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Contracting States Austria Extension States
Albania |
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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