Op deze pagina vindt u Verdrag inzake de verlening van Europese octrooien ( Europees Octrooiverdrag), München, (Europees. Art. 54 Europees Octrooiverdrag – – Article Novelty 1. An invention shall be considered to be new if it does not form part of the state of the. Art. Europees Octrooiverdrag – – Article Representation before the European Patent Office 1. Representation of natural or legal.
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Verdrag inzake de verlening van Europese octrooien Europees Octrooiverdrag. Desiring to strengthen co-operation between the States of Europe in respect of the protection of inventions. Desiring cotrooiverdrag such protection may be obtained in those States by a single procedure for the grant of patents, and by the establishment of certain standard rules governing patents so granted.
Desiring, for this purpose, to conclude a Convention which establishes a European Patent Organisation and which constitutes a special agreement within the meaning of Article 19 of the Convention for the Protection of Industrial Propertysigned in Paris on 20 March and last revised octrooiverdrsg 14 Julyand a regional patent treaty within the meaning of Article 45, paragraph 1, of the Patent Cooperation Treaty of 19 June.
A system of law, common to the Contracting States, for the grant of patents for invention eurooees hereby established. The grant of a European patent may be requested for one or more of the Otrooiverdrag States. It shall have administrative and financial autonomy.
It shall have a branch at The Hague. By decision of the Administrative Council, sub-offices of the European Patent Office may be created if need be, for the purpose of information and liaison, in the Contracting States and with intergovernmental organisations in the field of industrial property, subject to the approval of the Contracting State or europes concerned.
Verdrag inzake de verlening van Europese octrooien (Europees Octrooiverdrag), München, 05-10-1973
The Protocol on Privileges and Immunities annexed to this Convention shall define the conditions under which the Organisation, the members of the Administrative Council, the employees of the European Patent Office and such other persons specified in that Protocol as take part in the work of the Octrooivervrag, shall enjoy, in the territory of each Contracting State, the privileges and immunities necessary for the performance of their duties.
Where the damage is caused by the branch at The Hague or a sub-office or employees attached thereto, the provisions of the law of the Contracting State in which such branch or sub-office is located shall apply. If the Kctrooiverdrag is absent or indisposed, one of the Vice-Presidents shall take his place in eyropees with the procedure laid down by the Administrative Council.
They may be reappointed by decision of the Administrative Council after the President of the European Patent Office has been consulted. The employees of octrooiverdtag European Patent Office shall be bound, even after the termination of their employment, neither to octrooivdrdrag nor to make use of information which by its nature is a professional secret.
European patent applications must be filed in one of these languages. Nevertheless, a translation in one of the official languages of the European Patent Office must be filed within the time limit prescribed in the Implementing Regulations; throughout the proceedings before the European Patent Office, such translation may be brought into conformity with the original text of euuropees application.
They must however file a translation in the language of the proceedings within the time limit prescribed in the Implementing Regulations; in the cases provided for in the Implementing Regulations, they may file a translation in a different official language of the European Patent Office. In cases of doubt, the entry in the language of octropiverdrag proceedings shall be authentic.
For implementing the procedures laid down in this Convention, there shall be set up within the European Patent Office:. The Receiving Section shall be in the branch at Suropees Hague.
It shall be responsible for the examination on filing and the examination as to formal requirements of each European patent application up to the time when a request for examination has been made or the applicant has indicated under Article 96, paragraph 1, that he desires to proceed further with his application.
Europees Octrooiverdrag – :: voorheen
It shall also be responsible for the publication of the European patent application and the European search report. The Search Divisions shall be in the branch at The Hague. They shall be responsible for drawing up European search reports. Nevertheless, the examination prior to a final decision shall, as a octrooiverdtag rule, be entrusted to one member of the Division.
Oral proceedings shall be before the Examining Division itself. If the Examining Division considers that the nature of the decision so requires, it shall be enlarged by the addition of a legally qualified examiner. In the event of parity of votes, the vote of the Chairman of the Division shall be decisive. An examiner who has taken part in the proceedings for the grant of the European patent shall not be the Chairman. Prior to the taking of a final decision on the opposition, the Opposition Division may entrust the examination of the opposition to one of its members.
Oral proceedings shall be before the Opposition Division itself. If the Opposition Division considers that the nature of the decision so octrooivervrag, it shall be enlarged by the addition of a legally qualified examiner who shall not have taken part in the proceedings for grant of the patent. One of the legally qualified members shall be the Chairman. They shall be subject to the approval of the Administrative Council.
An objection shall not be admissible if, while being aware of a reason for objection, the party has taken a procedural step. No objection may be based upon the nationality octrooiverdra members. For the purposes of taking this decision the member objected to shall be replaced by his alternate. At the request of the competent national court trying an infringement or revocation action, the European Patent Office shall be obliged, against payment of an appropriate fee, to give a technical opinion concerning the European patent which is the subject of the action.
The Examining Divisions shall be responsible for the issue of such europee. Each Contracting State shall be entitled to appoint one Representative and one alternate Representative to the Administrative Council.
The Deputy Chairman shall ex officio replace the Chairman in the event of his being prevented from attending to his duties. The terms of office shall be renewable. This term of office shall not be renewable. In addition, it shall meet on the initiative of its Chairman or at the request of one-third of the Contracting States. The European Patent Office shall place at the disposal of the Administrative Council and any body established by it such staff, premises and equipment as may be necessary for the performance of their duties.
Such decision may be rescinded. The decision shall be determined by the result of this second ballot. The Organisation’s own resources shall be the yield from the fees eurpees down in this Convention, ejropees also all receipts, whatever their nature. However, if the said proportion corresponds to an amount which is less than a uniform minimum amount fixed by the Administrative Council, the Contracting State shall pay that minimum to the Organisation.
However, the amounts to be contributed by States in which the number of patent applications filed exceeds 25, shall then be taken as a whole and a new scale drawn up determined in proportion to the total number of patent applications filed in these States. Repayments shall be made in so far as it is possible to provide europews this purpose in the budget; the amount thus provided shall be distributed amoung the Contracting States in accordance with the scale mentioned in paragraphs 3 and 4 above.
Such advances shall be apportioned in proportion to the amounts due by the Contracting States for the accounting period in question. If necessary, there may be amending or supplementary budgets. Article 39, paragraph 4, shall apply mutatis mutandis to these contributions. The auditors shall draw up a report after the end of each accounting period.
The Rules relating to Fees shall determine in particular the amounts of the fees and the ways in which they are to be paid. This provision shall octgooiverdrag apply to products, in particular substances or octrioiverdrag, for use in octrloiverdrag of these methods. 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, octroooverdrag documents are not to be considered in deciding whether there has been an inventive step.
An invention shall be considered as susceptible of industrial application if it can be made or used in any kind of industry, including agriculture. 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.
A European patent application may also be filed either by joint applicants euroees by two or more applicants designating different Contracting States. If the inventor is an employee the right eruopees the 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 his place of business to which the employee is attached.
The period for supplying the translation shall end three months after the date on which the mention of the grant of the European patent or of the maintenance of the European patent as amended is published in the European Patent Bulletin, unless the State concerned prescribes a longer period. A European patent application which has been accorded a date of filing shall, in the designated Contracting States, be equivalent to a regular national filing, where appropriate with the priority claimed for the European patent application.
However, the protection attached to the publication of the European patent application may not be less than that which the laws of the State concerned attach to the compulsory publication of unexamined national patent applications. In any event, every State shall ensure at least that, from the date of publication of a European patent application, the applicant can claim compensation reasonable in the circumstances from any person who has used the invention in.
The same shall apply in respect of the effects of the European patent application in a Contracting State the designation of which is withdrawn or deemed to be withdrawn.
The European patent application and the resulting patent shall be deemed not to have had, as from the outset, the effects specified in Articles 64 and 67, to the extent that the patent has been revoked in opposition proceedings. Nevertheless, the description and drawings shall be used to interpret the claims. However, the European patent as granted or as amended in opposition proceedings shall determine retroactively the protection conferred by the European patent application, in so far as such protection is not thereby extended.
Such corrected translation shall not have any legal effect until any conditions established by the Contracting State under Article 65, paragraph 2, and Article 67, paragraph 3, have been complied with mutatis mutandis. A European patent application may be transferred or give rise to rights for one or more of the designated Contracting States.
An assignment of a European patent application shall be made in writing and shall require the signature of the parties to the contract. 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.
Art. 54 Europees Octrooiverdrag – :: voorheen
Unless otherwise specified in this Convention, 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. An application filed in this way shall have the same effect as if it had been filed on the same date at the European Patent Office.
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 provision is complied with, the divisional application shall be deemed to have been filed on the date of filing of the earlier application and shall have the benefit of any right to priority.
The filing, search and designation fees shall be refunded. The designation fees shall be paid within six months of the date on which the European Patent Bulletin mentions the publication of the European search report. Withdrawal of the designation of all the Contracting States shall be deemed to be a withdrawal of the European patent application. Designation fees shall not be refunded. The date of filing of a European patent application shall be the date on which documents filed by the applicant contain:.
The European patent application shall designate the inventor. If the applicant is not the inventor or is not the sole inventor, the designation shall contain a statement indicating the origin of the right to the European patent. The European patent application shall relate to one invention only or to a group of inventions so linked as to form a single general inventive concept. The European patent application must disclose the invention in a manner sufficiently clear and complete for it to be carried out by a person skilled in the art.
The claims shall define the matter for which protection is sought. They shall be clear and concise and be supported by the description.
The abstract shall merely serve for use as technical information; it may not be taken into account for any other purpose, in particular not for the purpose of interpreting the scope of the protection sought nor for the purpose of applying Article 54, paragraph 3. These fees shall be due in respect of the third year and each subsequent year, calculated from the date of filing of the application.
The European Patent Office alone shall be competent to decide this. The previous application may not thereafter serve as a basis for claiming a right of priority. The procedure to be followed in carrying out these provisions is laid down in the Implementing Regulations. Where appropriate, multiple priorities may be claimed for any one claim. Where multiple priorities are claimed, time limits which run from the date of priority shall run from the earliest date of priority.
The right of priority shall have the effect that the date of priority shall count as the date of filing of the European patent application for the purposes of Article 54, paragraphs 2 and 3, and Article 60, paragraph 2. If the deficiencies are not remedied in due time, the application shall not be dealt with as a European patent application.
Nevertheless, at the request of the applicant the application may be published before the expiry of the period referred to above.