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Topic: European Patent Convention


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In the News (Thu 3 Dec 09)

  
 European Affairs [A Publication of the European Institute]
The European Patent, however, is neither a national patent nor a unitary patent for the territories of the EPC contracting states.
The European Patent Organization, however, took its own initiative.1 At the invitation of the French government, an intergovernmental conference of the EPC contracting states was held in Paris in June 1999.
The European Patent Court is designed to apply generally accepted maxims of procedural law, such as public proceedings, the right to be heard, the principle of party decision and the principle of free evaluation of evidence.
europeanaffairs.org /archive/2003_winter/2003_winter_109.php4   (1836 words)

  
 CASRIP Excerpt of European Patent Convention
(3) Additionally, the content of European patent applications as filed, of which the dates of filing are prior to the date referred to in paragraph 2 and which were published under Article 93 on or after that date, shall be considered as comprised in the state of the art.
However, the European patent as granted or as amended in opposition proceedings shall determine retroactively the protection conferred by the European patent application, in so far as such protection is not thereby extended.
The European patent application must disclose the invention in a manner sufficiently clear and complete for it to be carried out by a person skilled in the art.
www.law.washington.edu /Casrip/CompIP/EUExcerpt.html   (1156 words)

  
 Recent Decisions from the European Patent Office
This date was prior to the filing date of the European patent being considered by the appeal board which therefore had to consider whether the Brazilian publication was relevant prior art or whether it was excused as an "evident abuse " of the applicant.
Presumably, in view of Article 88(2) of the European Patent Convention, which permits multiple priority dates in a single claim, this 'prior art' can be cited with respect to only a portion (or element) of a claim which is not entitled to a priority claim.
The Board held that the text of the Convention should be construed strictly so that when reference was made to a "variety" not being patentable, the prohibition did not apply if the claim was directed to a broader taxonomic grouping (that is to a species or higher classification).
www.ladas.com /Patents/epopatent.html   (2408 words)

  
 European Patent Convention - Wikipedia, the free encyclopedia
The Convention on the Grant of European Patents of 5 October 1973, commonly known as the European Patent Convention (EPC), is a multilateral treaty instituting the European Patent Organisation and providing an autonomous legal system according to which European patents are granted.
While the European Patent Convention does not totally overcome the need for translations (since a translation may be required after grant to validate a patent in a given EPC Contracting State), it does centralise the prosecution in one language and defers the cost of translations until the time of grant.
A European patent confers rights on its proprietor, in each Contracting State in respect of which it is granted, from the date of publication of the mention of its grant in the European Patent Bulletin.
en.wikipedia.org /wiki/European_Patent_Convention   (3283 words)

  
 Software patents under the European Patent Convention (in Patents > Software patents @ iusmentis.com) (via CobWeb/3.1 ...   (Site not responding. Last check: 2007-08-11)
European patents shall be granted for any inventions which are susceptible of industrial application, which are new and which involve an inventive step.
The scope of this list is reduced by article 52(3) which states that the provisions of paragraph 2 shall exclude patentability of the subject-matter or activities referred to therein only to the extent that an application or a patent relates to such subject-matter or activities as such.
A patent application must contain a description of the invention in such a way that the invention can be implemented and practiced by a person skilled in the art without undue effort.
www.iusmentis.com.cob-web.org:8888 /patents/software/epc   (1466 words)

  
 European Patent
The following patent applications with filing date prior to the date of filing or priority of the European patent application and which were published on or after that date are considered as prior art: national patent applications, European applications and PCT-applications validly designating any member state of the European Patent Convention (EPC).
Grant of a European patent requires that a translation of the claims into all three Official languages of the EPC (English, French, German) is on file.
After grant the European patent only remains in force in a designated state with a language other then the language of proceedings before the EPO, if it is nationalized in the respectively designated state; nationalization requires preparing and filing a translation of the full specification into the Official language of the respectively designated state.
www.2kpatent.de /en/faq_ptep.htm   (619 words)

  
 General information about patents   (Site not responding. Last check: 2007-08-11)
If the patent issued from an application filed prior to June 8, 1995, the term is the later of (1) 17 years from the date of issuance of the patent, or (2) 20 years from the first U.S. filing date for the patent.
Patent attorney and former patent examiner David Pressman covers use and licensing, successful marketing and infringement." The book is, in fact, good reading even for the inventor who plans to hire patent counsel; it helps the inventor to be a more knowledgeable customer.
The "priority date" of a patent application is the date which controls what prior art affects its patentability, whether a statutory bar applies, etc. For many patent applications the priority date is the date on which the patent application was filed with the patent office.
www.oppedahl.com /patents   (10560 words)

  
 European Patent - cheap alternative
European Patent is easier and cheaper alternative to obtaining national patents in the countries which are members of the European Patent Convention.
With one unique European patent application, drafted in one of the official languages (English, French or German) and filed in one filing office, the steps of the grant procedure can be unified.
The European patent may derive from an independent patent application or, as a regional patent, from an International patent application: this is the case of a Euro-PCT.
www.european-patent.org   (332 words)

  
 THE EURASIAN PATENT CONVENTION IN COMPARISON TO THE EUROPEAN PATENT CONVENTION
It became necessary to file 15 individual national patent applications with the respective patent offices for a region that used to be covered by a single Soviet patent.
In contrast to the EPC (see Art, 63 (2b)) the EAPC does not contain a provision concerning the extension of the term of a Eurasian patent for the case that its subject matter requires an administrative authorization procedure before it can be put on the market.
The date on which the mention of grant of the patent is published in the Bulletin of the EAPO shall be deemed the date of grant of the Eurasian Patent.
www.euromarkpat.com /nw-euras1.htm   (4268 words)

  
 Software-Related Patents: European Patent Convention
A European patent, when registered in a national state, has the effect of a national patent in each of the designated EPC contracting states and is subject to the same conditions as a national patent granted by that State.
The term of a European patent is 20 years from the date of filing (not the priority date).
Thus, U.S. patent attorneys should be aware that, at the present time, it may be possible to obtain patent protection for such types of inventions in the EPO as long as they have a "technical character".
www.jurisdiction.com /epc.htm   (2900 words)

  
 Intellectual Property (IP) Journal of the PTDLA Vol. 1 (1/2) December 2001:Translations of European Patent   (Site not responding. Last check: 2007-08-11)
Article 65, that state is entitled to declare a granted European Patent void in its territory unless the required translation is filed.
Patents Act 1977 at section 77(6)(a) requires that a granted European Patent in French or German be translated into English before it fully enters into force in the United Kingdom.
The period for supplying the translation shall end three months after the date on which the mention of the grant of the European patent or of the maintenance of the European patent as amended is published in the European Patent Bulletin, unless the State concerned prescribes a longer period.
www.ptdla.org /vol1n1/adams.html   (1965 words)

  
 Registered Patent Agent - Robert M. Hunter on Patents   (Site not responding. Last check: 2007-08-11)
In the U.S., all patent laws must be consistent with the U.S. Constitution, all patent office regulations must be consistent with patent laws, all patent office procedures must be consistent with patent office regulations, and so on.
Thus, in formulating patent rules, patent offices tend to err, when they err at all, on the side of "conservatism" - that is, on the side of denying patent protection to an applicant who might actually deserve such protection.
The European Patent Convention (EPC) is the agreement among European nation states that established the European patent system and governs the activities of the European Patent Office.
www.webpatent.com /content/resource.htm   (645 words)

  
 EPO Diplomatic Conference
However, the modifications to articles EPC 52.2 and to EPC 33.1 are quite independent and should not be pyggy-backed on the rest of the proposal as a bundled all-or-nothing decision.
Given that modifications of EPC 52.2 and EPC 33.1 are already in the package, that means that 14 countries would have to request the removal of these modifications in order to maintain the status quo, i.e.
European Patent convention (the topic of the conference) i.e.
pauillac.inria.fr /~lang/patents/diplo.html   (1484 words)

  
 TheExperiment | Articles => Europe Starts Debate on Patents   (Site not responding. Last check: 2007-08-11)
A new battle between European open-source advocates and the European Patent Office is being waged at the Diplomatic Conference to Revise the European Patent Convention in Munich, Germany.
Complicating the issue, some opponents of software patents charge that the voting process instituted by the European patent office is badly flawed and may result in a ruling for patents that would go against the wishes of the majority of European countries.
European patent law is currently defined by the Munich Convention (Article 52), which specifically forbids patents on computer software.
www.theexperiment.org /articles.php?news_id=948   (1162 words)

  
 Patent Protection :: International Legal Protection for Software
This doctrine generally holds that software is patentable if the application of the software has a “technical effect.” Thus, for example, software that controls the timing of an electronic engine is patentable under this doctrine, whereas software that detects and corrects contextual homophone errors (e.g., “there” to “their”) may not be patentable.
Although patent protection for software is available in an increasingly greater number of countries, the manner in which software is claimed in a patent is not necessarily consistent.
The European Patent Convention is the treaty that established the European Patent Organization (EPO).
www.softwareprotection.com /patent.htm   (1724 words)

  
 EUROPEAN PATENT
If the European Patent Application comes from a PCT application, the Request for Examination has to be ordered at this time.
However, the costs of multiple national applications are much higher than the cost of a European Patent application.
Patent Validation and filing the local language translations in the designated states.
www.patentarea.com /eu_patent_requirements.html   (392 words)

  
 European Patent cost savings
European Patent Convention (EPC) member countries (January, 2003) are: Austria, Belgium, Bulgaria, Czech Republic, Cyprus, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Luxembourg, Monaco, Netherlands, Portugal, Slovakia, Slovenia, Spain, Slovakia, Sweden, Switzerland (incl.
In addition anyone who has their principle place of business, or is resident in any one of the contracting states may act on their own behalf before the European Patent Office.
Once a patent is granted, European patent renewal fees are no longer payable, but renewal fees are payable to the national authorities in each of the designated states.
www.european-patent.org /faq.htm   (351 words)

  
 AMMANN PATENT ATTORNEYS: Informations
Already in 1999, the European Patent Office, the Swedish patent office and the Spanish patent office concluded an agreement concerning a partnership regarding their role as ISA's.
Recently, an official notification has been made to WIPO that the Swedish and the Spanish patent office will not only act as an ISA where specifically designated, but also if the EPO is designated in a PCT application in regard of which the Spanish or the Swedish patent office are authorised to act as ISA.
In the latter case, the EPO schedules the search task to the respective patent office, and the search is done under the responsibility of the EPO.
ourworld.compuserve.com /homepages/ammann_patent/infoEP.htm   (1593 words)

  
 European Patent Convention (EPC)
The EPC allows patent rights potentially to be obtained in any one or more of the Contracting States by making a single European patent application.
A European patent application may be filed at a National Patent Office covered by the EPC or with the European Patent Office (EPO) situated in Hague and Munich.
Renewal fees for the patent application are paid to the EPO, but once a European patent is granted it is necessary to pay renewal fees to each designated country.
www.cpajersey.com /cpajersey/ippat2pg4s1.htm   (135 words)

  
 European Patent Organisation   (Site not responding. Last check: 2007-08-11)
Convention on the Grant of European Patents (European Patent Convention)
(3) The provisions of paragraph 2 shall exclude patent- ability of the subject-matter or activities referred to in that provision only to the extent to which a European patent application or European patent relates to such subject-matter or activities as such.
European patents shall not be granted in respect of: (a) inventions the publication or exploitation of which would be contrary to "ordre public" or morality, pro- vided that the exploitation shall not be deemed to be so contrary merely because it is prohibited by law or regulation in some or all of the Contracting States;
www.cptech.org /ip/health/cl/epo1.html   (222 words)

  
 Interpretation of the European Patent Convention   (Site not responding. Last check: 2007-08-11)
The rules of the Convention on the Grant of European Patents signed in Munich on 5 October 1973, and in particular Article 52 thereof concerning the limits to patentability, should be confirmed and clarified.
The European Patent Convention provides that the European Patent Office is supervised by the Administrative Council of the European Patent Organisation, and that the President of the European Patent Office is responsible for its activities to the Administrative Council.
The Administrative Council is composed of representatives of the Contracting States of the European Patent Convention, a clear majority of which is formed by Member States.
wiki.ffii.org /JuriEpc0505En   (269 words)

  
 EUROPEAN PATENT CONVENTION
and by decisions of the Administrative Council of the European Patent Organisation
5 December 1996, 10 December 1998 and 27 October 2005 and comprising the provisionally applicable provisions of the act revising the EPC of 29 November 2000
Disputes between the Organisation and the employees of the European Patent Office
www.european-patent-office.org /legal/epc/e/ma1.html   (397 words)

  
 Latvia Accedes to the European Patent Convention | SD PETOSEVIC   (Site not responding. Last check: 2007-08-11)
On April 5, 2005, the Government of the Republic of Latvia deposited its instrument of accession to the European Patent Convention (EPC) and to the Act revising the EPC of November 29, 2000.
European patent applications filed on or after July 1, 2005 will include the designation of Latvia.
For European and international applications filed on or after July 1, 2005, the validation route will take place after the grant of the European Patent.
www.petosevic.com /resources/news/2005/05/000034   (213 words)

  
 A EUROPEAN PATENT IS A BUNDLE OF NATIONAL PATENTS
A European Patent Application can be filed directly or based on a one year Paris Convention priority with the European Patent Office or with the Patent Office of a member country.
Then an examination of patentability follows, where the submitted claims have to be found new and unobvious.
After the opposition is taken care of, the European Patent issues in the member countries designated in the application.
www.european-patent.net   (172 words)

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