sou · GRB366d2 · 2004-01-01 00:00:00 — (b)Patent Office shall provide a common entity with such support staff, premises and equipment as may be necessary for the performance of its duties, and the expenses incurred by that entity shall be borne fully or in part by the Organisation. INTERNATIONAL APPLICATIONS UNDER THE – EURO-PCT APPLICATIONS (1)of 19 1970, hereinafter referred to as the PCT, shall be applied in accordance with the provisions of this Part. (2)International applications filed under the PCT may be the subject of proceedings before Patent Office. In such proceedings, the provisions of the PCT and its Regulations shall be applied, supplemented by the provisions of this Convention. In case of conflict, the provisions of the PCT or its Regulations shall prevail. Patent Office as a receiving Office Patent Office shall act as a receiving Office within the meaning of the PCT, in accordance with the Implementing Regulations. Article 75, paragraph 2, shall apply. Patent Office as an International Searching Authority or International Preliminary Examining Authority Patent Office shall act as an International Searching Authority and International Preliminary Examining Authority within the meaning of the PCT, in accordance with an agreement between the Organisation and , for applicants who are residents or nationals of a State party to this Convention. This agreement may provide that Patent Office shall also act for other applicants. Patent Office as designated Office or elected Office (1) Patent Office shall be (a)a designated Office for any State party to this Convention in respect of which the PCT is in force, which is designated in the international application and for which the applicant wishes to obtain a European patent, and (b)an elected Office, if the applicant has elected a State designated pursuant to letter (a). (2)An international application for which Patent Office is a designated or elected Office, and which has been accorded an international date of filing, shall be equivalent to a regular European application (Euro- PCT application). (3)The international publication of a Euro-PCT application in an official language of Patent Office shall take the place of the publication of patent application and shall be mentioned in Patent Bulletin. (4)If the Euro-PCT application is published in another language, a translation into one of the official languages shall be filed with Patent Office, which shall publish it. Subject to Article 67, paragraph 3, the provisional protection under Article 67, paragraphs 1 and 2, shall be effective from the date of that publication. (5)The Euro-PCT application shall be treated as a European patent application and shall be considered as comprised in the state of the art under Article 54, paragraph 3, if the conditions laid down in paragraph 3 or 4 and in the Implementing Regulations are fulfilled. (6)The international search report drawn up in respect of a Euro-PCT application or the declaration replacing it, and their international publication, shall take the place of search report and the mention of its publication in Patent Bulletin. (7)A supplementary European search report shall be drawn up in respect of any Euro-PCT application under paragraph 5. may decide that the supplementary search report is to be dispensed with or that the search fee is to be reduced. Patent Office as an International Searching Authority Patent Office as an International Preliminary Examining Authority (deleted) Patent Office as an elected Office (deleted) International search report (deleted) Publication of the international application and its supply to Patent Office (deleted) TRANSITIONAL PROVISIONS (deleted) Implementing Regulations and Protocols (1)The Implementing Regulations, the Protocol on Recognition, the Protocol on Privileges and Immunities, the Protocol on Centralisation, the Protocol on the Interpretation of Article 69 and the Protocol on Staff Complement shall be integral parts of this Convention. (2)In case of conflict between the provisions of this Convention and those of the Implementing Regulations, the provisions of this Convention shall prevail. (1)This Convention shall be open for signature until by the States which took part in the Inter-Governmental Conference for the setting up of a for the of Patents or were informed of the holding of that conference and offered the option of taking part therein. (2)This Convention shall be subject to ratification; instruments of ratification shall be deposited with the Government of the Federal Republic of . (1)This Convention shall be open to accession by: (a) the States referred to in Article 165, paragraph 1; (b) any other at the invitation of the . (2)which has been a party to the Convention and has ceased to be so as a result of the application of Article 172, paragraph 4, may again become a party to the Convention by acceding to it. (3)Instruments of accession shall be deposited with the Government of the Federal Republic of . Reservations (deleted) Territorial field of application (1)may declare in its instrument of ratification or accession, or may inform the Government of the Federal Republic of by written notification at any time thereafter, that this Convention shall be applicable to one or more of the territories for the external relations of which it is responsible. European patents granted for that also have effect in the territories for which such a declaration has taken effect. (2)If the declaration referred to in paragraph 1 is contained in the instrument of ratification or accession, it shall take effect on the same date as the ratification or accession; if the declaration is notified after the deposit of the instrument of ratification or accession, such notification shall take effect six months after the date of its receipt by the Government of the Federal Republic of . (3)may at any time declare that the Convention shall cease to apply to some or to all of the territories in respect of which it has given notification pursuant to paragraph 1. Such declaration shall take effect one year after the date on which the Government of the Federal Republic of received notification thereof. (1) This Convention shall enter into force three months after the deposit of the last instrument of ratification or accession by six States on whose territory the total number of patent applications filed in 1970 amounted to at least 180 000 for all the said States. (2) ratification or accession after the entry into force of this Convention shall take effect on the first day of the third month after the deposit of the instrument of ratification or accession. (1)which ratifies or accedes to this Convention after its entry into force shall pay to the Organisation an initial contribution, which shall not be refunded. (2)The initial contribution shall be of an amount calculated by applying the percentage obtained for the State in question, on the date on which ratification or accession takes effect, in accordance with the scale provided for in Article 40, paragraphs 3 and 4, to the sum of the special financial contributions due from the other Contracting States in respect of the accounting periods preceding the date referred to above. (3)In the event that special financial contributions were not required in respect of the accounting period immediately preceding the date referred to in paragraph 2, the scale of contributions referred to in that paragraph shall be the scale that would have been applicable to the State concerned in respect of the last year for which financial contributions were required. Duration of the Convention The present Convention shall be of unlimited duration. (1)This Convention may be revised by a Conference of the Contracting States. (2)The Conference shall be prepared and convened by the . The Conference shall not be validly constituted unless at least three- quarters of the Contracting States are represented at it. Adoption of the revised required. text shall require a majority of three- quarters of the Contracting States represented and voting at the Conference. Abstentions shall not be considered as votes. (3)The revised text shall enter into force when it has been ratified or acceded to by the number of Contracting States specified by the Conference, and at the time specified by that Conference. (4)Such States as have not ratified or acceded to the revised text of the Convention at the time of its entry into force shall cease to be parties to this Convention as from that time. Disputes between Contracting States (1)dispute between Contracting States concerning the interpretation or application of the present Convention which is not settled by negotiation shall be submitted, at the request of one of the States concerned, to the , which shall endeavour to bring about agreement between the States (2)If such agreement is not reached within six months from the date when the dispute was referred to the , any one of the States concerned may submit the dispute to the International Court of for a binding decision. may at any time denounce this Convention. Denunciation shall be notified to the Government of the Federal Republic of . It shall take effect one year after the date of receipt of such notification. Preservation of acquired rights (1)In the event of a State ceasing to be party to this Convention in accordance with Article 172, paragraph 4, or Article 174, rights already acquired pursuant to this Convention shall not be impaired. (2)A European patent application which is pending when a designated State ceases to be party to the Convention shall be processed by Patent Office, as far as that State is concerned, as if the Convention in force thereafter were applicable to that State. (3)Paragraph 2 shall apply to European patents in respect of which, on the date mentioned in that paragraph, an opposition is pending or the opposition period has not expired. (4)Nothing in this Article shall affect the right of any State that has ceased to be a party to this Convention to treat any European patent in accordance with the text to which it was a party. Financial rights and obligations of former Contracting States (1) which has ceased to be a party to this Convention in accordance with Article 172, paragraph 4, or Article 174, shall have the special financial contributions which it has paid pursuant to Article 40, paragraph 2, refunded to it by the Organisation only at the time when and under the conditions whereby the Organisation refunds special financial contributions paid by other States during the same accounting period. (2) referred to in paragraph 1 shall, even after ceasing to be a party to this Convention, continue to pay the proportion pursuant to Article 39 of renewal fees in respect of European patents remaining in force in that State, at the rate current on the date on which it ceased to be a party. Languages of the Convention (1)This Convention, drawn up in a single original, in the English, French and German languages, shall be deposited in the archives of the Government of the Federal Republic of , the three texts being equally authentic. (2)The texts of this Convention drawn up in official languages of Contracting States other than those specified in paragraph 1 shall, if they have been approved by the , be considered as official texts. In the event of disagreement on the interpretation of the various texts, the texts referred to in paragraph 1 shall be authentic. (1)The Government of the Federal Republic of draw up certified true copies of this Convention and shall transmit them to the Governments of all signatory or acceding States. (2)The Government of the Federal Republic of notify to the Governments of the States referred to in paragraph 1: (a)the deposit of any instrument of ratification or accession; (b)any declaration or notification received pursuant to Article 168; (c)any denunciation received pursuant to Article 174 and the date on which such denunciation comes into force. (3) The Government of the Federal Republic of register this Convention with the Secretariat of the United Nations. Protocol on the Interpretation of Article 69 EPC Article 69 should not be interpreted as meaning that the extent of the protection conferred by a European patent is to be understood as that defined by the strict, literal meaning of the wording used in the claims, the description and drawings being employed only for the purpose of resolving an ambiguity found in the claims. should it be taken to mean that the claims serve only as a guideline and that the actual protection conferred may extend to what, from a consideration of the description and drawings by a person skilled in the art, the patent proprietor has contemplated. On the contrary, it is to be interpreted as defining a position between these extremes which combines a fair protection for the patent proprietor with a reasonable degree of legal certainty for third parties. For the purpose of determining the extent of protection conferred by a European patent, due account shall be taken of any element which is equivalent to an element specified in the claims. Protocol on the Staff Complement of Patent Office at The Hague (Protocol on Staff Complement) shall ensure that the proportion of European Patent Office posts assigned to the duty station at The Hague as defined under the 2000 plan and table of posts remains substantially unchanged. change in the number of posts assigned to the duty station at The Hague resulting in a deviation of more than ten per cent of that proportion, which proves necessary for the proper functioning of Patent Office, shall be subject to a decision by on a proposal from the President of Patent Office after consultation with the Governments of the Federal Republic of and the Kingdom of the . Protocol on the Centralisation of and on its Introduction (Protocol on Centralisation) (1) (a) Upon entry into force of the Convention, States parties thereto which are also members of set up by the Hague Agreement of 6 1947 shall take all necessary steps to ensure the transfer to Patent Office, no later than the date referred to in Article 162, paragraph 1, of the Convention, of all assets and liabilities and all staff members of . Such transfer shall be effected by an agreement between and . The above States and the other States parties to the Convention shall take all necessary steps to ensure that that agreement shall be implemented no later than the date referred to in Article 162, paragraph 1, of the Convention. Upon implementation of the agreement, those Member States of which are also parties to the Convention further undertake to terminate their participation in the Hague Agreement. (b)The States parties to the Convention shall take all necessary steps to ensure that all the assets and liabilities and all the staff members of are taken into Patent Office in accordance with the agreement referred to in sub-paragraph (a). After the implementation of that agreement the tasks incumbent upon at the date on which the Convention is opened for signature, and in particular those carried out vis-à-vis its Member States, whether or not they become parties to the Convention, and such tasks as it has undertaken at the time of the entry into force of the Convention to carry out vis-à-vis States which, at that date, are both members of and parties to the Convention, shall be assumed by Patent Office. In addition, the of may allocate further duties in the field of searching to Patent Office. (c)The above obligations shall also apply mutatis mutandis to the sub-office set up under the Hague Agreement under the conditions set out in the agreement between and the Government of the concerned. This Government hereby undertakes to make a new agreement with in place of the one already made with to harmonise the concerning the organisation, operation and financing of the sub-office with the provisions of this Protocol. (2)Subject to the provisions of Section III, the States parties to the Convention shall, on behalf of their central industrial property offices, renounce in favour of Patent Office any activities as under the as from the date referred to in Article 162, paragraph 1, of the Convention. (3)(a) A sub-office of Patent Office shall be set up in as from the date referred to in Article 162, paragraph 1, of the Convention. It shall operate under the direction of the branch at The Hague. (b)shall determine the duties to be allocated to the sub-office in in the light of general considerations and of the requirements of Patent Office. (c)At least at the beginning of the period following the progressive expansion of the field of activity of Patent Office, the amount of work assigned to that sub-office shall be sufficient to enable the examining staff of the of the German Patent Office, as it stands at the date on which the Convention is opened for signature, to be fully employed. (d)The Federal Republic of bear any additional costs incurred by in setting up and maintaining the sub-office in . 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 Patent Office any activities as This obligation shall apply only to the extent to which Patent Office may examine European patent applications in accordance with Article 162, paragraph 2, of the Convention and shall not apply until two years after the date on which Patent Office has begun examining activities in the areas of technology concerned, on the basis of a five-year plan which shall progressively extend the activities of Patent Office to all areas of technology and which may be amended only by decision of the . The procedures for implementing this obligation shall be determined by decision of the . (1)The central industrial property office of any State party to the Convention in which the official language is not one of the official languages of Patent Office, shall be authorised to act as an International Searching Authority and as an International Preliminary Examining Authority under the . Such authorisation shall be subject to an undertaking by the State concerned to restrict such activities to international applications filed by nationals or residents of such State and by nationals or residents of States parties to the Convention which are adjacent to that State. may decide to authorise the central industrial property office of any State party to the Convention to extend such activities to cover such international applications as may be filed by nationals or residents of any non-Contracting State having the same official language as the in question and drawn up in that language. (2)For the purpose of harmonising search activities under the within the framework of system for the grant of patents, co-operation shall be established between Patent Office and any central industrial property office authorised under this Section. Such co- operation shall be based on a special agreement which may cover e.g. search procedures and methods, qualifications required for the recruitment and training of examiners, guidelines for the exchange of search and other services between the offices as well as other measures needed to establish the required control and supervision. (1) (a) For the purpose of facilitating the adaptation of the national patent offices of the States parties to the Convention to patent system, the may, if it considers it desirable, and subject to the conditions set out below, entrust the central industrial property offices of such of those States in which it is possible to conduct the proceedings in one of the official languages of Patent Office with tasks concerning the examination of European patent applications drawn up in that language which, pursuant to Article 18, paragraph 2, of the Convention, shall, as a general rule, be entrusted to a member of the Examining Division. Such tasks shall be carried out within the framework of the proceedings for grant laid down in the Convention; decisions on such applications shall be taken by the Examining Division composed in accordance with Article 18, paragraph 2. (b)Tasks entrusted under sub- paragraph (a) shall not be in respect of more than of the total number of European patent applications filed; tasks entrusted to any one State shall not be in respect of more than one-third of the total number of European patent applications filed. These tasks shall be entrusted for a period of 15 years from the opening of Patent Office and shall be reduced progressively (in principle by a year) to zero during the last 5 years of the period. (c)shall decide, while taking into account the provisions of sub-paragraph (b), upon the nature, origin and number of patent applications in respect of which examining tasks may be entrusted to the central industrial property office of each of the Contracting States mentioned above. (d)The above implementing procedures shall be set out in a special agreement between the central industrial property office of the concerned and . (e)An office with which such a special agreement has been concluded may act as an International Preliminary Examining Authority under the , until the expiry of the period of 15 years. (2) (a) If the Administrative Council considers that it is compatible with the proper functioning of Patent Office, and in order to alleviate the difficulties which may arise for certain Contracting States from the application of Section I, paragraph 2, it may entrust searching in respect of European patent applications to the central industrial property offices of those States in which the official language is one of the official languages of Patent Office, provided that these offices possess the necessary qualifications for appointment as an International Searching Authority in accordance with the conditions laid down in the . (b)In carrying out such work, undertaken under the responsibility of Patent Office, the central industrial property offices concerned shall adhere to the guidelines applicable to the drawing up of search report. (c)The provisions of paragraph 1(b), second sentence, and sub-paragraph (d)of this Section shall apply to this paragraph. (1) The sub-office referred to in Section I, paragraph 1(c), shall be authorised to carry out searches, among the documentation which is at its disposal and which is in the official language of the State in which the sub- office is located, in respect of European patent applications filed by nationals and residents of that State. This authorisation shall be on the understanding that the procedure for the grant of European patents will not be delayed and that additional costs will not be incurred for . (2)The sub-office referred to in paragraph 1 shall be authorised to carry out, at the option of an applicant for a European patent and at his expense, a search on his patent application among the documentation referred to in paragraph 1. This authorisation shall be effective until the search provided for in Article 92 of the Convention has been extended, in accordance with Section VI, to cover such documentation and shall be on the understanding that the procedure for the grant of European patents will not be delayed. (3)may also extend the authorisations provided for in paragraphs 1 and 2, under the conditions of those paragraphs, to the central industrial property office of a which does not have as an official language one of the official languages of Patent Office. The search provided for in Article 92 of the Convention shall, in principle, be extended, in respect of all European patent applications, to published patents, published patent applications and other relevant documents of Contracting States not included in the search documentation of Patent Office on the date referred to in Article 162, paragraph 1, of the Convention.