European Patent Convention

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Convention on the Grant of European Patents

(European Patent Convention)

of 5 October 1973

as revised by the Act revising Article 63 EPC of 17 December 1991

and the Act revising the EPC of 29 November 2000 [ 1 ]

PREAMBLE

PART I
GENERAL AND INSTITUTIONAL PROVISIONS

Chapter I
General provisions

Art. 1

European law for the grant of patents

European Patent Organisation

Art. 4a

Conference of ministers of the Contracting States

Chapter II
The European Patent Organisation

Sub-offices of the European Patent Office

Art. 8

Privileges and immunities

Art. 9

Liability

Chapter III
The European Patent Office

Art. 10

Management

Art. 11

Appointment of senior employees

Art. 12

Duties of office

Art. 13

Disputes between the Organisation and the employees of the European Patent Office

Art. 14

Languages of the European Patent Office, European patent applications and other documents

Art. 15

Departments entrusted with the procedure

Enlarged Board of Appeal

Art. 23

Independence of the members of the Boards

Art. 24

Exclusion and objection

Art. 25

Technical opinion

Chapter IV
The Administrative Council

Attendance of observers

Art. 31

Languages of the Administrative Council

Art. 32

Staff, premises and equipment

Art. 33

Competence of the Administrative Council in certain cases

Chapter V
Financial provisions

Art. 37

Budgetary funding

Art. 38

The Organisation's own resources

Art. 39

Payments by the Contracting States in respect of renewal fees for European patents

Art. 40

Level of fees and payments – Special financial contributions

Authorisation for expenditure

Art. 44

Appropriations for unforeseeable expenditure

Art. 45

Accounting period

Art. 46

Preparation and adoption of the budget

Art. 47

Provisional budget

Art. 48

Budget implementation

Art. 49

Auditing of accounts

Art. 50

Financial Regulations

Art. 51

Fees

PART II
SUBSTANTIVE PATENT LAW

Chapter I
Patentability

Art. 52

Patentable inventions

Art. 53

Exceptions to patentability

Art. 54

Novelty

Art. 55

Non-prejudicial disclosures

Art. 56

Inventive step

Art. 57

Industrial application

Chapter II
Persons entitled to apply for and obtain a European patent – Mention of the inventor

Art. 58

Entitlement to file a European patent application

Art. 59

Multiple applicants

Art. 60

Right to a European patent

Art. 61

European patent applications filed by non-entitled persons

Art. 62

Right of the inventor to be mentioned

Chapter III
Effects of the European patent and the European patent application

Art. 63

Term of the European patent

Art. 64

Rights conferred by a European patent

Art. 65

Translation of the European patent

Art. 66

Equivalence of European filing with national filing

Art. 67

Rights conferred by a European patent application after publication

Art. 68

Effect of revocation or limitation of the European patent

Art. 69

Extent of protection

Art. 70

Authentic text of a European patent application or European patent

Chapter IV
The European patent application as an object of property

Art. 71

Transfer and constitution of rights

Art. 72

Assignment

Art. 73

Contractual licensing

Art. 74

Law applicable

PART III
THE EUROPEAN PATENT APPLICATION

Chapter I
Filing and requirements of the European patent application

Art. 75

Filing of a European patent application

Art. 76

European divisional applications

Art. 77

Forwarding of European patent applications

Art. 78

Requirements of a European patent application

Art. 79

Designation of Contracting States

Art. 80

Date of filing

Art. 81

Designation of the inventor

Art. 82

Unity of invention

Art. 83

Disclosure of the invention

Renewal fees for the European patent application

Effect of priority right

PART IV
PROCEDURE UP TO GRANT

Art. 90

Examination on filing and examination as to formal requirements

Art. 91

(deleted)

Art. 92

Drawing up of the European search report

Art. 93

Publication of the European patent application

Art. 94

Examination of the European patent application

Art. 95

(deleted)

Art. 96

(deleted)

Art. 97

Grant or refusal

Art. 98

Publication of the specification of the European patent

PART V
OPPOSITION AND LIMITATION PROCEDURE

Art. 99

Opposition

Art. 100

Grounds for opposition

Art. 101

Examination of the opposition – Revocation or maintenance of the European patent

Art. 102

(deleted)

Art. 103

Publication of a new specification of the European patent

Art. 104

Costs

Art. 105

Intervention of the assumed infringer

Art. 105a

Request for limitation or revocation

Art. 105b

Limitation or revocation of the European patent

Art. 105c

Publication of the amended specification of the European patent

PART VI
APPEALS PROCEDURE

Art. 106

Decisions subject to appeal

Art. 107

Persons entitled to appeal and to be parties to appeal proceedings

Art. 108

Time limit and form

Art. 109

Interlocutory revision

Art. 110

Examination of appeals

Art. 111

Decision in respect of appeals

Art. 112

Decision or opinion of the Enlarged Board of Appeal

Art. 112a

Petition for review by the Enlarged Board of Appeal

PART VII
COMMON PROVISIONS

Chapter I
Common provisions governing procedure

Art. 113

Right to be heard and basis of decisions

Art. 114

Examination by the European Patent Office of its own motion

Art. 115

Observations by third parties

Art. 116

Oral proceedings

Art. 117

Means and taking of evidence

Art. 118

Unity of the European patent application or European patent

Further processing of the European patent application

Art. 122

Re-establishment of rights

Art. 123

Amendments

Art. 124

Information on prior art

Art. 125

Reference to general principles

Art. 126

(deleted)

Chapter II
Information to the public or to official authorities

Art. 127

European Patent Register

Art. 128

Inspection of files

Art. 129

Periodical publications

Art. 130

Exchange of information

Art. 131

Administrative and legal co-operation

Art. 132

Exchange of publications

Chapter III
Representation

Art. 133

General principles of representation

Art. 134

Representation before the European Patent Office

Art. 134a

Institute of Professional Representatives before the European Patent Office

PART VIII
IMPACT ON NATIONAL LAW

Chapter I
Conversion into a national patent application

Art. 135

Request for conversion

Art. 136

(deleted)

Art. 137

Formal requirements for conversion

Chapter II
Revocation and prior rights

Art. 138

Revocation of European patents

Art. 139

Prior rights and rights arising on the same date

Chapter III
Miscellaneous effects

Art. 140

National utility models and utility certificates

Art. 141

Renewal fees for European patents

PART IX
SPECIAL AGREEMENTS

Art. 142

Unitary patents

Art. 143

Special departments of the European Patent Office

Art. 144

Representation before special departments

Art. 145

Select committee of the Administrative Council

Art. 146

Cover for expenditure for carrying out special tasks

Art. 147

Payments in respect of renewal fees for unitary patents

Art. 148

The European patent application as an object of property

Art. 149

Joint designation

Art. 149a

Other agreements between the Contracting States

PART X
INTERNATIONAL APPLICATIONS UNDER THE PATENT COOPERATION TREATY – EURO-PCT APPLICATIONS

Art. 150

Application of the Patent Cooperation Treaty

Art. 151

The European Patent Office as a receiving Office

Art. 152

The European Patent Office as an International Searching Authority or International Preliminary Examining Authority

Art. 153

The European Patent Office as designated Office or elected Office

Art. 154

(deleted)

Art. 155

(deleted)

Art. 156

(deleted)

Art. 157

(deleted)

Art. 158

(deleted)

PART XI
TRANSITIONAL PROVISIONS

(deleted)

PART XII
FINAL PROVISIONS

Art. 164

Implementing Regulations and Protocols

Art. 165

Signature – Ratification

Art. 166

Accession

Art. 167

(deleted)

Art. 168

Territorial field of application

Duration of the Convention

Art. 172

Revision

Art. 173

Disputes between Contracting States

Art. 174

Denunciation

Art. 175

Preservation of acquired rights

Art. 176

Financial rights and obligations of former Contracting States

Art. 177

Languages of the Convention

Art. 178

Transmission and notifications

A total of 1 records

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