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II. Filing of European patent applications pursuant to Article 75, paragraphs 1(b) and 2, EPC
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Introduction Abbreviations National legal bases Filing of European patent applications pursuant to Article 75, paragraphs 1(b) and 2, EPC Rights conferred by a European patent application after publication pursuant to Article 93 EPC (Article 67 EPC) Filing of translations of the claims pursuant to Article 67(3) EPC Filing of translations of the patent specification under Article 65 EPC Authentic text of a European patent application or European patent (Article 70 EPC) Payment of renewal fees for European patents Conversion of European patent applications or patents into national patent applications or patents Payment of fees Registering a transfer, licences and other rights in respect of a European patent in the national patent register Miscellaneous

Contracting States

Austria
Belgium
Bulgaria
Cyprus
Czech Republic
Denmark
Estonia
Finland
France
Germany
Greece
Hungary
Iceland
Ireland
Italy
Liechtenstein
Lithuania
Luxembourg
Monaco
Netherlands
Poland
Portugal
Spain
Romania
Slovakia
Slovenia
Sweden
Switzerland
Turkey
United Kingdom

Extension States

Albania
Bosnia and Herzegovina
Croatia
Latvia
Lithuania
The former Yugoslav Republic of Macedonia
Romania
Serbia and Montenegro Slovenia


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 

 


Filing of European patent applications pursuant to Article 75, paragraphs 1(b) and 2, EPC

European patent applications may be filed at the EPO at Munich, its branch at The Hague, its sub-office in Berlin (however not in Vienna) or, if the law of a contracting state so permits, at the central industrial property office or other competent authority of that state.

The following table indicates, for each contracting state, whether European patent applications may be filed at the option of the applicant at the EPO or a national authority, which applications must be filed with the national authorities, the languages in which European patent applications are accepted by the national authorities and what special features need to be borne in mind in connection with the filing.

For the purpose of filing an application, a national representative does not need to be appointed if the applicant has neither a residence nor his principal place of business within the territory of the state concerned (Article 133(1) and (2) EPC).

Attention is drawn to the fact that a translation in respect of every application which is not in English, French or German must be filed in one of these languages within three months after the filling of the European application, but no later than 13 months after the date of priority (Article 14(2), Rule 6(1) EPC). If this translation is not filed in due time, the application is deemed to be withdrawn (Article 90(3) EPC).

European divisional applications must always be filed directly with the EPO at Munich, The Hague or Berlin (Article 76(1) EPC).

With regard to the languages specified in column 3, applicants are recommended to file applications where possible in the official language(s) of these states as difficulties of communication may arise - in particular in the case of states which have to examine applications in the light of national security regulations - possibly resulting in European patent applications being deemed to be withdrawn because of non-observance of the time limit for forwarding such applications (Article 77(5) EPC).

This table contains no information on extension states since Article 75(1)(a) and (b) EPC does not apply to these states.

 


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Version: NatLaw-july 2004
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