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VII. Conversion of European patent applications or patents into national patent applications or patents
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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 

 

Contracting State
Germany

Contracting State

Germany

1 Basis for conversion

Deemed withdrawal pursuant to Art. 77(5) EPC

Art. II § 9(1) LIPC

2 Procedural steps to be taken

(a) Payment of national filing fee (EUR 60)

(b) Filing, in duplicate, of a German translation of the patent application

(c) Filing of the designation of the inventor, if not indicated in the European application

Art. II § 9(1), (2) LIPC

§ 37 PA

3 Time limit for taking procedural steps referred to in column 2

(a) 3 months from filing of the request for conversion

(b) 3 months after notification of a request by the DPMA

Art. II § 9(2) LIPC

4 Must a national professional representative be appointed?

Not required for procedural steps referred to in column 2; an authorised professional representative before the EPO is not required to file a new authorisation. All subsequent procedural steps must be taken by an authorised national representative, if the applicant has neither a residence nor his principal place of business in Germany.

§ 25 PA

5 Special features

As regards the legal device known as "derivation" ("Abzweigung") of an application for a utility model from an EP application, see OJ EPO 1987, 175.

 


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Version: NatLaw-july 2004
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