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Encyclopedia > European Patent Organisation
European patent law
European Patent Organisation
Patent law of the European Union
Centralization and harmonization
edit box

The European Patent Organisation (EPO or EPOrg in order to distinguish it from the European Patent Office, which is one of the two organs of the organisation [1]) is a public international organisation set up by the European Patent Convention (EPC). [2] The European Patent Organisation has its seat at Munich, Germany, [3] and has administrative and financial autonomy. [2] European patent law covers a wide range of legislations including national patent laws, the Strasbourg Convention of 1963, the European Patent Convention of 1973, and a number of European Union directives and regulations. ... 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. ... European Union patent law is a subset of European patent law. ... The European Union (EU) Directive 98/44/EC of the European Parliament and of the Council of 6 July 1998 on the legal protection of biotechnological inventions required two legislative procedures to be adopted. ... The Community Patent, also known as the European Community Patent or EC patent, is a patent law measure being debated within the European Union, which would allow individuals and companies to obtain a unitary patent throughout the European Union. ... The Brussels Regime is a set of rules regulating the allocation of jurisdiction in international legal disputes of a civil or commercial nature involving persons resident in a member state of the European Union (EU). ... The draft European Patent Litigation Agreement (EPLA), or formally the Draft Agreement on the establishment of a European patent litigation system, is a proposed patent law agreement aimed at creating an optional protocol to the European Patent Convention (EPC) which would commit its signatory states to an integrated judicial system... The London Agreement, or formally the Agreement dated 17 October 2000 on the application of Article 65 of the Convention on the Grant of European Patents, is a patent law agreement concluded in London on October 17, 2000 and aimed at reducing the cost of translation of European patents granted... Intellectual property organizations are international intergovernmental organizations that involve cooperation in the area of copyrights, trademarks and patents. ... 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. ... In strict legal language, the term seat defines the seat of a corporation or organisation as a legal entity, indicating where the headquarters of this entity are located. ... Munich (German: , pronounced  ; Austro-Bavarian: Minga [2]) is the capital of the German Federal State of Bavaria. ...


The European Patent Organisation has the task of granting European patents. [4] Despite what the name suggests, these are not European Community patents. The European Patent Convention, according to which the European Patent Organisation was established, provides a single patent grant procedure, but not yet a single patent on the point of view of enforcement. After grant, the European patent becomes equivalent to a number ("bundle") of national patents. The European Community (EC) was originally founded on March 25, 1957 by the signing of the Treaty of Rome under the name of European Economic Community. ...


The European Patent Organisation is not legally bound to the European Union.


The evolution of the Organisation is inherently linked to the European Patent Convention. See European Patent Convention for the history of the European Patent system as set up by the European Patent Convention and operated by the European Patent Office. 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. ...

Contents

Organs

The European Patent Organisation has two organs: [5] the European Patent Office, which can be viewed as its executive body, [4] and the Administrative Council, which can be considered as its legislative body to a limited extent, [6] the actual legislative body for important matters being the Contracting States, when they meet during an intergovernmental Diplomatic Conference. The European Patent Organisation (EPO or EPOrg in order to distinguish it from the European Patent Office, which is one of the two organs of the organisation [1]) is a public international organisation set up by the European Patent Convention (EPC). ...


European Patent Office

EPO logo.

The European Patent Office (EPO or EPOff in order to distinguish it from the European Patent Organisation) can be viewed as the executive body of the European Patent Organisation. [4] The European Patent Office is not a legal entity as such, [7] but an organ of the European Patent Organisation, [1] which has a legal personality. [8] Image File history File links This is a lossless scalable vector image. ... Image File history File links This is a lossless scalable vector image. ... A juristic person is a legal fiction through which the law allows a group of natural persons to act as if it were a single composite individual for certain purposes. ... A juristic person is a legal fiction through which the law allows a group of natural persons to act as if it were a single composite individual for certain purposes. ...


The EPO headquarters are located at Munich, Germany. The European Patent Office also includes a branch in Rijswijk (suburb of The Hague, Netherlands), sub-offices in Berlin, Germany, and Vienna, Austria and a "liaison bureau" in Brussels, Belgium. At the end of 2006, the European Patent Office had a staff of 6319 (with about 3400 based in Munich, 2500 in Rijswijk, 300 in Berlin and 120 in Vienna). Munich (German: , pronounced  ; Austro-Bavarian: Minga [2]) is the capital of the German Federal State of Bavaria. ... Jaagpad street in Rijswijk Rijswijk ( listen), also Ryswick in English (population: 47,693 in 2004) is a suburb of The Hague in the western Netherlands, in the province of South Holland. ... Coordinates: Country Netherlands Province South Holland Area (2006)  - Municipality 98. ... This article is about the capital of Germany. ... “Wien” redirects here. ... Nickname: Map showing the location of Brussels in Belgium Coordinates: Country Belgium Region Brussels-Capital Region Founded 979 Founded (Region) June 18, 1989 Government  - Mayor (Municipality) Freddy Thielemans Area  - Region 162 km²  (62. ...


President

EPO headquarters at Munich
EPO headquarters at Munich

The European Patent Office is directed by a president, who is responsible for its activities to the Administrative Council. [9] The president also represents the European Patent Organisation. [10] The president has therefore a dual role: representative of the European Patent Organisation and head of the European Patent Office. [11] Image File history File linksMetadata Size of this preview: 800 × 600 pixelsFull resolution (2592 × 1944 pixel, file size: 2. ... Image File history File linksMetadata Size of this preview: 800 × 600 pixelsFull resolution (2592 × 1944 pixel, file size: 2. ...


Here is the list of former and current presidents of the European Patent Office:

Johannes Bob van Benthem (1921 - September 11, 2006, The Hague, Netherlands [1]) was a Dutch lawyer. ... November 1 is the 305th day of the year (306th in leap years) in the Gregorian calendar, with 60 days remaining. ... Also: 1977 (album) by Ash. ... is the 120th day of the year (121st in leap years) in the Gregorian calendar. ... Year 1985 (MCMLXXXV) was a common year starting on Tuesday (link displays 1985 Gregorian calendar). ... Paul Brändli (fl. ... May 1 is the 121st day of the year in the Gregorian calendar (122nd in leap years). ... Year 1985 (MCMLXXXV) was a common year starting on Tuesday (link displays 1985 Gregorian calendar). ... December 31 is the 365th day of the year (366th in leap years) in the Gregorian calendar. ... Year 1995 (MCMXCV) was a common year starting on Sunday (link will display full 1995 Gregorian calendar). ... Ingo Kober was the third president of the European Patent Office. ... is the 1st day of the year in the Gregorian calendar. ... Year 1996 (MCMXCVI) was a leap year starting on Monday (link will display full 1996 Gregorian calendar). ... June 30 is the 181st day of the year (182nd in leap years) in the Gregorian calendar. ... shelby was here 2004 (MMIV) was a leap year starting on Thursday of the Gregorian calendar. ... Prof. ... is the 182nd day of the year (183rd in leap years) in the Gregorian calendar. ... shelby was here 2004 (MMIV) was a leap year starting on Thursday of the Gregorian calendar. ... June 30 is the 181st day of the year (182nd in leap years) in the Gregorian calendar. ... Year 2007 (MMVII) is the current year, a common year starting on Monday of the Gregorian calendar and the AD/CE era. ... Alison Brimelow (born in 1949) is a British civil servant and former Chief Executive and Comptroller General of the United Kingdom Patent Office. ... is the 182nd day of the year (183rd in leap years) in the Gregorian calendar. ... Year 2007 (MMVII) is the current year, a common year starting on Monday of the Gregorian calendar and the AD/CE era. ... June 30 is the 181st day of the year (182nd in leap years) in the Gregorian calendar. ... This article does not cite any references or sources. ...

Languages

The official languages of the European Patent Office are English, French and German. However, other languages than these three are not all considered on the same footing. Non-admissible languages, such as Japanese or Chinese, should be distinguished from the "admissible non-EPO languages", such as Spanish, Italian, Dutch and any language that is at least an official language in one Contracting State. European patent applications can be validly filed by some applicants in an admissible non-EPO language provided that a translation is filed thereafter, [12] while they cannot be validly filed in Chinese or Japanese whether a translation is filed thereafter or not. The English language is a West Germanic language that originates in England. ...


Departments and Directorates-General

EPO The Hague branch
EPO The Hague branch

The European Patent Office includes the following departments, pursuant to Art. 15 EPC: a Receiving Section, responsible for the examination on filing and the examination as to formal requirements of European patent applications, Examining Divisions, responsible for prior art searches and the examination of European patent applications, Opposition Divisions, responsible for the examination of oppositions against any European patent, a Legal Division, Boards of Appeal, responsible for the examination of appeals, and an Enlarged Board of Appeal (see also: Appeal procedure before the European Patent Office). In practice, the above departments of European Patent Office are organized into five "Directorates-General" (DG), each being directed by a Vice-President: DG 1 Operations, DG 2 Operational Support, DG 3 Appeals, DG 4 Administration, and DG 5 Legal/International Affairs. Image File history File links Size of this preview: 450 × 600 pixelsFull resolution (1200 × 1600 pixel, file size: 376 KB, MIME type: image/jpeg) File history Legend: (cur) = this is the current file, (del) = delete this old version, (rev) = revert to this old version. ... Image File history File links Size of this preview: 450 × 600 pixelsFull resolution (1200 × 1600 pixel, file size: 376 KB, MIME type: image/jpeg) File history Legend: (cur) = this is the current file, (del) = delete this old version, (rev) = revert to this old version. ... The opposition procedure before the European Patent Office (EPO) is a post-grant inter partes procedure intended to allow any European patent to be centrally opposed if it was wrongly granted. ... In law, an appeal is a process for making a formal challenge to an official decision. ... Decisions of the first instances of the European Patent Office (EPO) can be appealed, i. ...


The European Patent Office does not include any court which can take decisions on infringement matter. National jurisdictions are competent for infringement matter regarding European patents. A trial at the Old Bailey in London as drawn by Thomas Rowlandson and Augustus Pugin for Ackermanns Microcosm of London (1808-11). ... In law, jurisdiction (from the Latin ius, iuris meaning law and dicere meaning to speak) is the practical authority granted to a formally constituted legal body or to a political leader to deal with and make pronouncements on legal matters and, by implication, to administer justice within a defined area...


Activities under the Patent Cooperation Treaty

The European Patent Office acts as a Receiving Office, an International Searching Authority and an International Preliminary Examining Authority in the international procedure according to the Patent Cooperation Treaty (PCT). The Patent Cooperation Treaty provides an international procedure for dealing with patent applications, called international applications, during the first 30 months after their first filing in any country. The European Patent Office does not grant international patents - which do not exist. After 30 months an international application must be converted into national or regional patent applications, and then are subject to national/regional grant procedures. The Patent Cooperation Treaty (PCT) provides a unified procedure for filing patent applications to protect inventions internationally. ...


Other activities

The EPO cooperates with the United States Patent and Trademark Office (USPTO) and the Japan Patent Office (JPO) pursuant to trilateral agreements. PTO headquarters in Alexandria The United States Patent and Trademark Office (PTO or USPTO) is an agency in the United States Department of Commerce that provides patent and trademark protection to inventors and businesses for their inventions and corporate and product identification. ... Japan Patent Office (JPO) is a Japanese governmental agency that takes charge of industrial property right affairs, under the Ministry of Economy, Trade and Industry. ... The so-called Trilateral Offices, or Trilateral Patent Offices, are a group of patent offices consisting of the European Patent Office (EPO), the Japanese Patent Office (JPO) and the United States Patent and Trademark Office (USPTO). ...


Administrative Council

The Administrative Council of the European Patent Organisation constitutes its legislative body, to a certain extent. [6] It supervises the European Patent Office's work, [4] adopts the budget, approves the President's actions and amends the Rules and some particular provisions of the Articles of the European Patent Convention. [6] The Administrative Council is composed of representatives of the Contracting States, and its current chairman is Roland Grossenbacher (Swiss). [13] Dr. Roland Grossenbacher is a Swiss attorney at law currently serving as chairman of the Administrative Council of the European Patent Organisation. ...


Contracting States and extension states

There are, as of June 15, 2007, 32 Contracting States to the EPC, also called member states of the European Patent Organisation: [14] Austria, Belgium, Bulgaria, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Ireland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Monaco, Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden, Switzerland, Turkey, and the United Kingdom (see European Patent Convention article for the dates of entry in force in each country). The EPC entered into force on March 1, 2007 for Malta, the last country to join. [15] Norway is expected to become Contracting State on January 1, 2008. [16] June 15 is the 166th day of the year (167th in leap years) in the Gregorian calendar. ... Year 2007 (MMVII) is the current year, a common year starting on Monday of the Gregorian calendar and the AD/CE era. ... 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. ...


In addition there are five so-called "extension states" which recognise European patents but are not Contracting States to the EPC. These are Albania, Croatia, Republic of Macedonia, Serbia and Montenegro, and Bosnia and Herzegovina. Latvia was an extension state until June 30, 2005. For an explanation of terms related to Macedonia, see Macedonia (terminology). ... June 30 is the 181st day of the year (182nd in leap years) in the Gregorian calendar. ... Year 2005 (MMV) was a common year starting on Saturday (link displays full calendar) of the Gregorian calendar. ...


Further countries are expected to join the EPO in due course. Croatia and the former Yugoslav Republic of Macedonia have been invited to accede to the EPC. [14]


Statistics

Pendancy between when a patent application is filed and when it issues in the EPO as of 2004. Source: EPO Annual Report 2004

178 600 European patent applications were filed in 2004, compared with 167 400 in 2003. In 2004, 45 % of the applications led to the grant of a patent. The average time from filing to grant was 46.2 months. 26 % of the applicants resided in the United States, 18.6 % in Germany and 16.6 % in Japan. Philips filed 4253 applications, Siemens 1690 and Matsushita Electric 1514. [17] Image File history File links EPO_pendancy. ... Image File history File links EPO_pendancy. ... shelby was here 2004 (MMIV) was a leap year starting on Thursday of the Gregorian calendar. ... shelby was here 2004 (MMIV) was a leap year starting on Thursday of the Gregorian calendar. ... 2003 (MMIII) was a common year starting on Wednesday of the Gregorian calendar. ... Philips HQ in Amsterdam Koninklijke Philips Electronics N.V. (Royal Philips Electronics N.V.), usually known as Philips, (Euronext: PHIA, NYSE: PHG) is one of the largest electronics companies in the world, founded and headquartered in the Netherlands. ... Siemens AG (ISIN: DE0007236101, FWB: SIE, NYSE: SI) is one of the worlds largest technology companies. ... Logo for the Panasonic brand Matsushita Electric Industrial Co. ...


References

  1. ^ a b Article 4(2)(a) EPC
  2. ^ a b Article 4(1) EPC
  3. ^ Article 6(1) EPC
  4. ^ a b c d Article 4(3) EPC
  5. ^ Article 4(2) EPC
  6. ^ a b c Article 33 EPC
  7. ^ Decision T 1012/03 of December 1, 2006, Reasons 29.
  8. ^ Article 5(1) EPC
  9. ^ Article 10 EPC
  10. ^ Article 5(3) EPC
  11. ^ Decision T 1012/03 of December 1, 2006, Reasons 35.
  12. ^ Article 14(2) EPC
  13. ^ European Patent Office, Composition of the Administrative Council of the European Patent Organisation (as at May 2006), Official Journal of the European Patent Office 7/2006 p. 423.
  14. ^ a b European Patent Office web site, EPO member states, retrieved on August 1, 2006
  15. ^ European Patent Office web site, Malta accedes to the European Patent Convention, Information from the European Patent Office, January 3, 2007
  16. ^ EPO web site, Norway to join EPO. Consulted on June 15, 2007.
  17. ^ European Patent Office web site, Annual report 2004

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. ... 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. ... 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. ... 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. ... 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. ... 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. ... 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. ... 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. ... 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. ... 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. ... The Official Journal of the European Patent Office is a monthly trilingual publication of the European Patent Office (EPO). ...

See also

See also "European Patent Organisation" box below. esp@cenet is a free online service for searching patents and patent applications. ... The Eurasian Patent Organization (EAPO) is an international organization set up by the Eurasian Patent Convention (EAPC). ... The International Patent Institute (or IIB standing for Institut International des Brevets, its French name) was an intellectual property organisation established on June 6, 1947 in The Hague, Netherlands, by a set of European countries, France, Belgium, Luxembourg and the Netherlands. ... 1947 (MCMXLVII) was a common year starting on Wednesday (the link is to a full 1947 calendar). ... Categories: Stub | European Union law | Intellectual property organizations ... A trademark or trade mark[1] is a distinctive sign of some kind which is used by an individual, business organization or other legal entity to uniquely identify the source of its products and/or services to consumers, and to distinguish its products or services from those of other entities. ... To meet Wikipedias quality standards, this article may require cleanup. ... The so-called Trilateral Offices, or Trilateral Patent Offices, are a group of patent offices consisting of the European Patent Office (EPO), the Japanese Patent Office (JPO) and the United States Patent and Trademark Office (USPTO). ...


External links

  • European Patent Office web site
  • Institute of Professional Representatives before the EPO or "European Patent Institute (epi)"
  • Staff Union of the European Patent Office (SUEPO)

  Results from FactBites:
 
EUROPEAN PATENT CONVENTION: Protocol on Centralisation: PROTOCOL ON THE CENTRALISATION OF THE EUROPEAN PATENT SYSTEM ... (1260 words)
This Government hereby undertakes to make a new agreement with the European Patent Organisation in place of the one already made with the International Patent Institute to harmonise the clauses concerning the organisation, operation and financing of the sub-office with the provisions of this Protocol.
Subject to the provisions of Sections III and IV, the States parties to the Convention shall, on behalf of their central industrial property offices, renounce in favour of the European Patent Office any activities as International Preliminary Examining Authorities under the Patent Cooperation Treaty.
These tasks shall be entrusted for a period of 15 years from the opening of the European Patent Office and shall be reduced progressively (in principle by 20% a year) to zero during the last 5 years of the period.
  More results at FactBites »


 

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