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European Patent Convention No. 16208 MULTILATERAL Convention on the Grant of European Patents (European Patent Convention) (with Implementing Regulations, Protocol on Jurisdiction and the Recognition of Deci sions in Respect of the Right to the Grant of a Euro pean Patent, Protocol on Privileges and Immunities of the European Patent Organisation, Protocol on the Centralisation of the European Patent System and on its Introduction, and Protocol on the Interpretation of article 69 of the Convention). Concluded at Munich on 5 October 1973 Authentic texts: German, English and French, Registered by the Federal Republic of Germany on 11 January 1978. MULTILATERAL Convention sur la délivrance de brevets européens (Con vention sur le brevet européen) [avec Règlement d'exécution, Protocole sur la compétence judiciaire et la reconnaissance de décisions portant sur le droit à l'ob tention du brevet européen, Protocole sur les privilèges et immunités de l'Organisation européenne des brevets, Protocole sur la centralisation et l'introduction du système européen des brevets, et Protocole interprétatif de l'article 69 de la Convention]. Conclue à Munich le 5 octobre 1973 Textes authentiques : allemand, anglais et français. Enregistrée par la République fédérale d'Allemagne le 11 janvier 1978. Vol. 1065,1-16208 1978 United Nations — Treaty Series • Nations Unies — Recueil des Traités 255 CONVENTION1 ON THE GRANT OF EUROPEAN PATENTS (EURO PEAN PATENT CONVENTION) CONTENTS Preamble Art. 18. Examining Divisions Part I. General and institutional provisions Art. 19. Opposition Divisions Art. 20. Legal Division Chapter I. General provisions Art. 21. Boards of Appeal Art. 1. European law for the grant of Art. 22. Enlarged Board of Appeal patents Art. 23. Independence of the members of Art. 2. European patent the Boards Art. 3. Territorial effect Art. 24. Exclusion and objection Art. 4. European Patent Organisation Art. 25. Technical opinion Chapter II. The European Patent Organi Chapter IV. The Administrative Council sation Art. 26. Membership Art. 5. Legal status Art. 27. Chairmanship Art. 6. Seat Art. 28. Board Art. 7. Sub-offices of the European Patent Office Art. 29. Meetings Art. 8. Privileges and immunities Art. 30. Attendance of observers Art. 9. Liability Art. 31. Languages of the Administrative Council Chapter III. The European Patent Office Art. 32. Staff, premises and equipment Art. 10. Direction Art. 33. Competence of the Administra tive Council in certain cases Art. 11. Appointment of senior employees Art. 34. Voting rights Art. 12. Duties of office Art. 35. Voting rules Art. 13. Disputes between the Organisa Art. 36. Weighting of votes tion and the employees of the European Patent Office Chapter V. Financial provisions Art. 14. Languages of the European Art. 37. Cover for expenditure Patent Office Art. 38. The Organisation©s own resour Art. 15. The departments charged with ces the procedure Art. 39. Payments by the Contracting Art. 16. Receiving Section States in respect of renewal fees Art. 17. Search Divisions for European patents 1 Came into force in respect of the following countries on 7 October 1977, i.e., three months after the date of deposit with the Government of the Federal Republic of Germany of the last instrument of ratification or accession by six States on whose territory the total number of patent applications filed in 1970 amounted to 180,000 for all the said States, in ac cordance with article 169 (1): Date of deposit Date of deposit of the instrument of the instrument Slate of ratification State of ratification Germany, Federal Republic of..... 7 July 1976 France........................... i July 1977 Netherlands ............,-...... 28 February 1977 (Including the French Overseas Ter United Kingdom of Great Britain ritories and Departments.) and Northern Ireland .......... 3 March 1977 Luxembourg ..................... 7 July 1977 (Including the Isle of Man.) Belgium ......................... 14 July 1977 Switzerland..................... 20 April 1977 Vol. 1065,1-16208 256 United Nations — Treaty Series • Nations Unies — Recueil des Traités 1978 Art. 40. Level of fees and payments Art. 68. Effect of revocation of the Euro Special financial contributions pean patent Art. 41. Advances Art. 69. Extent of protection Art. 42. Budget Art. 70. Authentic text of a European Art. 43. Authorisation for expenditure patent application or European Art. 44. Appropriations for unforesee patent able expenditure Chapter IV. The European patent application Art. 45. Accounting period as an object of property Art. 46. Preparation and adoption of the budget Art. 71. Transfer and constitution of Art. 47. Provisional budget rights Art. 48. Budget implementation Art. 72. Assignment Art. 49. Auditing of accounts Art. 73. Contractual licensing Art. 50. Financial Regulations Art. 74. Law applicable Art. 51. Rules relating to Fees Part III. Application for European Patents Part II. Substantive Patent Law Chapter I. Filing and requirements of the European patent application Chapter I. Patentability Art. 75. Filing of the European patent Art. 52. Patentable inventions application Art. 53. Exceptions to patentability Art. 76. European divisional applications Art. 54. Novelty Art. 77. Forwarding of European patent Art. 55. Non-prejudicial disclosures applications Art. 56. Inventive step Art. 78. Requirements of the European Art. 57. Industrial application patent application Art. 79. Designation of Contracting Chapter II. Persons entitled to apply for and States obtain European patents Men Art. 80. Date of filing tion of the inventor Art. 81. Designation of the inventor Art. 58. Entitlement to file a European Art. 82. Unity of invention patent application Art. 83. Disclosure of the invention Art. 59. Multiple applicants Art. 84. The claims Art. 60. Right to a European patent Art. 85. The abstract Art. 61. European patent applications by persons not having the right to a Art. 86. Renewal fees for European European patent patent applications Art. 62. Right of the inventor to be men Chapter II. Priority tioned Art. 87. Priority right Chapter III. Effects of the European patent and the European patent appli Art. 88. Claiming priority cation Art. 89. Effect of priority right Art. 63. Term of the European patent Part IV. Procedure up to grant Art. 64. Rights conferred by a European patent Art. 90. Examination on filing Art. 65. Translation of the specification Art. 91. Examination as to formal of the European patent requirements Art. 66. Equivalence of European filing Art. 92. The drawing up of the European with national filing search report Art. 67. Rights conferred by a European Art. 93. Publication of a European patent application after publi patent application cation Art. 94. Request for examination Vol. 1065,1-16208 1978 United Nations — Treaty Series Nations Unies — Recueil des Traités 257 Art. 95. Extension of the period within Art. 124. Information concerning national which requests for examination patent applications may be filed Art. 125. Reference to general principles Art. 96. Examination of the European Art. 126. Termination of financial obliga patent application tions Art. 97. Refusal or grant Art. 98. Publication of a specification of Chapter II. Information to the public or the European patent official authorities Part V. Opposition procedure Art. 127. Register of European Patents Art. 128. Inspection of files Art. 99. Opposition Art. 129. Periodical publications Art. 100. Grounds for opposition Art. 130. Exchanges of information Art. 101. Examination of the opposition Art. 131. Administrative and legal coopera Art. 102. Revocation or maintenance of the tion European patent Art. 132. Exchange of publications Art. 103. Publication of a new specification of the European patent Chapter III. Representation Art. 104. Costs Art. 133. General principles of representa Art. 105. Intervention of the assumed in- tion fringer Art. 134. Professional representatives Part VI. Appeals procedure Part VIII. Impact on National Law Art. 106. Decisions subject to appeal Chapter I. Conversion into a national patent Art. 107. Persons entitled to appeal and to application be parties to appeal proceedings Art. 135. Request for the application of Art. 108. Time limit and form of appeal national procedure Art. 109. Interlocutory revision Art. 136. Submission and transmission of Art. 110. Examination of appeals the request Art. 111. Decision in respect of appeals Art. 137. Formal requirements for conver Art. 112. Decision or opinion of the En sion larged Board of Appeal Chapter II. Revocation and prior rights Part VII. Common provisions Art. 138. Grounds for revocation Chapter I. Common provisions governing Art. 139. Rights of earlier date or the same procedure date Art. 113. Basis of decisions Chapter III. Miscellaneous effects Art. 114. Examination by the European Art. 140. National utility models and utility Patent Office of its own motion certificates Art. 115. Observations by third parties Art. 141. Renewal fees for European Art. 116. Oral proceedings patents Art. 117. Taking of evidence Part IX. Special agreements Art. 118. Unity of the European patent application or European patent Art. 142. Unitary patents Art. 119. Notification Art. 143. Special departments of the Euro Art. 120. Time limits pean Patent Office Art. 121. Further processing of the Euro Art. 144. Representation before special de pean patent application partments Art. 122. Restitutio in integrum Art. 145. Select committee of the Adminis Art. 123. Amendments trative Council Vol. 1065,1-16208 258 United Nations — Treaty
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