IP Law News

EFFECT OF REVOCATION OR LIMITATION OF THE EUROPEAN PATENT

According to Article 68 pf the European Patent Convention (EPC) The European patent application and the resulting European patent shall be deemed not to have had, from the outset, the effects specified in Article 64 EPC (regulating rights conferred by a European patent) and in Article 67 EPC (regulating r

EFFECT OF REVOCATION OR LIMITATION OF THE EUROPEAN PATENT

According to Article 68 pf the European Patent Convention (EPC) The European patent application and the resulting European patent shall be deemed not to have had, from the outset, the effects specified in Article 64 EPC (regulating rights conferred by a European patent) and in Article 67 EPC (regulating r

EFFECT OF REVOCATION OR LIMITATION OF THE EUROPEAN PATENT

According to Article 68 pf the European Patent Convention (EPC) The European patent application and the resulting European patent shall be deemed not to have had, from the outset, the effects specified in Article 64 EPC (regulating rights conferred by a European patent) and in Article 67 EPC (regulating r

RIGHTS CONFERRED BY A EUROPEAN PATENT APPLICATION AFTER PUBLICATION

According to Article 67 of the European Patent Convention (EPC),

(1) A European patent application shall, from the date of its publication, provisionally confer upon the applicant the protection provided for by Article 64 EPC, in the Contracting States designated in the application.

EUROPEAN PATENT – EQUIVALENCE OF EUROPEAN FILING WITH NATIONAL FILING

According to Article 66 of the European Patent Convention (EPC),

A European patent application which has been accorded a date of filing shall, in the designated EPC Contracting States, be equivalent to a regular national filing, where appropriate with the priority claimed for the European patent application.

TRANSLATION OF THE EUROPEAN PATENT

According to Article 65 of the European Patent Convention (EPC),

RIGHTS CONFERRED BY A EUROPEAN PATENT

According to Article 64 of the European Patent Convention (EPC),

 

(1) A European patent shall, subject to the provisions of paragraph 2 of this article , confer on its proprietor from the date on which the mention of its grant is published in the European Patent Bulletin, in each EPC Contracting State in respect of which it is granted, the same rights as would be conferred by a national patent granted in that State.

TERM OF THE EUROPEAN PATENT

According to Article 63 of the European Patent Convention (EPC),

 

(1) The term of the European patent shall be 20 years from the date of filing of the application. 

(2) Nothing in the preceding paragraph shall limit the right of a EPC Contracting State to extend the term of a European patent, or to grant corresponding protection which follows immediately on expiry of the term of the patent, under the same conditions as those applying to national patents: 

EUROPEAN PATENT - RIGHT OF THE INVENTOR TO BE MENTIONED

According to Article 62 and other articles of the European Patent Convention (EPC),

The inventor shall have the right, vis-à-vis the applicant for or proprietor of a European patent, to be mentioned as such before the European Patent Office.

EUROPEAN PATENT APPLICATION FILED BY NON-ENTITLED PERSONS

According to Article 61 of the European Patent Convention (EPC),

(1) If by a final decision it is adjudged that a person other than the applicant is entitled to the grant of the European patent, that person may, in accordance with the Implementing Regulations: 

(a) prosecute the 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 

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