IP Law News

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 

RIGHT TO A EUROPEAN PATENT

According to Article 60 of the European Patent Convention (EPC),

 

(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 a European patent shall be determined in accordance 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 the place of business to which the employee is attached. 

EUROPEAN PATENT – ENTITLEMENT TO FILE A EUROPEAN PATENT APPLICATION

According to Article 58 of the European Patent Convention (EPC),

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 governing it.

According to Article 59 of the European Patent Convention (EPC),

A European patent application may also be filed either by joint applicants or by two or more applicants designating different EPC Contracting States.

EUROPEAN PATENT – INDUSTRIAL APPLICATION

 

According to Article 57 of the European Patent Convention (EPC) and regulations in the EPC Implementing regulations,

An invention shall be considered as susceptible of industrial application if it can be made or used in any kind of industry, including agriculture.

The description of the invention shall indicate explicitly, when it is not obvious from the description or nature of the invention, the way in which the invention is industrially applicable. 

EUROPEAN PATENT – INVENTIVE STEP

According to Article 56 of the European Patent Convention (EPC),

An invention shall be considered as involving an inventive 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
 of EPC (regulating Novelty) these documents shall not be considered in deciding whether there has been an inventive step.

EUROPEAN PATENT – NOVELTY

According to Article 54 of the European Patent Convention (EPC),


(1) An invention shall be considered to be new if it does not form part of the state of the art.

EUROPEAN PATENT – EXCEPTIONS TO PATENTABILITY

According to Article 53 of the European Patent Convention (EPC), European patents shall not be granted in respect of:

(a) inventions the commercial exploitation of which would be contrary to "ordre public" or morality; 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;  

EUROPEAN PATENT – PATENTABLE INVENTIONS

According to Article 52 of the European Patent Convention (EPC)

(1) European patents shall be granted for any inventions, in all fields of technology, provided that they are new, involve an inventive step and are susceptible of industrial application. 

(2) The following in particular shall not be regarded as inventions within the meaning of paragraph 1

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