Ancillary Regulations Part I: Article 167 OJ 1987, 426

Article 167 OJ 1987, 426: Expiry of the reservations by Austria under Article 167 EPC

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Table of Contents

Foreword

Ancillary Regulations

Part I

Article 167

Article 163 OJ 1978, 327: Decision of the Administrative Council of 6 July 1978 on the expiry of the transitional period provided for in Article 163, paragraph 1, of the European Patent Convention

Article 167 OJ 1987, 426: Expiry of the reservations by Austria under Article 167 EPC

Article 157(3) OJ 1994, 691: PCT Fee reduction by certain designated/elected Offices where the EPO has acted as ISA or IPEA

Article 167 OJ 1992, 301: Notice of the President of the European Patent Office dated 13 May 1992 concerning reservations entered by Spain and Greece under Article 167 EPC

Article 167 - OJ 1987, 426

Expiry of the reservations by Austria under Article 167 EPC

- OJ 1987, 426 -

When depositing its instrument of ratification of the European Patent Convention on 27 February 1979 Austria made the reservations provided for in Article 167(2)(a) and (d) EPC.

As a result of the reservation made under Article 167(2)(a) EPC in conjunction with 10(2) of the Introductory Law on Patent Treaties, European patents may be revoked as regards Austria insofar as they confer protection on chemical, pharmaceutical or food products for human consumption as such. The effect of the reservation under Article 167(2)(d) EPC is that Austria is not bound by the Protocol on Recognition¹.

Both reservations will cease to have effect after 7 October 1987 (Article 167(3), first sentence, and (6) EPC).

This means that a separate set of claims for Austria is no longer necessary for European patent applications designating that country, which are filed from 8 October 1987 and by which protection is sought for chemical, pharmaceutical or food products as such².

In the case of European patents with effect in Austria granted on European patent applications filed before 8 October 1987 the effect of the reservation under Article 167(2)(a) EPC continues for the term of such patents (Article 167(5) EPC).

Impact on national law

The end of the term of the reservation by Austria under Article 167(2)(a) EPC also has implications for the general ban on protection of substances applicable until now in Austria.

The general ban contained in Article IV of the Austrian Patents (Amendment) Act 1984³ ceases to have effect on 8 October 1987. Simultaneously under Article VII(3) of the Act the provisions of the Austrian Patent Law enter into force, according to which products, in particular substances or compositions, for use in a method for treatment of human beings by surgery or therapy or in a diagnostic method practised on human beings are not excluded from patentability (Section 2, paragraph 2, second sentence, of the Patent Law) and any substance or composition comprised in the state of the art is patentable if it is intended for use in one of these methods, or in such a method for use on animals, and its application in one of these methods does not form part of the state of the art (Section 3, paragraph 2, of the Patent Law).

Accordingly, from 8 October 1987 the Austrian Patents (Amendment) Act 1984 enters fully into force.

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¹	See OJ EPO 1979, 289 and OJ EPO 1985, 145.

²	See OJ EPO 1981, 68 and OJ EPO 1985, 145.

³	See OJ EPO 1985, 116 Section II.1 and 2.