sou · GRB366d2 · 2004-01-01 00:00:00 — The extent, conditions and timing of any such extension shall be determined by basis of a study concerning particularly the technical and financial aspects. The provisions of this Protocol shall prevail over any contradictory provisions of the Convention. The decisions of the provided for in this Protocol shall require a three-quarters majority (Article 35, paragraph 2, of the Convention). The provisions governing the weighting of votes (Article 36 of the Convention) shall apply. Implementing Regulations to the EPC 2000 – i lydelse enligt förvaltningsrådets beslut ; CA/D 14/02 IMPLEMENTING REGULATIONS TO PART I Languages of Patent Office Language in written proceedings 1)In written proceedings before Patent Office any party may use any official language of Patent Office. The translation referred to in Article 14, paragraph 4, may be filed in any official language of Patent Office. 2)Amendments to a European patent application or European patent shall be filed in the language of the proceedings. 3) Documentary evidence and, in particular, publications may be filed in any language. (3) Documentary evidence and, in particular, publications may be filed in any language. Patent Office may, however, require that a translation in one of its official languages be filed, within a period to be specified. If a required translation is not filed in due time, the EPO may disregard the document in question. Language in oral proceedings (1) party to oral proceedings before Patent Office may use an official language of Patent Office other than the language of the proceedings, if such party gives notice to Patent Office at least one month before the date of such oral proceedings or provides for interpretation into the language of the proceedings. party may use an official language of a , if he provides for interpretation into the language of the proceedings. Patent Office may permit derogations from these provisions. (2)In the course of oral proceedings, employees of Patent Office may use an official language of Patent Office other than the language of the proceedings. (3)Where evidence is taken, any party, witness or expert to be heard who is unable to express himself adequately in an official language of Patent Office or of a may use another language. Where evidence is taken upon request of a party, parties, witnesses or experts expressing themselves in a language other than an official language of Patent Office shall be heard only if that party provides for interpretation into the language of the proceedings. Patent Office may, however, permit interpretation into one of its other official languages. (4)If the parties and Patent Office agree, any language may be used. (5)Patent Office shall, if necessary, provide at its own expense interpretation into the language of the proceedings, or, where appropriate, into its other official languages, unless such interpretation is the responsibility of one of the parties. (6)Statements by employees of Patent Office, parties, witnesses or experts, made in an official language of Patent Office, shall be entered in the minutes in that language. Statements made in any other language shall be entered in the official language into which they are translated. Amendments to a European patent application or European patent shall be entered in the minutes in the language of the proceedings. Change of language of the proceedings Language of a European divisional application Deleted – substance moved to Rule 25 Where the translation of a document is required, Patent Office may require that a certificate that the translation corresponds to the original text be filed within a period to be specified. If the certificate is not filed in due time, such document shall be deemed not to have been filed, unless otherwise provided. Filing of translations and reduction of fees (1)A translation under Article 14, paragraph 2, shall be filed within one month of filing patent application. (2)A translation under Article 14, paragraph 4, shall be filed within one month of filing the document. Where the document is a notice of opposition or appeal, or a statement of grounds of appeal, the translation may be filed within the period for filing such a notice or statement if that period expires later. (3)Where a person referred to in Article 14, paragraph 4, files a European patent application, a request for examination, an opposition or an appeal in a language admitted in that provision, the filing fee, examination fee, opposition fee or appeal fee shall be reduced in accordance with the Rules relating to Fees. Legal authenticity of the translation of patent application Unless evidence is provided to the contrary, Patent Office shall assume, for the purpose of determining whether the subject-matter of patent application or European patent extends beyond the content of the application as filed, that the translation filed under Article 14, paragraph 2, or Rule 25d, paragraph 3, is in conformity with the original text of the application. Organisation of Patent Office Patent Office shall use the classification referred to in Article 1 of the Agreement concerning the International Patent Classification of 24 1971, hereinafter referred to as the international classification. Administrative structure of Patent Office 1) Patent Office shall be divided administratively into Directorates- General, to which the departments specified in Article 15, and the services set up to deal with legal matters and the internal administration of the Office, shall be assigned. (2) Each Directorate-General shall be directed by a Vice-President. The assignment of a Vice-President to a Directorate-General shall be decided upon by the , after the President of Patent Office has been consulted. Allocation of duties to the departments of first instance (1)Technically qualified examiners acting as members of Search, Examining or Opposition Divisions shall be assigned to Directorates. The President of Patent Office shall allocate duties to these Directorates by reference to the international classification. (2)In addition to the responsibilities vested in them under the Convention, the President of Patent Office may allocate further duties to the Receiving Section, the Search, Examining and Opposition Divisions, and the Legal Division. (3)The President of Patent Office may entrust to employees who are not technically or legally qualified examiners the execution of duties falling to the Examining or Opposition Divisions and involving no technical or legal difficulties. Presidium of the Boards of Appeal (1)The autonomous authority within the organisational unit comprising the Boards of Appeal (the "Presidium of the Boards of Appeal") shall consist of the Vice- President in charge of the Boards of Appeal, who shall act as chairman, and twelve members of the Boards of Appeal, six being Chairmen and six being other members. (2)All members of the Presidium shall be elected by the Chairmen and members of the Boards of Appeal for one working year. If the full composition of the Presidium cannot be reached, the vacancies shall be filled by designating the most and members. (3)The Presidium shall adopt the Rules of Procedure of the Boards of Appeal and the Rules of Procedure for the election and designation of its members. The Presidium shall further advise the Vice-President in charge of the Boards of Appeal with regard to matters concerning the functioning of the Boards of Appeal in general. (4)Before the beginning of each working year the Presidium, extended to include all Chairmen, shall allocate duties to the Boards of Appeal. In the same composition, it shall decide on conflicts regarding the allocation of duties between two or more Boards of Appeal. The extended Presidium shall designate the regular and alternate members of the various Boards of Appeal. member of a may be designated as a member of more than one . These measures may, where necessary, be amended during the course of the working year in question. (5)The Presidium may only take a decision if at least five of its members are present; these must include the Vice-President in charge of the Boards of Appeal or his deputy, and the Chairmen of two Boards of Appeal. Where the tasks mentioned in paragraph 4 are concerned, nine members must be present, including the Vice-President in charge of the Boards of Appeal or his deputy, and the Chairmen of three Boards of Appeal. Decisions shall be taken by a majority vote; in the event of parity of votes, the Chairman or his deputy shall have the casting vote. Abstentions shall not be considered as votes. (6) may allocate duties under Article 134a, paragraph 1(c), to the Boards of Appeal. Business distribution scheme for of its Rules of Procedure (1)Before the beginning of each working year, the members of appointed under Article 11, paragraph 3, shall designate the regular and alternate members of . (2)The members of appointed under Article 11, paragraph 3, shall adopt the Rules of Procedure of . (3)Decisions on matters mentioned in paragraphs 1 and 2 may only be taken if at least five members are present, including the Chairman of or his deputy; in the event of parity of votes, the Chairman or his deputy shall have the casting vote. Abstentions shall not be considered as votes. Administrative structure of Patent Office Deleted – Substance transferred to new Rule 8a TO PART II OF THE CONVENTION Procedure where the applicant is not entitled 1) If a third party provides evidence that he has instituted proceedings against the applicant seeking a decision within the meaning of Article 61, paragraph 1, the proceedings for grant shall be stayed unless the third party communicates to Patent Office in writing his consent to the continuation of such proceedings. Such consent shall be irrevocable. However, proceedings for grant shall not be stayed before the publication of patent application. 2) Where evidence is provided that a final decision within the meaning of Article 61, paragraph 1, has been taken, Patent Office shall inform the applicant and any other party that the proceedings for grant shall be resumed as from the date stated in the communication, unless a new European patent application under Article 61, paragraph 1(b), has been filed for all the designated Contracting States. If the decision is in favour of the third party, the proceedings may not be resumed earlier than three months after the decision has become final, unless the third party requests the resumption. (3)Upon staying the proceedings for grant, or thereafter, Patent Office may set a date on which it intends to resume the proceedings for grant regardless of the stage reached in the national proceedings instituted under paragraph 1. It shall communicate this date to the third party, the applicant and any other party. If no evidence has been provided by that date that a final decision has been taken, Patent Office may resume proceedings. (4)All periods other than those for the payment of renewal fees, running at the date of the stay of proceedings, shall be interrupted by such stay. The time which has not yet elapsed shall begin to run as from the date on which proceedings are resumed. However, the time still to run after such resumption shall not be less than two months. As from the date on which a third party provides evidence that he has instituted national proceedings under Rule 13, paragraph 1, and up to the date on which the proceedings for grant are resumed, neither patent application nor the designation of any may be withdrawn. Procedure under Article 61, paragraph 1 (1) A person entitled to the grant of a European patent may only avail himself of the remedies under Article 61, paragraph 1, provided that: (a)he does so no later than three months after the decision recognising his entitlement has become final, and (b)patent has not yet been granted. (2) Such remedies shall only apply in respect of Contracting States designated in patent application in which the decision has been taken or recognised or must be recognised on the basis of the Protocol on Recognition. Filing of a new European patent application by the entitled person 1)Where the person adjudged by a final decision to be entitled to the grant of patent files a new European patent application under Article 61, paragraph 1(b), the original application shall be deemed to be withdrawn on the date of filing the new application for the Contracting States designated therein in which the decision has been taken or recognised or must be recognised on the basis of the Protocol on Recognition. 2)The filing fee and search fee shall be paid within one month of filing the new application. If the filing fee or search fee is not paid in due time, the application shall be deemed to be withdrawn. 3)The designation fees shall be paid within six months of the date on which Patent Bulletin mentions the publication of search report drawn up in respect of the new application. Rule 25c, paragraphs 2 and 3, shall apply. Partial transfer of the right to patent (1)If a final decision determines that a third party is entitled to the grant of a European patent in respect of only part of the subject-matter disclosed in the original European patent application, Article 61 and Rules 14a and 15 shall apply to such part. (2)Where appropriate, the original European patent application shall contain, for the designated Contracting States in which the decision was taken or recognised or must be recognised on the basis of the Protocol on Recognition, claims, a description and drawings which are different from those for the other designated Contracting States. Mention of the inventor Designation of the inventor 1)The request for grant of a European patent shall contain the designation of the inventor. However, if the applicant is not the inventor or is not the sole inventor, the designation shall be filed in a separate document. The designation shall state the family name, given names and full address of the inventor, contain the statement referred to in Article 81 and bear the signature of the applicant or his representative. 2)Patent Office shall not verify the accuracy of the designation of the inventor. 3)If the applicant is not the inventor or is not the sole inventor, Patent Office shall communicate to the designated inventor the information in the document designating him and the following data: (a)the number of patent application; (b)the date of filing of patent application and, if priority has been claimed, the date, State and file number of the previous application; (c)the name of the applicant; (d)the title of the invention; (e)the Contracting States designated. (4) The applicant and the inventor may invoke neither the omission of the communication under paragraph 3 nor any errors contained therein. Publication of the mention of the inventor (1)The designated inventor shall be mentioned in the published European patent application and patent specification, unless he informs Patent Office in writing that he has waived his right to be thus mentioned. (2)Paragraph 1 shall apply where a third party files with Patent Office a final decision determining that the applicant for or proprietor of a European patent is required to designate him as an inventor. Rectification of the designation (1)An incorrect designation of an inventor shall be rectified upon request and only with the consent of the wrongly designated person and, where such a of an inventor request is filed by a third party, the consent of the applicant for or proprietor of the patent. Rule 17 shall apply mutatis mutandis. (2)Where an incorrect designation of the inventor has been recorded in Patent Register or published in Patent Bulletin, its rectification or cancellation shall also be recorded or published therein. Registration of transfers, licences and other rights (1)The transfer of a European patent application shall be recorded in Patent Register at the request of an interested party, upon production of documents providing evidence of such transfer. (2)The request shall not be deemed to have been filed until an administrative fee has been paid. It may be rejected only if paragraph 1 has not been complied with. (3)A transfer shall have effect vis-à-vis Patent Office only at the date when and to the extent that the documents referred to in paragraph 1 have been produced. Registration of licences and other rights 1)Rule 20, paragraphs 1 and 2, shall apply mutatis mutandis to the registration of the grant or transfer of a licence, the or transfer of a right in rem in respect of a European patent application and any legal means of execution affecting such an application. 2)A registration under paragraph 1 shall be cancelled upon request, supported by documents providing evidence that the right has lapsed, or by the written consent of the proprietor of the right to the cancellation of the registration. Rule 20, paragraph 2, shall apply. Special entries for licence registrations A licence in respect of a European patent application shall be recorded (a)as an exclusive licence if the applicant and the licensee so request; (b)as a sub-licence where it is granted by a licensee whose licence is recorded in Patent Register. Within four months of filing patent application, the applicant shall file the certificate referred to in Article 55, paragraph 2, which shall: (a)be issued at the exhibition by the authority responsible for the protection of industrial property at that exhibition; (b)state that the invention was in fact displayed there; (c)state the opening date of the exhibition and, where the invention was disclosed later than on that date, the date on which the invention was first disclosed; and (d)be accompanied by an identification of the invention, duly authenticated by the above-mentioned authority. Prior applications as state of the art (1)For European patent applications and patents concerning biotechnological inventions, the relevant provisions of the Convention shall be applied and interpreted in accordance with the provisions of this chapter. Directive 98/44/EC of 6 1998 on the legal protection of biotechnological inventions shall be used as a supplementary means of interpretation. (2)"Biotechnological inventions" are inventions which concern a product consisting of or containing biological material or a process by means of which biological material is produced, processed or used. (3)"Biological material" means any material containing genetic information and capable of reproducing itself or being reproduced in a biological system. (4)"Plant variety" means any plant grouping within a single botanical taxon of the lowest known rank, which grouping, irrespective of whether the conditions for the grant of a plant variety right are fully met, can be: (a)defined by the expression of the characteristics that results from a given genotype or combination of genotypes, (b)distinguished from any other plant grouping by the expression of at least one of the said characteristics, and (c)considered as a unit with regard to its suitability for being propagated unchanged. (5)A process for the production of plants or animals is essentially biological if it consists entirely of natural phenomena such as crossing or selection. (6)"Microbiological process" means any process involving or performed upon or resulting in microbiological material. Patentable biotechnological inventions Biotechnological inventions shall also be patentable if they concern: (a)biological material which is isolated from its natural environment or produced by means of a technical process even if it previously occurred in nature; (b)plants or animals if the technical feasibility of the invention is not confined to a particular plant or animal variety; (c)a microbiological or other technical process, or a product obtained by means of such a process other than a plant or animal variety. Under Article 53(a), European patents shall not be granted in respect of biotechnological inventions which, in particular, concern the following: (a)processes for cloning human beings; (b)processes for modifying the germ line genetic identity of human beings; (c)uses of human embryos for industrial or commercial purposes; (d)processes for modifying the genetic identity of animals which are likely to cause them suffering without any substantial benefit to man or animal, and also animals resulting from such processes. The human body and its elements (1)The human body, at the various stages of its formation and development, and the simple discovery of one of its elements, including the sequence or partial sequence of a gene, cannot constitute patentable inventions. (2)An element isolated from the human body or otherwise produced by means of a technical process, including the sequence or partial sequence of a gene, may constitute a patentable invention, even if the structure of that element is identical to that of a natural element. (3)The industrial application of a sequence or a partial sequence of a gene must be disclosed in the patent application. Requirements of European patent applications relating to nucleotide and amino acid sequences (1)If nucleotide or amino acid sequences are disclosed in patent application the description shall contain a sequence listing conforming to the rules laid down by the President of Patent Office for the standardised representation of nucleotide and amino acid sequences. (2)The President of Patent Office may require that, in addition to the written application documents, a sequence listing in accordance with paragraph 1 be submitted on a data prescribed by him accompanied by a statement that the information recorded on the data is identical to the written sequence listing. (3)If a sequence listing is filed or corrected after the date of filing, the applicant shall submit a statement that the sequence listing so filed or corrected does not include matter which goes beyond the content of the application as filed. (4)A sequence listing filed after the date of filing shall not form part of the description. Deposit of biological material (1) If an invention involves the use of or concerns biological material which is not available to the public and which cannot be described in patent application in such a as to enable the invention to be carried out by a person skilled in the art, the invention shall only be regarded as being disclosed as prescribed in Article 83 if: (a)a sample of the biological material has been deposited with a recognised depositary institution not later than the date of filing of the application; (b)the application as filed gives such relevant information as is available to the applicant on the characteristics of the biological material; (c)the depositary institution and the accession number of the deposited biological material are stated in the application, and d) where the biological material has been deposited by a person other than the applicant, the name and address of the depositor are stated in the application and a document is submitted to Patent Office providing evidence that the latter has authorised the applicant to refer to the deposited biological material in the application and has given his unreserved and irrevocable consent to the deposited material being made available to the public in accordance with Rule 23i. (2) The information referred to in paragraph 1(c) and, where applicable, paragraph 1(d) may be submitted (a)within a period of sixteen months after the date of filing of the application or, if priority has been claimed, after the priority date, this time limit being deemed to have been met if the information is communicated before completion of the technical preparations for publication of patent application; (b)up to the date of submission of a request under Article 93, paragraph 1(b);