sou · GRB366d2 · 2004-01-01 00:00:00 — (4)Oral proceedings, including delivery of the decision, shall be public, as regards the Boards of Appeal and , after publication of patent application, and 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 and unjustified disadvantages, in particular for a party to the proceedings. Means and taking of evidence (1) In proceedings before Patent Office the means of giving or obtaining evidence shall include the following: (a)hearing the parties; (b)requests for information; (c)production of documents; (d)hearing witnesses; (e)opinions by experts; (f)inspection; (g) sworn statements in writing. (2) The procedure for taking such evidence shall be laid down in the Implementing Regulations. Unity of patent application or European patent Where 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 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 this Convention provides otherwise. Decisions, summonses, notices and communications shall be notified by Patent Office of its own motion in accordance with the Implementing Regulations. Notification may, where exceptional circumstances so require, be effected through the intermediary of the central industrial property offices of the Contracting States. The Implementing Regulations shall specify: (a)the time limits which are to be observed in proceedings before Patent Office and are not fixed by this Convention; (b)the of computation of time limits and the conditions under which time limits may be extended; (c)the minima and for time limits to be determined by Patent Office. Further processing of patent application (1)If an applicant fails to observe a time limit vis-à-vis Patent Office, he may request further processing of patent application. (2)Patent Office shall grant the request, provided that the requirements laid down in the Implementing Regulations are met. Otherwise, it shall reject the request. (3)If the request is granted, the legal consequences of the failure to observe the time limit shall be deemed not to have (4)Further processing shall be ruled out in respect of the time limits in . Article 87, paragraph 1, Article 108 and Article 112a, paragraph 4, as well as the time limits for requesting further processing or re-establishment of rights. The Implementing Regulations may rule out further processing for other time limits. (1)An applicant for or proprietor of a European patent who, in spite of all due care required by the circumstances having been taken, was unable to observe a time limit vis-à-vis Patent Office shall have his rights re-established upon request if the non-observance of this time limit has the direct consequence of causing the refusal of patent application or of a request, or the deeming of the application to have been withdrawn, or the revocation of patent, or the loss of any other right or means of redress. (2)Patent Office shall grant the request, provided that the conditions of paragraph 1 and any other requirements laid down in the Implementing Regulations are met. Otherwise, it shall reject the request. (3)If the request is granted, the legal consequences of the failure to observe the time limit shall be deemed not to have ensued. (4)of rights shall be ruled out in respect of the time limit for requesting re-establishment of rights. The Implementing Regulations may rule out re-establishment for other time limits. (5)person who, in a designated , has in good faith used or made effective and serious preparations for using an invention which is the subject of a published European patent application or a European patent in the period between the loss of rights referred to in paragraph 1 and publication in Patent Bulletin of the mention of re- of those rights, may without payment continue such use in the course of his business or for the needs thereof (6)Nothing in this Article shall limit the right of a to grant re- of rights in respect of time limits provided for in this Convention and to be observed vis-à-vis the authorities of such State. (1) patent application or European patent may be amended in proceedings before Patent Office, in accordance with the Implementing Regulations. In any event, the applicant shall be given at least one opportunity to amend the application of his own volition. (2)patent application or European patent may not be amended in such a way that it contains subject-matter which extends beyond the content of the application as filed. (3)patent may not be amended in such a way as to extend the protection it confers. Information on prior art (1)Patent Office may, in accordance with the Implementing Regulations, invite the applicant to provide information on prior art taken into consideration in national or regional patent proceedings and concerning an invention to which patent application relates. (2)If the applicant fails to reply in due time to an invitation under paragraph 1, patent application shall be deemed to be withdrawn. Reference to general principles In the absence of procedural provisions in this Convention, Patent Office shall take into account the principles of procedural law generally recognised in the Contracting States. Termination of financial obligations (deleted) Information to the public or to official authorities Patent Office shall keep a European Patent Register, in which the particulars specified in the Implementing Regulations shall be recorded. No entry shall be made in Patent Register before the publication of patent application. Patent Register shall be open to public inspection. (1) Files relating to European patent applications which have not yet been published shall not be made available for inspection without the consent of the applicant. (2)person who can prove that the applicant has invoked the rights under patent application against him may obtain inspection of the files before the publication of that application and without the consent of the applicant. (3)Where a European divisional application or a new European patent application filed under Article 61, paragraph 1, is published, any person may obtain inspection of the files of the earlier application before the publication of that application and without the consent of the applicant. (4)After the publication of patent application, the files relating to the application and the resulting European patent may be inspected on request, subject to the restrictions laid down in the Implementing Regulations. (5)Even before the publication of patent application, Patent Office may communicate to third parties or publish the particulars specified in the Implementing Regulations. Patent Office shall periodically publish: (a)a European Patent Bulletin containing the particulars the publication of which is prescribed by this Convention, the Implementing Regulations or the President of Patent Office; (b)b) an containing notices and information of a general character issued by the President of Patent Office, as well as any other information relevant to this Convention or its implementation. (1)Unless this Convention or national laws provide otherwise, Patent Office and the central industrial property office of any , on request, communicate to each other any useful information regarding European or national patent applications and patents and any proceedings concerning them. (2)Paragraph 1 shall apply to the communication of information by virtue of working agreements between Patent Office and (a)the central industrial property offices of other States; (b)any intergovernmental organisation entrusted with the task of granting patents; (c)any other organisation. (3) Communications under paragraphs 1 and 2(a) and (b) shall not be subject to the restrictions laid down in Article 128. Council may decide that communications under paragraph 2(c) shall not be subject to such restrictions, provided that the organisation concerned treats the information communicated as confidential until patent application has been published. Administrative and legal co-operation (1)Unless this Convention or national laws provide otherwise, Patent Office and the courts or authorities of Contracting States shall on request give assistance to each other by communicating information or opening files for inspection. Where Patent Office makes files available for 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. (2)At the request of Patent Office, the courts or other competent authorities of Contracting States shall undertake, on behalf of the Office and within the limits of their jurisdiction, any necessary enquiries or other legal measures. (1)Patent Office and the central industrial property offices of the Contracting States shall despatch to each other on request and for their own use one or more copies of their respective publications free of charge. (2)Patent Office may conclude agreements relating to the exchange or supply of publications. General principles of representation (1)Subject to paragraph 2, no person shall be compelled to be represented by a professional representative in proceedings established by this Convention. (2)Natural or legal persons not having their or principal place of business in a be represented by a professional representative and act through him in all proceedings established by this Convention, other than in filing a European patent application; the Implementing Regulations may permit other exceptions. (3)Natural or legal persons having their or principal place of business in a may be represented in proceedings established by this Convention by an employee, who need not be a professional representative but who shall be authorised in accordance with the Implementing Regulations. The Implementing Regulations may provide whether and under what conditions an employee of a legal person may also represent other legal persons which have their principal place of business in a and which have economic connections with the first legal person. (4) The Implementing Regulations may lay down special provisions concerning the common representation of parties acting in common. Representation before Patent Office (1)Representation of natural or legal persons in proceedings established by this Convention may only be undertaken by professional representatives whose names appear on a list maintained for this purpose by Patent Office. (2)natural person who (a)is a national of a , (b)has his place of business or employment in a and (c)has passed qualifying examination may be entered on the list of professional representatives. (3) During a period of one year from the date on which the accession of a State to this Convention takes effect, entry on that list may also be requested by any natural person who (a)is a national of a , (b)has his place of business or employment in the State having acceded to the Convention and (c)is entitled to represent natural or legal persons in patent matters before the central industrial property office of that State. Where such entitlement is not conditional upon the requirement of special professional qualifications, the person shall have regularly so acted in that State for at least five years. (4)Entry shall be effected upon request, accompanied by certificates indicating that the conditions laid down in paragraph 2 or 3 are fulfilled. (5)Persons whose names appear on the list of professional representatives shall be entitled to act in all proceedings established by this Convention. (6)For the purpose of acting as a professional representative, any person whose name appears on the list of professional representatives shall be entitled to establish a place of business in any in which proceedings established by this Convention may be conducted, having regard to the Protocol on Centralisation annexed to this Convention. The authorities of such State may remove that entitlement in individual cases only in application of legal provisions adopted for the purpose of protecting public security and law and order. Before such action is taken, the President of Patent Office shall be consulted. (7) The President of Patent Office may grant exemption from: (a) the requirement of paragraphs 2(a) or 3(a) in special circumstances; (b) the requirement of paragraph 3(c), second sentence, if the applicant furnishes proof that he has acquired the requisite qualification in another way. (8) Representation in proceedings established by this Convention may also be undertaken, in the same way as by a professional representative, by any legal practitioner qualified in a and having his place of business in that State, to the extent that he is entitled in that State to act as a professional representative in patent matters. Paragraph 6 shall apply mutatis mutandis. (1) shall be competent to adopt and amend provisions governing: (a)before Patent Office, hereinafter referred to as the Institute; (b)the qualifications and training required of a person for admission to qualifying examination and the conduct of such examination; (c)the disciplinary power exercised by the Institute or Patent Office in respect of professional representatives; (d)the obligation of confidentiality on the professional representative and the privilege from disclosure in proceedings before Patent Office in respect of communications between a professional representative and his client or any other person. (2) person entered on the list of professional representatives referred to in Article 134, paragraph 1, shall be a member of the Institute. Conversion into a national patent application (1) The central industrial property office of a designated , at the request of the applicant for or proprietor of a European patent, apply the procedure for the grant of a national patent in the following circumstances: (a)where patent application is deemed to be withdrawn under Article 77, paragraph 3; (b)in such other cases as are provided for by the national law, in which patent application is refused or withdrawn or deemed to be withdrawn, or patent is revoked under this Convention. (2)In the case referred to in paragraph 1(a), the request for conversion shall be filed with the central industrial property office with which patent application has been filed. That office shall, subject to the provisions governing national security, transmit the request directly to the central industrial property offices of the Contracting States specified therein. (3)In the cases referred to in paragraph 1(b), the request for conversion shall be submitted to Patent Office in accordance with the Implementing Regulations. It shall not be deemed to be filed until the conversion fee has been paid. Patent Office shall transmit the request to the central industrial property offices of the Contracting States specified therein. (4)The effect of patent application referred to in Article 66 shall lapse if the request for conversion is not submitted in due time. Submission and transmission of the request (deleted) Formal requirements for conversion (1) A European patent application transmitted in accordance with Article 135, paragraph 2 or 3, shall not be subjected to formal requirements of national law which are different from or additional to those provided for in this Convention. (2) central industrial property office to which patent application is transmitted may require that the applicant shall, within a period of not less than two months: (a)pay the national application fee; and (b)file a translation of the original text of patent application in an official language of the State in question and, where appropriate, of the text as amended during proceedings before Patent Office which the applicant wishes to use as the basis for the national procedure. Revocation and prior rights Revocation of European patents (1) Subject to Article 139, a European patent may be revoked with effect for a only on the grounds that: (a)the subject-matter of patent is not patentable under Articles 52 to 57; (b)patent does not disclose the invention in a sufficiently clear and complete for it to be carried out by a person skilled in the art; (c)the subject-matter of 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 under Article 61, beyond the content of the earlier application as filed; (d)the protection conferred by patent has been extended; or (e)the proprietor of patent is not entitled under Article 60, paragraph 1. (2)If the grounds for revocation affect patent only in part, the patent shall be limited by a corresponding amendment of the claims and revoked in part. (3)In proceedings before the competent court or authority relating to the validity of patent, the proprietor of the patent shall have the right to limit the patent by amending the claims. The patent as thus limited shall form the basis for the proceedings. Prior rights and rights arising on the same date (1) In any designated a European patent application and a European patent shall have with regard to a national patent application and a national patent the same prior right effect as a national patent application and a national patent. (2)A national patent application and a national patent in a have with regard to a European patent designating that the same prior right effect as if patent were a national patent. (3)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. National utility models and utility certificates Articles 66, 124, 135, 137 and 139 shall apply to utility models and utility certificates and to applications for utility models and utility certificates registered or deposited in the Contracting States whose laws make provision for such models or certificates. Renewal fees for European patents (1)Renewal fees for a European patent may only be imposed for the years which follow that referred to in Article 86, paragraph 2. (2)renewal fees falling due within two months of the publication in Patent Bulletin of the mention of the grant of patent shall be deemed to have been validly paid if they are paid within that period. additional fee provided for under national law shall not be charged. (1)group of Contracting States, which has provided by a special agreement that a European patent granted for those States has a unitary character throughout their territories, may provide that a European patent may only be granted jointly in respect of all those States. (2)Where any group of Contracting States has availed itself of the authorisation given in paragraph 1, the provisions of this Part shall apply. Special departments of Patent Office (1)The group of Contracting States may give additional tasks to Patent Office. (2)Special departments common to the Contracting States in the group may be set up within Patent Office in order to carry out the additional tasks. The President of Patent Office shall direct such special departments; Article 10, paragraphs 2 and 3, shall apply mutatis mutandis. Representation before special departments The group of Contracting States may lay down special provisions to govern representation of parties before the departments referred to in Article 143, paragraph 2. (1)The group of Contracting States may set up a select for the purpose of supervising the activities of the special departments set up under Article 143, paragraph 2; Patent Office shall place at its disposal such staff, premises and equipment as may be necessary for the performance of its duties. The President of Patent Office shall be responsible for the activities of the special departments to the select . (2)The composition, powers and functions of the select committee shall be determined by the group of Contracting States. Cover for expenditure for carrying out special tasks Where additional tasks have been given to 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 Patent Office to carry out these additional tasks, the group shall bear the expenditure on staff, premises and equipment chargeable in respect of these departments. Article 39, paragraphs 3 and 4, Article 41 and Article 47 shall apply mutatis mutandis. Payments 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 and 4, shall apply mutatis mutandis. patent application as an object of property (1)Article 74 shall apply unless the group of Contracting States has specified otherwise. (2)The group of Contracting States may provide that a European patent application for which these Contracting States are designated may only be transferred, mortgaged or subjected to any legal means of execution in respect of all the Contracting States of the group and in accordance with the provisions of the special agreement. (1)The group of Contracting States may provide that these States may only be designated jointly, and 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. (2)Where Patent Office acts as a designated Office under Article 153, paragraph 1, paragraph 1 shall apply if the applicant has indicated in the international application that he wishes to obtain a European patent for one or more of the designated States of the group. The same shall apply if the applicant designates in the international application one of the Contracting States in the group, whose national law provides that the designation of that State shall have the effect of the application being for a European patent. Other agreements between the Contracting States (1) Nothing in this Convention shall be construed as limiting the right of some or all of the Contracting States to conclude special agreements on any matters concerning European patent applications or European patents which under this Convention are subject to and governed by national law, such as, in particular (a)an agreement establishing a European patent court common to the Contracting States party to it; (b)an agreement establishing an entity common to the Contracting States party to it to deliver, at the request of national courts or quasi-judicial authorities, opinions on issues of European or harmonised national patent law; (c)an agreement under which the Contracting States party to it dispense fully or in part with translations of European patents under Article 65; (d)an agreement under which the Contracting States party to it provide that translations of European patents as required under Article 65 may be filed with, and published by, Patent Office. (2) shall be competent to decide that: (a)the members of the Boards of Appeal or may serve on a European patent court or a common entity and take part in proceedings before that court or entity in accordance with any such agreement;