National legal basis

Filing patent applications

Rights conferred

Translations of claims

Tranlations of patent specifications

Authentic text

Renewal fees

Conversion

Payment of fees

Registering a transfer

Miscellaneous 

European patent system

The centralised, fundamentally autonomous and uniform procedure for the grant of European patents, introduced by the European Patent Convention (EPC), is linked in a special way with the national patent law of the member states of the European Patent Organisation, and at a number of stages it "interfaces" with the national legal systems - a feature essential to smooth interaction between European and national law. In each of the contracting states for which it is granted, the European patent has the effect of and is subject to the same conditions as a national patent granted by that state, unless otherwise provided in the EPC (Article 2(2) EPC).

The salient characteristic of these interfaces is that, at the outset or in the course of the European grant procedure or after it has been completed, the patent applicant or proprietor may or must take certain steps before the patent authorities of the contracting states in order to acquire or maintain certain rights in those states. It is therefore of primordial importance for all European applicants and proprietors to be familiar with and carefully observe such procedural steps laid down by national law and the conditions for their validity, if full advantage is to be derived from the European patent system and loss of rights is to be avoided.

This booklet is intended by the European Patent Office as a concise and reliable guide to the most important provisions and requirements of the national law of the contracting states applicable to European patent applications and patents, for the use of European patent applicants and proprietors and all others concerned with the European patent system. It may be considered as it were a “Guide to the Euro-legislation of the contracting states on patents" and thus supplements the guide for applicants - "How to get a European patent". The synopses given in the following tables have been prepared in close collaboration with the authorities of the contracting states responsible for the protection of industrial property, to which the EPO is indebted for their active support and numerous valuable suggestions.

Although we have exercised the greatest care in drawing up the tables, we cannot vouch for the absolute completeness and accuracy of the information given. If only because of their conciseness and the fact that they concentrate on the bare essentials, the tables can be no substitute for consultation of the national legal sources themselves, supplemented where appropriate by professional advice from authorised persons. After all, despite the latest reforms, thorough as they have mostly been, national patent law and practice are not static phenomena but are constantly changing and, of necessity, developing. As a result, it is not even possible to state with any certainty that the legal provisions summarised in the tables will not have been changed by the time this booklet appears. In particular, the reader should not assume that the official fees given at various points in the tables have not been increased in the meantime. It is therefore advisable always to refer back to the official publications of the contracting states so as to keep up to date with the development of national legislation and official practice. The EPO will continue to provide regular and, as far as possible, up-to-date coverage in its Official Journal of legal developments in the contracting states.

The present 12th edition provides information on the so-called extension states immediately following on the information given for the EPO contracting states.

Extension System

The European Patent Organisation has concluded agreements on cooperation in the field of patents and on extending the protection conferred by European patents (Extension Agreements) with a number of states which are not party to the EPC.

These agreements form the basis of an extension system providing European patent applicants with a simple and cost-effective way of obtaining patent protection in these countries. At the applicant’s request and on payment of the extension fee, European applications (direct or Euro-PCT, provided PCT applications include the designation both for a European patent and for extension states) and patents can be extended to these countries where they will have the same effects as national applications and patents and will enjoy substantially the same protection as patents granted by the EPO for the member states of the European Patent Organisation. At present, extension to the following states may be requested:

Latvia (as from 1 May 1995)

Albania (as from 1 February 1996)

former Yugoslav Republic of Macedonia (as from 1 November 1997)

Croatia (as from 1 April 2004)

Serbia and Montenegro (as from 1 November 2004)

Bosnia and Herzegovina (as from 1 December 2004)

Extension is possible only for those applications filed after entry into force of the agreements!

The extension system largely corresponds to the EPC system operating in the EPC contracting states, except that it is based not on direct application of the EPC but solely on national law modelled on the EPC. It is therefore subject to the national extension rules of the country concerned.

The rules, which are identical for all states mentioned, are summarised below, while the main requirements in each country are indicated in the tables concerned immediately following on the information for the contracting states. For further information on extension see OJ EPO 1994, 75, OJ EPO 1997, 538 and OJ EPO 2004, 117, 563 and 619.

Extension fee

The extension fee of EUR 102 is payable to the EPO. The time limit for payment of the extension fee is:

- for European applications
Six months of the date on which the European Patent Bulletin mentions the publication of the European search report; two-month period of grace (R. 85a(2) EPC), provided a 50% surcharge is paid.

- for Euro-PCT applications
31 months from the filing or priority date (R. 107(1) EPC)

Withdrawal of the request for extension

The request for extension is deemed withdrawn if the extension fee is not paid or the application is withdrawn, refused or deemed withdrawn.

Accession to the EPC of an extension state

The extension agreement between an extension state and the European Patent Organisation will terminate with the entry into force of the EPC in that state. It will thereafter no longer be possible to extend European patent applications and patents to the former extension state. The extension system will, however, continue to apply to all European and international applications filed prior to the date of entry into force of the EPC in that state, as well as to all European patents granted in respect of such applications.

The legal situation outlined above exists in Slovenia (termination of the extension agreement with effect from 1 December 2002), in Romania (termination of the extension agreement with effect from 1 March 2003) and in Lithuania (termination of the extension agreement with effect from 1 December 2004). The same legal situation will exist in the present extension state Latvia, as soon as this country becomes an EPC contracting state.