signed by 38 States Parties. These include all 27 EU Member States and 11 other countries are (as of June 2012). As far last member resigned on 1 October 2010, the organization in Serbia: Representatives of the States indicated in the table marked with (* ) have participated in the diplomatic conference for the establishment of the organization. These states were therefore entitled to join the organization by ratification. Iceland, however, has ratified the agreement in 2004, Norway has entered into force on 1 January 2008.

In addition, the European Patent Organisation has concluded with certain countries that are not party to the EPC Agreement on the extension of the protection of European patents. It is therefore possible to apply for the extension of a European patent application on the extension states to the European Patent Office. The application extension fees are payable. The patent application was then in the extension states the same effect as a national patent application and may be entered as a patent date of their issue there as well. At present, extension Bosnia and Herzegovina ( BA) and Montenegro ( ME) may be requested. Some earlier extension states have become States Parties. For the patent application at the time when they were extension states filed an extension can be applied to these states as yet.