Saeima ir pieņēmusi un Valsts prezidents izsludina šādu likumu: Par 1973. gada 5. oktobra Konvenciju par Eiropas patentu piešķiršanu (Eiropas patentu Konvencija), 2000. gada 17. oktobra Vienošanos par

10 December 1998PREAMBLEThe Contracting States,DESIRING to strengthen co-operation between the States of Europe in respect of the protection of inventions,DESIRING that such protection may be obtained in those States by a single procedure for the grant of patents

by the establishment of certain standard rules governing patents so granted,DESIRING, for this purpose, to conclude a Convention which establishes a European Patent Organisation

which constitutes a special agreement within the meaning of Article 19 of the Convention for the Protection of Industrial Property, signed in Paris on 20 March 1883

last revised on 14 July 1967,

a regional patent treaty within the meaning of Article 45, paragraph 1, of the Patent Cooperation Treaty of 19 June 1970,HAVE AGREED on the following provisions:Part IGENERAL

INSTITUTIONAL PROVISIONSChapter IGeneral provisionsArticle 1European law for the grant of patentsA system of law, common to the Contracting States, for the grant of patents for invention is hereby established.Article 2European patent

be subject to the same conditions as a national patent granted by that State, unless otherwise provided in this Convention.Article 3Territorial effectThe grant of a European patent may be requested for one or more of the Contracting States.Article 4European Patent Organisation

financial autonomy.

immovable property

may be a party to legal proceedings.

liaison, in the Contracting States

with inter-governmental organisations in the field of industrial property, subject to the approval of the Contracting State or organisation concerned.Article 8Privileges

immunitiesThe Protocol on Privileges

Immunities annexed to this Convention shall define the conditions under which the Organisation, the members of the Administrative Council, the employees of the European Patent Office

such other persons specified in that Protocol as take part in the work of the Organisation, shall enjoy, in the territory of each Contracting State, the privileges

immunities necessary for the performance of their duties.Article 9Liability

2 shall be:(

1. a)for disputes under paragraph 1, the courts of competent jurisdiction in the Federal Republic of Germany, unless the contract concluded between the parties designates the courts of another State;(
2. b)for disputes under paragraph 2, either the courts of competent jurisdiction in the Federal Republic of Germany, or the courts of competent jurisdiction in the State in which the branch or sub-office is located.Chapter IIIThe European Patent OfficeArticle 10Direction

powers:(a) he shall take all necessary steps, including the adoption of internal administrative instructions

the publication of guidance for the public, to ensure the functioning of the European Patent Office;(b) in so far as this Convention contains no provisions in this respect, he shall prescribe which transactions are to be carried out at the European Patent Office at Munich

its branch at The Hague respectively;(c) he may place before the Administrative Council any proposal for amending this Convention

any proposal for general regulations or decisions which come within the competence of the Administrative Council;(d) he shall prepare

implement the budget

any amending or supplementary budget;(

1. e)he shall submit a management report to the Administrative Council each year;(
2. f)he shall exercise supervisory authority over the personnel;(
3. g)subject to the provisions of Article 11, he shall appoint

promote the employees;(h) he shall exercise disciplinary authority over the employees other than those referred to in Article 11,

may propose disciplinary action to the Administrative Council with regard to employees referred to in Article 11, paragraphs 2

3;(i) he may delegate his functions

powers.

of the Enlarged Board of Appeal shall be appointed by decision of the Administrative Council, taken on a proposal from the President of the European Patent Office. They may be re-appointed by decision of the Administrative Council after the President of the European Patent Office has been consulted.

the employees of the European Patent Office

former employees of the European Patent Office or their successors in title may apply to the Administrative Tribunal of the International Labour Organisation in the case of disputes with the European Patent Organisation in accordance with the Statute of the Tribunal

within the limits

subject to the conditions laid down in the Service Regulations for permanent employees or the Pension Scheme Regulations or arising from the conditions of employment of other employees.

German. European patent applications must be filed in one of these languages.

nationals of that State who are resident abroad, may file European patent applications in an official language of that State. Nevertheless, a translation in one of the official languages of the European Patent Office must be filed within the time limit prescribed in the Implementing Regulations; throughout the proceedings before the European Patent Office, such translation may be brought into conformity with the original text of the application.

the examination as to formal requirements of each European patent application up to the time when a request for examination has been made or the applicant has indicated under Article 96, paragraph 1, that he desires to proceed further with his application. It shall also be responsible for the publication of the European patent application

of the European search report.Article 17Search DivisionsThe Search Divisions shall be in the branch at The Hague. They shall be responsible for drawing up European search reports.Article 18Examining Divisions

in respect of registration on,

deletion from, the list of professional representatives.

of the Legal Division.

one legally qualified member, when the decision concerns the refusal of a European patent application or the grant of a European patent

was taken by an Examining Division consisting of less than four members;(b) three technically qualified members

two legally qualified members, when the decision was taken by an Examining Division consisting of four members or when the Board of Appeal considers that the nature of the appeal so requires;(c) three legally qualified members in all other cases.

one legally qualified member, when the decision was taken by an Opposition Division consisting of three members;(b) three technically qualified members

two legally qualified members, when the decision was taken by an Opposition Division consisting of four members or when the Board of Appeal considers that the nature of the appeal so requires.Article 22Enlarged Board of Appeal

two technically qualified members. One of the legally qualified members shall be the Chairman.Article 23Independence of the members of the Boards

of the Boards of Appeal shall be appointed for a term of five years

may not be removed from office during this term, except if there are serious grounds for such removal

if the Administrative Council, on a proposal from the Enlarged Board of Appeal, takes a decision to this effect.

shall comply only with the provisions of this Convention.

the Enlarged Board of Appeal shall be adopted in accordance with the provisions of the Implementing Regulations. They shall be subject to the approval of the Administrative Council.Article 24Exclusion

objection

the Enlarged Board of Appeal shall decide as to the action to be taken in the cases specified in paragraphs 2

3 without the participation of the member concerned. For the purposes of taking this decision the member objected to shall be replaced by his alternate.Article 25Technical opinionAt the request of the competent national court trying an infringement or revocation action, the European Patent Office shall be obliged, against payment of an appropriate fee, to give a technical opinion concerning the European patent which is the subject of the action. The Examining Division shall be responsible for the issue of such opinions.Chapter IVThe Administrative CouncilArticle 26Membership

the alternate Representatives of the Contracting States. Each Contracting State shall be entitled to appoint one Representative

one alternate Representative to the Administrative Council.

a Deputy Chairman from among the Representatives

alternate Representatives of the Contracting States. The Deputy Chairman shall ex officio replace the Chairman in the event of his being prevented from attending to his duties.

the Deputy Chairman shall be three years. The terms of office shall be renewable.Article 28Board

the Deputy Chairman of the Administrative Council shall be members of the Board ex officio; the other three members shall be elected by the Administrative Council.

shall be held in accordance with its Rules of Procedure.

the World Intellectual Property Organization.

international non governmental organisations exercising an activity of interest to the Organisation may be invited by the Administrative Council to arrange to be represented at its meetings during any discussion of matters of mutual interest.Article 31Languages of the Administrative Council

German.

the minutes of its deliberations, shall be drawn up in the three languages mentioned in paragraph 1.Article 32Staff, premises

equipmentThe European Patent Office shall place at the disposal of the Administrative Council

any body established by it such staff, premises

equipment as may be necessary for the performance of their duties.Article 33Competence of the Administrative Council in certain cases

the conditions of employment of other employees of the European Patent Office, the salary scales of the said permanent

other employees,

also the nature,

rules for the grant, of any supplementary benefits;(c) the Pension Scheme Regulations

any appropriate increases in existing pensions to correspond to increases in salaries;(d) the Rules relating to Fees;(e) its Rules of Procedure.

, with its approval, to conclude agreements on behalf of the European Patent Organisation with States, with intergovernmental organisations

with documentation centres set up by virtue of agreements with such organisations.Article 34Voting rights

voting.

voting shall be required for the decisions which the Administrative Council is empowered to take under Article 7, Article 11, paragraph 1, Article 33, Article 39, paragraph 1, Article 40, paragraphs 2

4, Article 46, Article 87, Article 95, Article 134, Article 151, paragraph 3, Article 154, paragraph 2, Article 155, paragraph 2, Article 156, Article 157, paragraphs 2 to 4, Article 160, paragraph 1, second sentence, Article 162, Article 163, Article 166, Article 167

Article 172.

, if the financial contribution to be made by the Contracting States would thereby be increased, the adoption of the budget of the Organisation

of any amending or supplementary budget, any Contracting State may require, following a first ballot in which each Contracting State shall have one vote,

whatever the result of this ballot, that a second ballot be taken immediately, in which votes shall be given to the States in accordance with paragraph 2. The decision shall be determined by the result of this second ballot.

4, shall be multiplied by the number of Contracting States

divided by five;(

1. b)the number of votes thus given shall be rounded upwards to the next higher whole number;(
2. c)five additional votes shall be added to this number;(
3. d)nevertheless no Contracting State shall have more than 30 votes.Chapter VFinancial provisionsArticle 37Cover for expenditureThe expenditure of the Organisation shall be covered:(
4. a)by the Organisation's own resources;(
5. b)by payments made by the Contracting States in respect of renewal fees for European patents levied in these States;(
6. c)where necessary, by special financial contributions made by the Contracting States;(
7. d)where appropriate, by the revenue provided for in Article 146.Article 38The Organisation's own resourcesThe Organisation's own resources shall be the yield from the fees laid down in this Convention,

also all receipts, whatever their nature.Article 39Payments by the Contracting States in respect of renewal fees for European patents

shall be the same for all Contracting States. However, if the said proportion corresponds to an amount which is less than a uniform minimum amount fixed by the Administrative Council, the Contracting State shall pay that minimum to the Organisation.

payments — Special financial contributions

the proportion referred to under Article 39 shall be fixed at such a level as to ensure that the revenue in respect thereof is sufficient for the budget of the Organisation to be balanced.

calculated in the following manner:(

1. a)one half in proportion to the number of patent applications filed in that Contracting State;(
2. b)one half in proportion to the second highest number of patent applications filed in the other Contracting States by natural or legal persons having their residence or principal place of business in that Contracting State.However, the amounts to be contributed by States in which the number of patent applications filed exceeds 25 000 shall then be taken as a whole

a new scale drawn up determined in proportion to the total number of patent applications filed in these States.

4, shall apply mutatis mutandis to the special financial contributions.

4 above.

contributions, within the limit of the amount fixed by the Administrative Council. Such advances shall be apportioned in proportion to the amounts due by the Contracting States for the accounting period in question.

4, shall apply mutatis mutandis to the advances.Article 42Budget

expenditure of the Organisation shall form the subject of estimates in respect of each accounting period

shall be shown in the budget. If necessary, there may be amending or supplementary budgets.

expenditure.

purpose of the expenditure

subdivided, as far as necessary, in accordance with the Financial Regulations.Article 44Appropriations for unforeseeable expenditure

end on 31 December.Article 46Preparation

adoption of the budget

any amending or supplementary budget shall be adopted by the Administrative Council.Article 47Provisional budget

in accordance with the scale referred to in Article 40, paragraphs 3

4, any special financial contributions necessary to ensure implementation of paragraphs 1

2 above. Article 39, paragraph 4, shall apply mutatis mutandis to these contributions.Article 48Budget implementation

any amending or supplementary budget on his own responsibility

within the limits of the allocated appropriations.

conditions laid down in the Financial Regulations, transfer funds as between the various headings or sub-headings.Article 49Auditing of accounts

expenditure account

a balance sheet of the Organisation shall be examined by auditors whose independence is beyond doubt, appointed by the Administrative Council for a period of five years, which shall be renewable or extensible.

shall take place, if necessary, in situ, shall ascertain that all income has been received

all expenditure effected in a lawful

proper manner

that the financial management is sound. The auditors shall draw up a report after the end of each accounting period.

the balance sheet showing the assets

liabilities of the Organisation together with the report of the auditors.

shall give the President of the European Patent Office a discharge in respect of the implementation of the budget.Article 50Financial RegulationsThe Financial Regulations shall in particular establish:(a) the procedure relating to the establishment

implementation of the budget

for the rendering

auditing of accounts;(b) the method

procedure whereby the payments

contributions provided for in Article 37

the advances provided for in Article 41 are to be made available to the Organisation by the Contracting States;(c) the rules concerning the responsibilities of accounting

paying officers

the arrangements for their supervision;(d) the rates of interest provided for in Articles 39, 40

47;(

1. e)the method of calculating the contributions payable by virtue of Article 146;(
2. f)the composition of

duties to be assigned to a Budget

Finance Committee which should be set up by the Administrative Council.Article 51Rules relating to FeesThe Rules relating to Fees shall determine in particular the amounts of the fees

the ways in which they are to be paid.Part IISUBSTANTIVE PATENT LAWChapter IPatentabilityArticle 52Patentable inventions

which involve an inventive step.

mathematical methods;(

1. b)aesthetic creations;(
2. c)schemes, rules

methods for performing mental acts, playing games or doing business,

programs for computers;(d) presentations of information.

diagnostic methods practised on the human or animal body shall not be regarded as inventions which are susceptible of industrial application within the meaning of paragraph 1. This provision shall not apply to products, in particular substances or compositions, for use in any of these methods.Article 53Exceptions to patentabilityEuropean patents shall not be granted in respect of:(

1. a)inventions the publication or exploitation of which would be contrary to "ordre public" or morality, provided 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;(
2. b)plant or animal varieties or essentially biological processes for the production of plants or animals; this provision does not apply to microbiological processes or the products thereof.Article 54Novelty

which were published under Article 93 on or after that date, shall be considered as comprised in the state of the art.

if it was due to, or in consequence of:(

1. a)an evident abuse in relation to the applicant or his legal predecessor, or(
2. b)the fact that the applicant or his legal predecessor has displayed the invention at an official, or officially recognised, international exhibition falling within the terms of the Convention on international exhibitions signed at Paris on 22 November 1928

last revised on 30 November 1972.

files a supporting certificate within the period

under the conditions laid down in the Implementing Regulations.Article 56Inventive stepAn invention shall be considered as involving an inventive step if, having regard to the state of the art, it is not obvious to a person skilled in the art. If the state of the art also includes documents within the meaning of Article 54, paragraph 3, these documents are not to be considered in deciding whether there has been an inventive step.Article 57Industrial applicationAn invention shall be considered as susceptible of industrial application if it can be made or used in any kind of industry, including agriculture.Chapter IIPersons entitled to apply for

obtain European patents — Mention of the inventorArticle 58Entitlement to file a European patent applicationA European patent application may be filed by any natural or legal person, or any body equivalent to a legal person by virtue of the law governing it.Article 59Multiple applicantsA European patent application may also be filed either by joint applicants or by two or more applicants designating different Contracting States.Article 60Right to a European patent

shall only have effect in respect of the Contracting States designated in that application as published.

the time limit for paying the filing, search

designation fees on it are laid down in the Implementing Regulations.Article 62Right of the inventor to be mentionedThe inventor shall have the right, vis-à-vis the applicant for or proprietor of a European patent, to be mentioned as such before the European Patent Office.Chapter IIIEffects of the European patent

the European patent applicationArticle 63Term of the European patent

2, the European patent shall be deemed to be void ab initio in that State.Article 66Equivalence of European filing with national filingA European patent application which has been accorded a date of filing shall, in the designated Contracting States, be equivalent to a regular national filing, where appropriate with the priority claimed for the European patent application.Article 67Rights conferred by a European patent application after publication

2 above shall not be effective until such time as a translation of the claims in one of its official languages at the option of the applicant or, where that State has prescribed the use of one specific official language, in that language:(

1. a)has been made available to the public in the manner prescribed by national law, or(
2. b)has been communicated to the person using the invention in the said State.

2 above when it has been withdrawn, deemed to be withdrawn or finally refused. The same shall apply in respect of the effects of the European patent application in a Contracting State the designation of which is withdrawn or deemed to be withdrawn.Article 68Effect of revocation of the European patentThe European patent application

the resulting patent shall be deemed not to have had, as from the outset, the effects specified in Articles 64

67, to the extent that the patent has been revoked in opposition proceedings.Article 69Extent of protection

drawings shall be used to interpret the claims.

in any Contracting State.

Article 67

, paragraph 3, have been complied with mutatis mutandis;(b) may prescribe that any person who, in that State, in good faith is using or has made effective

serious preparations for using an invention the use of which would not constitute infringement of the application or patent in the original translation may, after the corrected translation takes effect, continue such use in the course of his business or for the needs thereof without payment.Chapter IVThe European patent application as an object of propertyArticle 71Transfer

constitution of rightsA European patent application may be transferred or give rise to rights for one or more of the designated Contracting States.Article 72AssignmentAn assignment of a European patent application shall be made in writing

shall require the signature of the parties to the contract.Article 73Contractual licensingA European patent application may be licensed in whole or in part for the whole or part of the territories of the designated Contracting States.Article 74Law applicableUnless otherwise specified in this Convention, the European patent application as an object of property shall, in each designated Contracting State

with effect for such State, be subject to the law applicable in that State to national patent applicationsPart IIIAPPLICATION FOR EUROPEAN PATENTSChapter IFiling

requirements of the European patent application Article 75Filing of the European patent application

shall have the benefit of any right to priority.

the time limit for paying the filing, search

designation fees are laid down in the Implementing Regulations.Article 77Forwarding of European patent applications

designation fees shall be refunded.Article 78Requirements of the European patent application

the search fee within one month after the filing of the application.

one or more claims in one of the languages referred to in Article 14, paragraphs 1

2, even though the description

the claims do not comply with the other requirements of this Convention.Article 81Designation of the inventorThe European patent application shall designate the inventor. If the applicant is not the inventor or is not the sole inventor, the designation shall contain a statement indicating the origin of the right to the European patent.Article 82Unity of inventionThe European patent application shall relate to one invention only or to a group of inventions so linked as to form a single general inventive concept.Article 83Disclosure of the inventionThe European patent application must disclose the invention in a manner sufficiently clear

complete for it to be carried out by a person skilled in the art.Article 84The claimsThe claims shall define the matter for which protection is sought. They shall be clear

concise

be supported by the description.Article 85The abstractThe abstract shall merely serve for use as technical information; it may not be taken into account for any other purpose, in particular not for the purpose of interpreting the scope of the protection sought nor for the purpose of applying Article 54, paragraph 3.Article 86Renewal fees for European patent applications

each subsequent year, calculated from the date of filing of the application.

any additional fee have not been paid in due time the European patent application shall be deemed to be withdrawn. The European Patent Office alone shall be competent to decide this.

filed in or in respect of the same State shall be considered as the first application for the purposes of determining priority, provided that, at the date of filing the subsequent application, the previous application has been withdrawn, abandoned or refused, without being open to public inspection

without leaving any rights outstanding,

has not served as a basis for claiming a right of priority. The previous application may not thereafter serve as a basis for claiming a right of priority.

by virtue of bilateral or multilateral agreements, grants on the basis of a first filing made at the European Patent Office as well as on the basis of a first filing made in or for any Contracting State

subject to conditions equivalent to those laid down in the Paris Convention, a right of priority having equivalent effect.Article 88Claiming priority

, if the language of the latter is not one of the official languages of the European Patent Office, a translation of it in one of such official languages. The procedure to be followed in carrying out these provisions is laid down in the Implementing Regulations.

3,

Article 60, paragraph 2.Part IVPROCEDURE UP TO GRANTArticle 90Examination on filing

the search fee have been paid in due time;(c) in the case provided for in Article 14, paragraph 2, the translation of the European patent application in the language of the proceedings has been filed in due time.

the search fee have not been paid in due time or, in the case provided for in Article 14, paragraph 2, the translation of the application in the language of the proceedings has not been filed in due time, the application shall be deemed to be withdrawn.Article 91Examination as to formal requirements

is not deemed to be withdrawn by virtue of Article 90, paragraph 3, the Receiving Section shall examine whether:(

1. a)the requirements of Article 133, paragraph 2, have been satisfied;(
2. b)the application meets the physical requirements laid down in the Implementing Regulations for the implementation of this provision;(
3. c)the abstract has been filed;(
4. d)the request for the grant of a European patent satisfies the mandatory provisions of the Implementing Regulations concerning its content

, where appropriate, whether the requirements of this Convention concerning the claim to priority have been satisfied;(

1. e)the designation fees have been paid;(
2. f)the designation of the inventor has been made in accordance with Article 81;(
3. g)the drawings referred to in Article 78, paragraph 1(d), were filed on the date of filing of the application.

subject to the exceptions laid down therein, corrected within 16 months after the date of filing of the European patent application or, if priority is claimed, after the date of priority, the application shall be deemed to be withdrawn.

no steps have been taken to correct the deficiency in accordance with the Implementing Regulations, either the application shall be re-dated to the date of filing of the drawings or any reference to the drawings in the application shall be deemed to be deleted, according to the choice exercised by the applicant in accordance with the Implementing Regulations.Article 92The drawing up of the European search report

is not deemed to be withdrawn by virtue of Article 90, paragraph 3, the Search Division shall draw up the European search report on the basis of the claims, with due regard to the description

any drawings, in the form prescribed in the Implementing Regulations.

any drawings as filed

, in an annex, the European search report

the abstract, in so far as the latter are available before the termination of the technical preparations for publication. If the European search report

the abstract have not been published at the same time as the application, they shall be published separately.Article 94Request for examination

the invention to which it relates meet the requirements of this Convention.

as often as necessary, to file his observations within a period to be fixed by the Examining Division.

the invention to which it relates meet the requirements of this Convention, it shall decide to grant the European patent for the designated Contracting States provided that:(

1. a)it is established, in accordance with the provisions of the Implementing Regulations, that the applicant approves the text in which the Examining Division intends to grant the patent;(
2. b)the fees for grant

printing are paid within the time limit prescribed in the Implementing Regulations;(c) the renewal fees

any additional fees already due have been paid.

printing are not paid in due time, the application shall be deemed to be withdrawn.

5 are met.Article 98Publication of a specification of the European patentAt the same time as it publishes the mention of the grant of the European patent, the European Patent Office shall publish a specification of the European patent containing the description, the claims

any drawings.Part VOPPOSITION PROCEDUREArticle 99Opposition

the person making the request shall not be deemed to be joint proprietors unless both so request.Article 100Grounds for oppositionOpposition may only be filed on the grounds that:(

1. a)the subject-matter of the European patent is not patentable within the terms of Articles 52 to 57;(
2. b)the European patent does not disclose the invention in a manner sufficiently clear

complete for it to be carried out by a person skilled in the art;(c) the subject-matter of the European patent extends beyond the content of the application as filed, or, if the patent was granted on a divisional application or on a new application filed in accordance with Article 61, beyond the content of the earlier application as filed.Article 101Examination of the opposition

the invention to which it relates meet the requirements of this Convention, it shall decide to maintain the patent as amended, provided that:(

1. a)it is established, in accordance with the provisions of the Implementing Regulations, that the proprietor of the patent approves the text in which the Opposition Division intends to maintain the patent;(
2. b)the fee for the printing of a new specification of the European patent is paid within the time limit prescribed in the Implementing Regulations.

any drawings, in the amended form.Article 104Costs

that he has instituted proceedings for a court ruling that he is not infringing the patent.

the Legal Division. It shall have suspensive effect.

to be parties to appeal proceedingsAny party to proceedings adversely affected by a decision may appeal. Any other parties to the proceedings shall be parties to the appeal proceedings as of right.Article 108Time limit

form of appealNotice of appeal must be filed in writing at the European Patent Office within two months after the date of notification of the decision appealed from. The notice shall not be deemed to have been filed until after the fee for appeal has been paid. Within four months after the date of notification of the decision, a written statement setting out the grounds of appeal must be filed.Article 109Interlocutory revision

well founded, it shall rectify its decision. This shall not apply where the appellant is opposed by another party to the proceedings.

without comment as to its merit.Article 110Examination of appeals

either of its own motion or following a request from a party to the appeal, refer any question to the Enlarged Board of Appeal if it considers that a decision is required for the above purposes. If the Board of Appeal rejects the request, it shall give the reasons in its final decision;(b) the President of the European Patent Office may refer a point of law to the Enlarged Board of Appeal where two Boards of Appeal have given different decisions on that question.

decide upon the European patent application or the European patent only in the text submitted to it, or agreed, by the applicant for or proprietor of the patent.Article 114Examination by the European Patent Office of its own motion

arguments provided by the parties

the relief sought.

must include a statement of the grounds on which they are based. That person shall not be a party to the proceedings before the European Patent Office.

the subject of the proceedings are the same.

the Legal Division shall not be public.

the Enlarged Board of Appeal, after publication of the European patent application,

also before the Opposition Divisions, in so far as the department before which the proceedings are taking place does not decide otherwise in cases where admission of the public could have serious

unjustified disadvantages, in particular for a party to the proceedings.Article 117Taking of evidence

to permit a member of the department concerned to attend the hearing

question the party, witness or expert either through the intermediary of the court or directly.Article 118Unity of the European patent application or European patentWhere the applicants for or proprietors of a European patent are not the same in respect of different designated Contracting States, they shall be regarded as joint applicants or proprietors for the purposes of proceedings before the European Patent Office. The unity of the application or patent in these proceedings shall not be affected; in particular the text of the application or patent shall be uniform for all designated Contracting States unless otherwise provided for in this Convention.Article 119NotificationThe European Patent Office shall, as a matter of course, notify those concerned of decisions

summonses,

of any notice or other communication from which a time limit is reckoned, or of which those concerned must be notified under other provisions of this Convention, or of which notification has been ordered by the President of the European Patent Office. Notifications may, where exceptional circumstances so require, be given through the intermediary of the central industrial property offices of the Contracting States.Article 120Time limitsThe Implementing Regulations shall specify:(a) the manner of computation of time limits

the conditions under which such time limits may be extended, either because the European Patent Office or the authorities referred to in Article 75, paragraph 1(b), are not open to receive documents or because mail is not delivered in the localities in which the European Patent Office or such authorities are situated or because postal services are generally interrupted or subsequently dislocated;(b) the minima

maxima for time limits to be determined by the European Patent Office.Article 121Further processing of the European patent application

must set out the facts on which it relies. It shall not be deemed to be filed until after the fee for re-establishment of rights has been paid.

Article 94, paragraph 2.

serious preparations for using an invention which is the subject of a published European patent application or a European patent in the course of the period between the loss of rights referred to in paragraph 1

publication of the mention of re-establishment of those rights, may without payment continue such use in the course of his business or for the needs thereof.

to be observed vis-à-vis the authorities of such State.Article 123Amendments

drawings of his own volition.

to give the reference numbers of the said applications.

2 shall be interrupted in the case covered by paragraph 1 by a request for payment of the fee

in the case covered by paragraph 2 by a reasoned claim in writing. On interruption it shall begin again immediately

shall end at the latest six years after the end of the year in which it originally began, unless, in the meantime, judicial proceedings to enforce the right have begun; in this case the period shall end at the earliest one year after the judgment enters into force.Chapter IIInformation to the public or official authoritiesArticle 127Register of European PatentsThe European Patent Office shall keep a register, to be known as the Register of European Patents, which shall contain those particulars the registration of which is provided for by this Convention. No entry shall be made in the Register prior to the publication of the European patent application. The Register shall be open to public inspection.Article 128Inspection of files

without the consent of the applicant.

without the consent of the relevant applicant.

the resulting European patent may be inspected on request, subject to the restrictions laid down in the Implementing Regulations.

, where the priority of a previous application is claimed, the date, State

file number of the previous application;(

1. c)the name of the applicant;(
2. d)the title of the invention;(
3. e)the Contracting States designated.Article 129Periodical publicationsThe European Patent Office shall periodically publish:(
4. a)a European Patent Bulletin containing entries made in the Register of European Patents, as well as other particulars the publication of which is prescribed by this Convention;(
5. b)an Official Journal of the European Patent Office, containing notices

information of a general character issued by the President of the European Patent Office, as well as any other information relevant to this Convention or its implementation.Article 130Exchanges of information

, subject to the application of the legislative or regulatory provisions referred to in Article 75, paragraph 2, the central industrial property office of any Contracting State shall, on request, communicate to each other any useful information regarding the filing of European or national patent applications

regarding any proceedings concerning such applications

the resulting patents.

:(

1. a)the central industrial property office of any State which is not a party to this Convention;(
2. b)any intergovernmental organisation entrusted with the task of granting patents;(
3. c)any other organisation.

2(a)

(

1. b)shall not be subject to the restrictions laid down in Article 128. The Administrative Council may decide that communications under paragraph 2(
2. c)shall not be subject to such restrictions, provided that the organisation concerned shall treat the information communicated as confidential until the European patent application has been published.Article 131Administrative

legal co-operation

the courts or authorities of Contracting States shall on request give assistance to each other by communicating information or opening files for inspection. Where the European Patent Office lays files open to inspection by courts, Public Prosecutors' Offices or central industrial property offices, the inspection shall not be subject to the restrictions laid down in Article 128.

within the limits of their jurisdiction, any necessary enquiries or other legal measures.Article 132Exchange of publications

the central industrial property offices of the Contracting States shall despatch to each other on request

for their own use one or more copies of their respective publications free of charge.

act through him in all proceedings established by this Convention, other than in filing the European patent application; the Implementing Regulations may permit other exceptions.

under what conditions an employee of such a legal person may also represent other legal persons which have their principal place of business within the territory of one of the Contracting States

which have economic connections with the first legal person.

law

order. Before such action is taken, the President of the European Patent Office shall be consulted.

having his place of business within such State, to the extent that he is entitled, within the said State, to act as a professional representative in patent matters. Paragraph 5 shall apply mutatis mutandis.

training required of a person for admission to the European qualifying examination

the conduct of such examination;(

1. b)the establishment or recognition of an institute constituted by the persons entitled to act as professional representatives by virtue of either the European qualifying examination or the provisions of Article 163, paragraph 7;(
2. c)any disciplinary power to be exercised by that institute or the European Patent Office on such persons.Part VIIIIMPACT ON NATIONAL LAWChapter IConversion into a national patent applicationArticle 135Request for the application of national procedure

in the following circumstances:(

1. a)when the European patent application is deemed to be withdrawn pursuant to Article 77, paragraph 5, or Article 162, paragraph 4;(
2. b)in such other cases as are provided for by the national law in which the European patent application is refused or withdrawn or deemed to be withdrawn, or the European patent is revoked under this Convention.

transmission of the request

shall specify the Contracting States in which application of the procedure for the grant of a national patent is desired. The request shall not be deemed to be filed until the conversion fee has been paid. The European Patent Office shall transmit the request to the central industrial property offices of the Contracting States specified therein, accompanied by a copy of the files relating to the European patent application or the European patent.

, where appropriate, of the text, as amended during proceedings before the European Patent Office, which the applicant wishes to submit to the national procedure.Chapter IIRevocation

prior rightsArticle 138Grounds for revocation

complete for it to be carried out by a person skilled in the art;(

1. c)if the subject-matter of the European patent extends beyond the content of the application as filed or, if the patent was granted on a divisional application or on a new application filed in accordance with Article 61, beyond the content of the earlier application as filed;(
2. d)if the protection conferred by the European patent has been extended;(
3. e)if the proprietor of the European patent is not entitled under Article 60, paragraph 1.

a European patent shall have with regard to a national patent application

a national patent the same prior right effect as a national patent application

a national patent.

a national patent in a Contracting State shall have with regard to a European patent in which that Contracting State is designated the same prior right effect as they have with regard to a national patent.

on what terms an invention disclosed in both a European patent application or patent

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.Chapter IIIMiscellaneous effectsArticle 140National utility models

utility certificatesArticle 66, Article 124, Articles 135 to 137

Article 139

shall apply to utility models

utility certificates

to applications for utility models

utility certificates registered or deposited in the Contracting States whose laws make provision for such models or certificates.Article 141Renewal fees for European patents

3, shall apply mutatis mutandis.Article 144Representation before special departmentsThe group of Contracting States may lay down special provisions to govern representation of parties before the departments referred to in Article 143, paragraph 2.Article 145Select committee of the Administrative Council

equipment as may be necessary for the performance of its duties. The President of the European Patent Office shall be responsible for the activities of the special departments to the select committee of the Administrative Council.

functions of the select committee shall be determined by the group of Contracting States.Article 146Cover for expenditure for carrying out special tasksWhere additional tasks have been given to the European Patent Office under Article 143, the group of Contracting States shall bear the expenses incurred by the Organisation in carrying out these tasks. Where special departments have been set up in the European Patent Office to carry out these additional tasks, the group shall bear the expenditure on staff, premises

equipment chargeable in respect of these departments. Article 39, paragraphs 3

4, Article 41

Article 47shall apply mutatis mutandis.Article 147Payments in respect of renewal fees for unitary patents

If the group of Contracting States has fixed a common scale of renewal fees in respect of European patents the proportion referred to in Article 39, paragraph 1, shall be calculated on the basis of the common scale; the minimum amount referred to in Article 39, paragraph 1, shall apply to the unitary patent. Article 39, paragraphs 3

4, shall apply mutatis mutandis.Article 148The European patent application as an object of property

in accordance with the provisions of the special agreement.Article 149Joint designation

that the designation of one or some only of such States shall be deemed to constitute the designation of all the States of the group.

which has concluded an agreement with the Organisation whereby the European Patent Office acts as a receiving Office, in accordance with the provisions of the Cooperation Treaty, in place of the national office of that State.

the International Bureau of the World Intellectual Property Organization.Article 152Filing

transmittal of the international application