European patent - Request for conversion

 

According to Article 135 of the European Patent Convention (EPC) ,

 

(1)

The central industrial property office of a designated EPC 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 circumstances:

 

(a)

where the European patent application is deemed to be withdrawn under Article 77, paragraph 3 of the EPC ;

 

(b)

in such other cases as are provided for by the national law, in which the European patent application is refused or withdrawn or deemed to be withdrawn, or the European patent is revoked under the European Patent Convention (EPC). 

 

(2)

In the case referred to in paragraph 1(a) of this Article, 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 provisions governing national security, transmit the request directly to the central industrial property offices of the EPC Contracting States specified therein.

 

(3)

In the cases referred to in paragraph 1(b) of this Article, the request for conversion shall be submitted to the European Patent Office in accordance with the EPC Implementing Regulations. It shall not be deemed to be filed until the conversion fee has been paid. The European Patent Office shall transmit the request to the central industrial property offices of the EPC Contracting States specified therein.

 

(4)

The effect of the European patent application referred to in Article 66 (Equivalence of European

filing with national filing ) shall lapse if the request for conversion is not submitted in due time.

 

Prepared by European Patent Registration and Consulting Services

www.european-patent-registration.com
de.linkedin.com/in/europeanpatentregistration

 


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