Article 55 - Non-prejudicial disclosures


 

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EUROPEAN PATENT CONVENTION- Table of Contents    
European Patent Convention Preface Implementing Regulations
PART II - SUBSTANTIVE PATENT LAW PART I - GENERAL AND INSTITUTIONAL PROVISIONS PART III - APPLICATION FOR EUROPEAN PATENTS
Chapter I - Patentability Chapter V - Financial provisions Chapter II - Persons entitled to apply for and obtain European patents - Mention of the inventor
Article 55 - Non-prejudicial disclosures Article 54 - Novelty Article 56 - Inventive step

Article 55

Non-prejudicial disclosures


(1) For the application of Article 54 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)31 an evident abuse in relation to the applicant or his legal predecessor, or


(b) the fact that the applicant or his legal predecessor has displayed the invention at an official, or officially recognised, international exhibition falling within the terms of the Convention on international exhibitions signed at Paris on 22 November 1928 and last revised on 30 November 1972.


(2) In the case of paragraph 1(b), paragraph 1 shall apply only if the applicant states, when filing the European patent application, that the invention has been so displayed and files a supporting certificate within the period and under the conditions laid down in the Implementing Regulations.


31 See decisions of the Enlarged Board of Appeal G 3/98, G 2/99 (Annex I).

 

Art. 100, 138
R. 23, 107