IP Law News

Rights conferred by a European patent

According to art. 64 of the European Patent Convention  (EPC) a European patent shall, confer on its proprietor from the date on which the mention of its grant is published in the European Patent Bulletin, in each Contracting State in respect of which it is granted, the same rights as would be conferred by a national patent granted in that State.

 

If the subject-matter of the European patent is a process, the protection conferred by the patent shall extend to the products directly obtained by such process. 

 

Term of the European patent

According to the art. 63 par. 1 of the European Patent Convention  (EPC) , the term of the European patent shall be 20 years from the date of filing of the application. 

 

Nothing in the mentioned paragraph shall limit the right of a 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: 

(a)

in order to take account of a state of war or similar emergency conditions affecting that State; 

European patent registration - Right of the inventor to be mentioned

 

According  to Art. 62 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. 

 

Prepared by European Patent Registration and Consulting Services GmbH

European patent applications filed by non-entitled persons

 

According  to Art. 61 of the European Patent Convention 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 

(c)

request that the European patent application be refused. 

(2)

Right to a European patent

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

 

Entitlement to file a European patent application

 

According to Art. 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. 

Multiple applicants

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

 

Prepared by European Patent Registration and Consulting Services GmbH

European Patent - Industrial application

Industrial application

 

According  to Art. 57 of the European Patent Convention (EPC) 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 industrial application of a sequence or a partial sequence of a gene must be disclosed in the patent application. 

 

 

Prepared by European Patent Registration and Consulting Services GmbH

European Patent - Inventive step

Inventive step

 

According to Art. 56 of the European Patent Convention,, 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 the European Patent Convention (EPC)  these documents shall not be considered in deciding whether there has been an inventive step.

 

European Patent Registration, Invention Novelty

European Patent Registration

Invention Novelty

 

According  to Art. 54 of the European Patent Convention,

 (1)

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

(2)

The state of the art shall be held to comprise everything made available to the public by means of a written or oral description, by use, or in any other way, before the date of filing of the European patent application. 

(3)

European Patent Registration , Non-prejudicial disclosures

European Patent Registration
Non-prejudicial disclosures

 

According to the regulation in art. 55 of the European Patent Convention,

(1)

For a European patent application, a disclosure of the invention shall not be taken into consideration if it occurred no earlier than six months preceding the filing of the European patent application and if it was due to, or in consequence of:

 

(a)

an evident abuse in relation to the applicant or his legal predecessor, or 

 

(b)

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