IP Law News

Forwarding of European patent applications

According to Article 77 of the European Patent Convention (EPC)

(1)

The central industrial property office of a Contracting State shall forward to the European Patent Office any European patent application filed with it or any other competent authority in that State, in accordance with the Implementing Regulations. 

(2)

A European patent application the subject of which has been made secret shall not be forwarded to the European Patent Office. 

(3)

European divisional applications

According to Article 76 of the European Patent Convention (EPC),

(1)

A European divisional application shall be filed directly with the European Patent Office in accordance with the Implementing Regulations. It may be filed only in respect of subject-matter which does not extend beyond the content of the earlier application as filed; in so far as this requirement is complied with, the divisional application shall be deemed to have been filed on the date of filing of the earlier application and shall enjoy any right of priority. 

(2)

Filing of a European patent application

According to Article 75 of the European Patent Convention (EPC)

(1)

A European patent application may be filed: 

(a)

with the European Patent Office, or 

(b)

if the law of a Contracting State so permits, and subject to Article 76, paragraph 1, with the central industrial property office or other competent authority of that State. Any application filed in this way shall have the same effect as if it had been filed on the same date with the European Patent Office.

European Patent - Law applicable

According to article 74 of the European Patent Convention (EPC) , unless this Convention provides otherwise, the European patent application as an object of property shall, in each designated Contracting State and with effect for such State, be subject to the law applicable in that State to national patent applications. 

 

Prepared by European Patent Registration and Consulting Services GmbH

 

European patent application - Contractual licensing

According to Article 73 of the European Patent Convention (EPC) a European patent application may be licensed in whole or in part for the whole or part of the territories of the designated Contracting States. 

 

Prepared by European Patent Registration and Consulting Services GmbH

 

European patent registration - Assignment

According to Art. 72 of the European Patent Convention (EPC) , an assignment of a European patent application shall be made in writing and shall require the signature of the parties to the contract. 

Prepared by European Patent Registration and Consulting Services GmbH

 

European patent registration - Authentic text of a European patent application or European patent

According to art. 70 of the European Patent Convention (EPC) , the text of a European patent application or a European patent in the language of the proceedings shall be the authentic text in any proceedings before the European Patent Office and in any Contracting State. 

 

If, however, the European patent application has been filed in a language which is not an official language of the European Patent Office, that text shall be the application as filed within the meaning of this Convention. 

 

European patent registration - Transfer and constitution of rights

According to Art. 71 of the European Patent Convention (EPC), a European patent application may be transferred or give rise to rights for one or more of the designated Contracting States. 

 

Prepared by European Patent Registration and Consulting Services GmbH

European patent registration - Extent of protection

According to  art. 69 of the European Patent Convention (EPC) the extent of the protection conferred by a European patent or a European patent application shall be determined by the claims. Nevertheless, the description and drawings shall be used to interpret the claims. 

 

European patent registration, Effect of revocation or limitation of the European patent

According to art. 68 of 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 Articles 64 EPC  (i.e. conferring in each Contracting State the same rights as would be conferred by a national patent granted)  and 67, EPC (i.e.

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