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X. Miscellaneous
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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 

 


Miscellaneous

The following table sets out information on

(a) the enactment of national provisions on the question of double protection under Article 139(3) EPC

(b) the territorial field of application of the EPC, pursuant to Article 168(1) EPC

(a) Simultaneous protection

Under Article 139(3) EPC, any contracting state may prescribe whether and on what terms an invention disclosed in both a European patent application or patent and a national application or patent having the same date of filing or, where priority is claimed, the same date of priority, may be protected simultaneously by both applications or patents.

The individual provisions enacted in connection with Article 139(3) EPC are indicated in column 1 of this table.

(b) Territorial field of application

Under Article 168(1) any contracting state may declare in its instrument of ratification or accession, or may inform the Government of the Federal Republic of Germany by written notification any time thereafter, that the Convention shall be applicable to one or more of the territories for the external relations of which it is responsible. European patents granted for that contracting state also have effect in the territories for which such a declaration has taken effect.

The current situation regarding territorial field of application in the individual contracting states is displayed in column 2 of the table.

(c) Reservations

Reservations pursuant to Article 167(2) EPC (column 1 in earlier editions) are no longer shown, the last of these having expired on 7 October 1992 (Article 167(3) EPC).

Austria

Austria’s reservation - covering chemical, pharmaceutical or food products as such - expired on 7 October 1987 (OJ EPO 1987, 426).

Greece and Spain

Greece’s reservation (for pharmaceutical products) and Spain’s (for chemical and pharmaceutical products) both expired on 7 October 1992 (OJ EPO 1992, 301).

Important note

Under Article 167(5) EPC, reservations for European patents granted on European patent applications filed during the reservation period continue to run for the entire patent term. So they only affect European applications and patents with a filing date prior to 8 October 1987 (for Austria) and prior to 8 October 1992 (for Greece and/or Spain; cf. OJ EPO 1992, 301).

(d) Authorities having jurisdiction under Article 1(2) Protocol on Recognition

The following contracting states have notified the EPO of authorities which have a jurisdiction conferred to decide claims under Article 1(2) Protocol on Recognition:

Austria: Austrian Patent Office (Austrian "Patentblatt" 1993,154);

Slovakia: Krajskv súd v Bratislave/Regional court in Bratislava, Krajskv súd v Banskej Bystrici/Regional court in Banská Bystrica, Krajskv súd v KoÓiciach/Regional court in KoÓice;

United Kingdom: The Comptroller General of Patents Designs and Trade Marks (Sections 12 and 82 Patents Act 1977).

 


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Version: NatLaw-july 2004
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