ORGANIZACIÓN MUNDIAL 
DEL COMERCIO IP/N/1/GRC/P/2 
17 de julio de 1996 
Consejo de los Aspectos de los Derechos de Propiedad 
Intelectual relacionados con el Comercio (96-2814) 
Original: inglés 
PRINCIPALES LEYES Y REGLAMENTOS DEDICADOS A LA 
PROPIEDAD INTELECTUAL NOTIFICADOS EN VIRTUD 
DEL PÁRRAFO 2 DEL ARTÍCULO 63 DEL ACUERDO 
En el presente documento se reproducen1 las leyes y reglamentos siguientes, notificados por 
Grecia en virtud del párrafo 2 del artículo 63 del Acuerdo (véase el documento IP/N/l/GRC/1): 
Decisión Ministerial Nº 15.928/EFA/1253, publicada en el 
Boletín Oficial (FEK) 778 B '/31 de diciembre de 1987 
Decisión Ministerial Nº 5326/EFA/485, publicada en el 
Boletín Oficial (FEK) 247 B' /27 de abril de 1988 
Decreto Presidencial Nº 77/1988, publicado en el 
Boletín Oficial (FEK) 33 A' /25 de febrero de 1988 
Decreto Presidencial Nº 16/1991, publicado en el 
Boletín Oficial (FEK) 6 A' /24 de enero de 1991 
1En inglés solamente. 2 
7 
8 
14 IPIN/1/GRC/P/2 
Page 2 
1\1lNISTEH'S DECISION No. 1S92H/EFA/12S3 (FEK 77H, B' of 31/12/1987) 
"Filing of applications for the grant of patents or utility model certificates with O.B.1. 
and keeping of record books. 
THE MINISTER 
OF INDUSTRY, ENERGY, 
AND TECHNOLOGY 
Considering: 
1. The provisions of Articles 4, para­
graph 4, 7 paragraph 11 and article 19 
paragraph 140fLawN.1733/1987related 
to "Technology transfer, inventions, tech­
nological innovation and establishment of 
an Atomic Energy Commitee" (Official 
Journal 171, A'); 
2, The provisions of Law N. 1558/1985 
related to "Government and Governing 
Bodies"; 
3. The proposal of the Administrative 
Council of O.B.I. concerning filing of 
applications with O.B.!. for the grant of 
patents or utility model certificates and for 
keeping the books according to the 
minutes (No. 3), dated 22.12.l987, of the 
third session of the Administrative Council 
of O.B.I., 
decides on the following: 
CHAPTER 1 
GENERAL PROVISIONS 
Article 1. 
Definitions 
The following are meant for the 
application of this decision: 
a. By the name "O.B.I." the Industrial 
Property Oganisation (O.B.I.), with seat in 
Athens (Law N. 1733/1987). 
b. By the name "Patent application", 
the application for the grant of a patent. c. By the name "Utility model certi­
ficate application", the application for the 
grant of a utility model certificate. 
Article 2. 
\Vorking days 
The number of the working days for 
O.B.I. are identical to those followed by 
the Ministry of Industry, Energy, and 
Technology. 
Article 3. 
Representation 
1. The right of appearing in person or 
filing documents before O.B.1. is attributed 
to the beneficiaries of patent applications 
or utility model applications or to their 
representative lawyer. 
2. The representative lawyer shall justify 
his authorisation by submitting to O.B.1. 
the related document. The originality of 
the signature of the mandatory shall be 
attested by a notary public or a public 
authority. \ 
3. If the applicant of a patent or utility 
model certificate has no residence or seat in 
Greece, he shall nominate a representative 
and declare that he will be submitted to the 
jurisdiction of the Courts of Athens. 
CHAPTER 2 
FILING OF A PATENT APPLICATION 
Article 4. 
Filing of the application I. "hl' piltl'1l1 jlpplic:ttioll shall he riled 
with O.ILI. ill duplicatl' and sl1;dlmcl't till' 
rn' H'q \I isi It's or ~I 1'1 iell..' 7, p;na gr;I phs I and 
2 or Law N. 17J.l/I{)X7. Till..' description, 
t he cIa ims a Ild the abst rac! may be filed 
either in Greek, or in English, in French or 
in Germ;! n. 1 n the second case the 
translation shall he provided within four 
months as provided by article 7, paragraph 
9 of Law N. 1733/1987. According to 
article 7, paragraph 2 of Law N. 
1733/1987, t he a ppl icant may a Iso provide 
any eventual explanation if nccessary 
within the said period. 
2. O.B.I. provides the application form 
for the completion of the prerequisites of 
the relevant subject matter of the appli­
cation for the grant of patents or utility 
model certificates. The form and the 
content of these application forms are 
determined by decision of the Admini­
strative Council of O.B.I. 
3. The patent application can be also 
filed by a registered letter. In this case, as 
filing date is considered the date of receipt 
of the application by O.B.I. 
Article 5. 
Description of the Invention 
1. The description of the invention shall 
first state the title of the invention menti­
oned in the patent application. 
2. The description shall: 
a. Determine the technical field to which 
the invention relates. 
b. Indicate the state of the previous art 
which according to the applicant's opin­
ion, can be regarded as useful for under­
standing the invention. Eventual docu­
ments reflecting the sta te of the previous 
art may be noted in the description. 
c. Determine the invention, as defined 
in the claims by appropriate technical 
terms so that the problem and its solution 
can be understood. IP/N/lIGRC/P/2 
Page 3 
d. PIl'St'llt thl' ;IdV;Jlltagrs of tllc illven­
tiolJ, if;II)Y. illlCLllioll 10 tllc plcvi()lIsstate 
or I he ;111. 
l' . H ri c n Y <. le s r r i h l' the fi g III L' S i Jl the 
d ra wi ngs, if' (J fly. 
f. Define in details one way at least of 
carrying out the invention claimed using 
examples. 
g. Explicity clarify the way in which the 
invention can be applied in industry. 
Article 6. 
Claims of the invention 
1. The claims of the invention define the 
extcnt and the content of the required pro­
tection based on the technical features of 
the invention. 
2. Wherever appropriate the claims 
shall contain: 
a. A statement indicating the designa­
tion of the subject matter of the invention, 
and those technical features which are 
necessary for the definition of the subject 
matter and which in combination are part 
of the state of the art. 
b. A characteristic part stating the tech­
nical features of the invention which, in 
combination with the sub -paragraph (a) 
determine the required protection. 
3. The patent application shall contain 
one at least or more claims. If there are more 
than one claims, they shall be numbered 
consecutively in arabic numerals. 
4. The claim referring to the main fea­
tures of an invention (main claim) may be 
followed by another or other particular 
claims containing all the features of other 
claims (dependent claims). 
5. In the beginning of the dependent 
claim there is mentioned, if possible, the 
principal or dependent claim or claims to 
which it relates and then the additional 
features for which protection is sought. 
6. Claims shall not rely on references to 
the description or dra wings, such as: "as IP/N/lIGRC/P/2 
Page 4 
dcscriht:d .......... or till' description", or 
"as illuslrateo in figure of tile 
d ra wi ngs". 
7. The patent application may, in par­
ticular, include: 
a. A main claim for a product, a main 
claim for the method of production and a 
main claim for the use of said product, or. 
b. A main claim for the method, a main 
claim for a mechanism or means specifical­
ly designed for carrying out the method, 
or. 
c. A main claim for a product, a main 
claim for the method for the production 
and a main claim for a mechanism or 
means for carrying out the method. 
Article 7. 
Abstract of the invention 
1. The abstract shall indicate the title of 
the invention and contain a brief mention 
of the information stated in the descrip­
tion, in the claims and in the drawings. In 
particular, it contains: 
a. The definition of the technical field to 
which the invention relates thus facilitating 
its classification. 
b. Reference to the way of solving the 
technical problem of the invention 
concerned. 
c. The principal use or uses of the 
invention. 
d. The chemical formula which caracte­
rises the invention, if any. 
. 2. The abstract shall not contain state­
ments of the alleged merits or awards for 
the evaluation of the invention. 
3. If possible, the abstract shall not 
exceed one hundred and fifty words. 
4. The abstract must refer to the draw­
ings accompanying the application, if any. 
Article 8. 
Form of the drawings I. T h l' 1I s; I hies \I r fa l'l' it re ash all not 
exceed 2(» CIll )( 7 CIll. These sheets shall 
not conla i 11 fra J1)cs Lt rou nd t he used 
su rf(:.l cc. 
2. The minimum margins around the 
drawing shall be (:.IS follows: 
a. Top 2,5 cm 
b. Left side 2,5 cm 
c. Rights side 1,5 cm 
d. Bottom 1,0 cm 
3. The drawings shall be subject to the 
following limitations: 
a. Drawings shall be executed in black 
lines and durable signs. The lines shall be 
dense, well defined, uniformly thick, with­
out colourings. 
b. Cross-section shall be indicated by 
hatching which should not impede the clear 
reading of the leading lines. 
c. The scale of the drawings and their 
graphical execution shall be such that a 
photographic reproduction with a linear 
reduction in size to two-thirds would be 
carried out. 
d. Numbers, letters and reference signs 
may be used specifying the drawings. 
Brackets, circles, or inverted commas shall 
not be used in association with numbers 
and letters. The height of the numbers and 
letters shall not be less than 0,32 cm. For 
the lettering of drawings the Latin and 
Greek alphabets shall be used. 
e. The lines of the drawings shall be 
drawn with the aid of drafting instruments. 
f. Drawings shall be numbered consecu­
tively in arabic numerals independently of 
the numbering of the sheets. 
g. Diagrams are considered as drawings. 
Article 9. 
Presentation of the documents 
of the application 
I. The documents of the application 
forn1 of the patent or the utility model ccrtirir:ltr sll;dllw susceptihle to leproduc­
tioll by photography, electrostatic pro­
CCSSl'S, photo orfset, ,IIHllllino-rilming to 
Q n unlimited number of copies. The sheets 
shall be free from cracks, creases, and 
folds. Only onc side of the sheet shall be 
used. 
2. Tile documents shall be on A4 paper 
(29,7 cm x 24 cm), white, smooth, matt,plia­
ble and durable. Each sheet shall be used 
from the top to the bottom. (Upright 
position). 
3. Each document shall commence on a 
new sheet. The sheets shall be connected 
with clips in such a way that they can be 
easily separated. 
4. Subject to article 8, paragraph 2 of 
the present decision, the minimum margins 
shall be as follows: 
a. Top 
b. Left side 
c. Right side 
d. Bottom 
The maximum margins 
shall be as follows: 2,0 cm 
2,5 cm 
2,0 cm 
2,0 cm 
of the 
a. Top 4,0 cm 
b. Left side 4,0 cm 
c. Right side 3,0 cm 
d. Bottom 3,0 cm sheets 
5. All application sheets must be num­
bered in consecutive arabic numerals. The 
numerals shall be placed at the top of the 
sheet, in the middle but not in the top 
margm. 
6. The lines of each sheet of the descrip­
tion and of the claims shall be numbered in 
sets of five. The num bers shall be noted on 
the left side to the right of the left margin. 
7. All documents shall be typed or 
printed. Only graphic symbols and chemi­
calor mathematical formula may be writ­
ten by hand. The characters shall be in 
dark colour. 
8. Units of measures shall be expressed 
in terms of the metric system. Tempera-IP/N/lIGRC/P/2 
Page 5 
tUles sl1;dlllL' expressed ill ('t'lsills degrees. 
For the oll1l'1 physical vallll's till' units re­
cognised in illtern;ltioll;d practice shall be 
used. 
9. The terminology and the signs of the 
a ppl ica t ion sha II be consistent. 
] O. The sheets shall be free from era­
sures, over\\'Titings and intcrlineations. 
CHAPTER 3 
FINAL DISPOSITIONS 
Article] O. 
Registration of the patent application 
The patent application shall be recorded 
in the Register Book, Volume A', 
"National applications", by proportional 
application of the dispositions of articles 2 
and 3 of the Law N. 4325/1963 on "the 
inventions concerning the national defence 
of the country". 
Article 11. 
Utility model certificate application 
1. The dispositions of the present deci­
sion, with the exception of article 10, are 
applied also to the utility model certificate 
applications. 
2. The utility model application or the 
declaration for the conversion of a patent 
application to utility model application is 
recorded in the application Register Book 
with the indication "Utility :Model Certifi­
cate Applications". 
Article] 2. 
Practice details 
Regulations on keeping the Register 
Books and on other formal procedures for 
the filing of the patent or utility model IP/N/lIGRC/P/2 
Page 6 
applications arc set by decision or the 
Administrative Council of O.B.I. 
Article 13. 
Entry into force 
The entry into force of the present deci-sion shall stint as from the date of its puhli­
cation in the Official Journal of' the 
Government. 
The present decision shall be published 
in the Official Journal of the Government. IP/N/lIGRC/P/2 
Page 7 
MINISTElfS DECISION No 5326/EFA/4H5 (FEK 247, B' of 27/4/19HX) 
"Technology transfer contract registration form" 
THE MINISTER OF INDUSTRY, 
ENERGY, AND TECHNOLOGY 
considering 
1. The provisions of article 22, para­
graph 5 of Law N. 1733/1987 related to 
"Technology Transfer, inventions, tech­
nological innovation, and establishment of 
an Atomic Energy Committee" (Official 
Journal, FEK 171,A); 
2. The provisions of Law 1558/1985 
"Government and Governing Bodies" 
(t:EK 13,A); 
3. The minutes of the 12th session of the 
Administrative Council of the Industrial 
Organisation dated 13.3.1988, 
decided on the following: 
Article 1. 
Technology Transfer Registration Form 
By virtue of Article 22 of Law 
1733/1987, the Industrial Property Orga­
nisation (O.B.I.) provid~s a special form to 
be completed by the contracting party or 
parties. 
Article 2. 
Obligatory information 
The following shall be completed by the 
contracting party or parties in order for the 
technology transfer contract to be regi­
stered: 
a. Full name or name oflegal entity and 
complete address of the technology 
recipient. 
b. Full name or name oflegal entity and 
complete address of the supplier. c. The subject matter of the contract 
and the products or services referred 
thereto. 
d. The date of the conclusion, the 
beginning of the practice and the expiration 
of the validity of the contract as well as its 
period of validity. 
e. The general content of the contract 
and the type of the co-operation with the 
technology supplier (license, technical 
assistance, management, administration, 
turn key, associated production or other). 
Article 3. 
Optional information 
If desirable, the contracting party or 
parties aiming at registering a technology 
transfer contract may state in the form any 
eventual participation in % of the 
technology supplier to the share capital of 
the recipient. 
Article 4. 
Elaboration of the form -Additions 
1. O.B.I. shall elaborate and provide 
printed the above mentioned form for 
technology transfer contracts. 
2. The Administrative Council ofO.B.I. 
may come to a decision on the addition to 
the form of new optional information. 
Article 5. 
Entry into force 
The present decision shall enter into 
force upon its publication in the Official 
Journal of the Government. 
The present decision shall be published 
in the Official Journal of the Government. IP/N/lIGRC/P/2 
Page 8 
PHESIDENTIAL ))ECHEE No. 77/19HX (FEK :n, A' of 2S/2/19HH) 
.. ) I1lpll'Illl'l1ting regula I iOlls of the Conn'nt ion on (he grant of Europca n pa tents as 
ratified by Law N. 1607/19X(," 
THE PRESIDENT 
OF THE HELLENIC REPUBLIC 
Considering: 
1. The provisions of article 23, para­
graph 10 of Law N. 1733/1987 on 
"Technology transfer, inventions, techno­
logical innovation, and establishment of 
an Atomic Energy Committee" (Official 
Journal -FEK 171, A'). 
2. The provisions of Law N. 1558/1985 
"Government and Governing Bodies 
(Official Journal -FEK 13, A' ). 
3. The opinion No. 771/87 of the 
Council of State, issued after a proposal by 
the Minister of Industry, Energy, and 
Technology, we decide on the following: 
CHAPTER 1 
GENERAL PROVISIONS 
Article 1. 
Application field 
The present Presidential Decree shall be 
applied for applications for the grant of 
European patents and for European 
patents causing legal effects within the 
territory of Greece. 
Article 2. 
Definitions 
The following is meant for applying of 
the present decree: 
a. \Vith the name of "O.B.I.", the 
Industrial Property Organisation (O.B.I.) 
with seat in Athens (art. I, Law N. 
1733/1987); b. Under the term "Convention", the 
Convention for the grant of European 
patents ratified by Greece, by Law N. 
]607/1986 (Official Journal 85, A'); 
c. Under the term "EPO", the European 
Patent Office as defined in the Convention; 
d. Under the term "European appli­
cation",the application for the grant of a 
European patent; 
e. Under the term Bulletin, the Indus­
trial Property Bulletin published by O.B.I. 
(art. 4, Law 1733/1987); 
f. Under the term "certified trans­
lation", the translation made by a lawyer 
or an authority competent in certifying 
transla tions. 
CHAPTER 2 
RECEIVING OF A EUROPEAN 
APPLICATION BY O.B.I. 
Article 3. 
Filing of the application 
1. European patent applications may be 
filed either with O.B.I. at its seat in Athens 
or eventually at its branches. Divisional 
European applications shall exempt as 
they are to be directly filed with EPO. 
2, A European application must be filed 
with O.B.I. in case the applicant is a Greek 
citizen and there is not claimed a priority 
based on an earlier Greek application. 
Article 4. 
Language of the Application 
]. The European application shall be dl:lWIl-lIP citllcl ill (irl'l'k or ill onc of the 
h!llgllagl' Illentiollcd in article 14, para­
graph I of till' Convention, i.c. German, 
English or h cncll. 
2. In case the application is not drawn 
up in Grcck,<1 translation thereofin Greek 
must be attached thercto. 
Article 5. 
Documents of the Application 
The European application must include 
at least the documents indicated by Article 
80 of the Convention, namely: 
a. Written application indicating that a 
European patent is sought containing the 
full name and the address of residence or 
seat of the applicant; 
b. Designation of one at least Con­
tracting State; 
c. Description of the invention; 
d. One or more claims. 
Article 6. 
Receiving of the application 
1. The responsible employee of O.B.I. 
shall receive the European application, 
note the date of receiving thereon and on 
each supporting document as well, give 
registration number out of the Register 
Book for European applications, and 
immediately issue a receipt. 
2. The number and the type of the 
supporting documents as well as the date 
of filing must be written on the receipt. 
Article ·7. 
Registration of the application 
1. The European application shall be 
registered in the Register Book kept by 
O.B.I. in accordance with the national 
legistation currently in force and the rules IP/N/lIGRC/P/2 
Page 9 
concerning the secrecy for the national 
patcllts. 
2. The B()ok shall hc indicated as 
Register Book, Volume H', "European 
application", part A' and shall he kept 
separately from the respective Book for 
national applications. The numbering of 
the pages of the Book begins on the first 
day of each year and the numbering of the 
applications received by O.B.1. follows the 
practice of EPG, in accordance with article 
6 of the present presidential dccreee. 
Article 8. 
Forwarding of the European applications 
to the EPG 
Following the deadlines of articles 3 and 
4 of LawN. 4325/1963 "Regarding 
inventions concerning the national defence 
of the country", O.B.I. forwards without 
delay the European patents to the EPO. 
CHAPTER 3 
TRANSLATIONS 
Article 9. 
Filing of Translations 
1. The translation of the claims of the 
European application must be filed in 
duplicate with O.B.I. and be accompanied 
by the receipt of payment of the respective 
application fee. In case of non-payment of 
the fee, O.B.I. reserves the right of not 
publishing in the Bulletin the notification 
mention for the filing of the translation of 
the claims. 
2. The European application number, 
the name and the address of the applicant, 
the number of the publication of the 
European application by the EPO and the 
Greek translation of the title of the 
Invention must accompany the translation IP/N/1/GRC/P/2 
Page 10 
o r t Ill' J: III () P L' ; I 11 ; \ p P J i l' Cl tit) 11 l" I iI i III ~ and 
1l1ll:--1 hL' I"ikd ill dllplic;lIc alnll!!, wilh 11ll' 
applicatioll wilh O.B.1. In else or priority 
( I a i III the n: s p L' C t i \' l' i 11 1"0 r III a t i Oil mu s t be 
(lbo stated. 
3, The translation together with the 
supporting documcnts arc accepted by 
O. U.1. providcd t ha t t he forma I pre­
requisitcs or Hulc 35, (3) to (14) of the 
implemcnting Regulations to the Con­
vention are met. 
4. Thc translation of the Europcan 
application claims is recorded in the 
Register Book indicated Volume B' , Part 
B' "European Application Translations". 
The numbering of the pages starts on the 
first day of each year. 
5. After the publication date, infor­
mation orcopies of the translation and the 
accompanying documents are available for 
consultation. 
Article 10. 
Translation of European patents 
where Greece is designated 
The applicant of the European appli­
cation is beneficiant of the provisional 
protection in accordance with article 23 
(2), Law N. 1733/1987 from the date the 
certified translation of the claims was filed 
with O.B.I. As filing date is meant the date 
of publication of the relevant mention in 
the Bulletin. 
Article 11. 
Translation of the European patent 
1. \Vithin three months from the 
publication in the European Patent 
Bulletin of the n1ention of the grant of the 
European patent or of the decison for its 
maintainance in force under modified 
form after examination of the relevant () P P () \ I11 () 11 , ,Ill' P Cl \ l' nIL' l' 11111 \ t ri k wit h 
O.ILI. till" lTllif"icd 11;ln~I;lti()1l or I Ill' text 
thaltl1r I-.I'() 11;1\ heen h;\\L'd 011, in oldcrto 
gr;lJltlllc I-:tlropc;J/l patl'nt 0110 ll1aintain it 
undn its modified form. 
2. Till' European patent shall he deemed 
automaticllly invalid in Greece, irthc term 
set in par;lgraph I expires. 
Article ]2. 
Filing of the translation of the 
Eu ropca n pa tent 
1. The translation ofa European patent 
must be filed with O.B.I. in duplicate and 
be accompanied by the fee payment 
receipt. I n case of failure to pay the fee, 
O.B.I. does not publish the mention of 
filing the translation of the European 
patent. 
2. The translation and the accompany­
ing documents are accepted by O.B.I. 
provided that the formal requirements of 
Rules 32 and 35 (3) to (14) of the 
Implementing Regulations of the European 
Patent Conve'ntion are met. 
3. The translation must be accompanied 
by the European application number, the 
name, and the address of the applicant and 
the number of the publication of the 
mention of grant of the European patent. 
In case that the EPO maintains the 
European patent as modified after the 
examination of the respective opposition, 
the modified translated text is attached to 
the initial translation. 
4. Two copies of the drawings in the 
European patent specification must be 
supplied with the translation, even if these 
contain no textual mat'ter reqUITIng 
translation. Moreover, two copies of the 
patent abstract translated into Greek must 
be also supplied. Artirle JJ. 
I'u hi iC:I t il)11 ()f" tile t la Ilsla t ion 
of the LIJI ope;l)) patent 
I. n.B.1. publishcs in thc Bulletin thc 
mention or the filing of the translation of 
thc Europcan patcnt. 
2. After thc publication date, third 
parties can be supplied \"ith information or 
copies of the translation and thc ac­
companying documcnts upon rcquest. 
3. O.B.1. may proceed to publishing a 
periodical or special issue containing the 
translations of the European patents and 
lor the European applications. 
4. Spelling or syntax mistakes in the text 
of the translations may be corrected at any 
time by the applicant. For the correction 
the applicant must designate the issue 
number and the date of publication of the 
mention in the Bulletin, if the incorrect 
translation has already been published. 
CHAPTER 4 
AUTHENTIC TEXTS -
RIGHTS OF THIRD PARTIES 
Article 14. 
Authentic text of a European patent 
application or European patent 
1. Authentic text for any proceedings 
before the Greek authorities is considered 
the text of the European application or 
European patent as compiled in the 
language of the proceedings of the EPO. 
2. With the exception of paragraph 1, if 
the text translated in Greek in accordance 
with articles 9 and 11 of the present decree 
provides for a narrower protection than in 
the text according to the language of the 
procedure before the EPO, as authentic is 
considered the text in Greek for any 
procedure before the Hellenic authorities. IP/N/1/GRC/P/2 
Page 11 
Actioll .... of Illlllificllioll ;tll' cxcmpt 
t h l' n:f'JoJll. 
Article J5. 
Heviewing of translation 
I n the case of pa ragraph 2 of a rticlc 14, 
the beneficiary ofllle European application 
or European patent may file with O.B.l., 
whenever dcsira ble a reviewed t ra nsla tion 
of thc European application or European 
patent. The reviewed translation shall be in 
force from thc date that the prerequisites of 
articles 9, ] 0, J I and 12 of this decree are 
met. 
Article 16. 
Rights emanating from a 
previous exploitation 
A person using an invention in good 
faith or who has proceeded to all necessary 
action for the exploitation thereof, without 
infringing any right emanating from the 
European application or European patent 
based on the text of the initial transla tion, 
may continue such use without payment in" 
the course of his business or for the needs 
thereof, even after the entry into force of 
the revie\ved translation. 
CHAPTER 5 
FEES -REPRESENTATION 
Article 17. 
Payment of fees -Consequences 
]. For the maintainance of a European 
patent in force in Greece annual fees must 
be paid to O.B.I. in advance. The article 24 
of Law N. 1733/87 concerning annual 
protection fees for national patents is 
respectively applied thereto. 
2. The first installment of annual IP/N/lIGRC/P/2 
Page 12 
protectioJl fce~ 1(\1 a Fu\opr:lll pall'llt with 
rUIL'l' ill (illTlT is dlle to O.B.1. for tilt: year 
following the pllblicatioll ill tile i.:uropean 
Patent Bulletin of tile Illcntion oftht: grant 
of the European patent. The calculation of 
the years starts from the date offiling of the 
European application. 
3. In case that article 16 of Law N. 
1733/1987 is applied, the loss of rights is 
published in the Bulletin and registered in 
the common Patent Register, Volume B' , 
"European Patents". 
Article 18. 
Fees 
The amount offees payable to O.B.I. for 
the translation of the European application 
or the European patent is determined by 
decision of the Administrative Council of 
O.B.I. in accordance with article 24 (6) of 
Law N. 1733/1987. 
Article 19. 
Representa tion 
1. For the application of this pre­
sidential decree, the right of appearing in 
person or filing documents with O.B.I. is 
given solely to the beneficiary of a 
European application or European patent 
or a representative lawyer. 
2. The right of filing of an application 
for the grant of European patents with 
O.B.I. is also acknowledged to the 
professional representatives in accordance 
with articles 133 and 134 of the Con­
vention. 
3. Any beneficiary with neither re­
sidence nor seat in Greece must nominate a 
domestic representative. 
CHAPTER 6 
CONVERSION -CUMULATIVE 
PROTECTION ;\rliril' 20. 
( 'i IClIlll." t a !lees f() r con vcrsi on 
Tile heneficiary of i.l Europciln ap­
plication may request in writing the 
conversion of the Eu ropea n a ppl ica lion 
into Cl national patent application. This 
conversion is allowed when the European 
application is deemed withdrawn for onc 
of the following reasons: 
a. The application has not been sent to 
the EPO within 14 months following the 
filing or the priority date, if priority is 
claimed; 
b. The European application has been 
filed in G reek and its transla tion in 
accordance with article 14 (2) has not been 
filed with EPO within the term imposed by 
Rule 36 of the Implementing Regulations 
of the Convention. 
Article 21. 
Procedure for the Conversion 
1. The request for the conversion in 
accordance with article 20 of this pre­
sidential decree must be filed with O.B.I. in 
duplicate within an exclusive deadline of 
three months from the date that the EPO 
notified the applicant that the application 
has been deemed withdrawn. Articles 135 
and 136 of the Convention are pro­
portionally apphed. Receipt of payment to 
O.B.I. of the filing fee and of the first 
renewal fee as provided by the national 
legislation is annexed to said request. 
Otherwise the request shall be deemed 
withdrawn. 
2. Within four months of the filing of 
the application for conversion, the appli­
cant must file in duplicate a Greek 
translation of the European application. 
Otherwise the application shall be deemed 
withdrawn. 
3. Requests for conversion are entered In the HL'cords Book, Volullle 
"National (lpplic;ltioJls". 
Article 22. 
Cases of cumulative protection A' , 
1. If a national and a European patent. 
with force in Greece have been granted for 
the same invention to the same inventor or 
patentee under the same filing or priority 
date, the Greek patent shall cease being in 
force as from the date on which: 
a. The term for filing an opposition with 
EPO has expired or, 
b. The examination procedure of the 
opposition has come to an end and the 
European 'patent remains in force. 
2. Later nullification or cease offorce of 
the European patent does not affect the 
application of paragraph 1. 
3. The Greek Courts are competent to 
ascertain the cease of force of the Greek 
patent. 
CHAPTER 7 
REGISTER -FINAL REGULATIONS 
Article 23. 
Registering 
1. O.B.I. records in the patent Register, IP/N/lIGRC/P/2 
Page 13 
Volllmc B' , "European Patents", the data 
relatcd to European patents and included 
in the European Patent Register, in 
accordance with Rule 92 of the Imple­
menting Regulations or the Convention. 
2. The Register shall include only those 
European patents which have been pu­
blished in the European Patent Bulletin, 
arc in-force in Greece and for which the 
procedure of articles 11 and ] 2 of the 
present decree has been respected. 
3. European patents recorded in the 
Patent Register shall be published in the 
Industrial Property Bulletin. 
Article 24. 
Entry into Force 
This presidential decree shall enter into 
force on the date of its publication in the 
Official] ournal of the Government. 
The publication and execution of this 
decree shall be accomplished by the 
Minister of Industry, Energy, and Tech­
nology. IP/N/1/GRC/P/2 
Page 14 
PHESIDENTIAL DECHEE No 16/1991 
"Implementing regulations of the Patrnt Cooperation Treaty as r(ttified 
by Law No ] 883/1990 
THE PRESIDENT 
OF THE HELLENIC REPUBL1C 
Having regard to Article 4 of Law No 
1883/1990 on the Ratification of the 
Patent Cooperation Treaty done at \\'a­
shington on June 19, 1990 and modified 
on October 20, 1979 and February 3, 1984 
(Official Journal -FEK No 45, A), 
Having regard to the provisions of Law 
No 1558/1985 on "Government and Go­
verning Bodies" (Official Journal -FEK 
No 137, A), 
Having regard to the opinion No 619/ 
1990 of the Council of State following 
proposal from the Minister of Industry, 
HEREBY DECIDES: 
CHAPTER ONE 
GENERAL PROVISIONS 
Article 1 
Scope 
This Presidential Decree shall be imple­
mented in applications filed in accordance 
with the regulations under the Patent Co­
operation Treaty (PCT) which may result 
in the grant of a patent in or for one of the 
Contracting States. 
Article 2 
Definitions 
For the purposes of this Decree: 
a. "Cooperation Treaty" shall mean the 
convention on the Patent Cooperation 
Treaty (PCT) done at \Vashington on 
June 19, 1970 and modified on October 2, 1979 and Februa ry 3, ] 984 together with 
the Regula tions t hereof and ratified in 
Greece by Law No 1883/]990 (OJ -FEK 
No 45, A/29-3-1990). 
b. "international application" shall mean 
the application filed under this Treaty. 
c. "certified translation" shall mean 
the translation done by a lawyer or any 
authority ~ntitled to certify translations. 
d. "EPO" shall mean the European 
Patent Office as defined in the European 
Patent Convention (Convention on the 
Grant of European Patents) ratified in 
Greece by Law No 1607/1986 (OJ -FEK 
No 85, A). 
CHAPTER TWO 
RECEIPT OF THE INTERNATIONAL 
APPLICATION BY THE OBI 
Article 3 
Filing of the Application 
1. The international application may be 
filed either at the Athens-seated Offices of 
the Industrial Property Organization (OBI) 
or at the branches thereof, if any, or 
alternatively with the European Patent 
Office in Munich or the Branch thereof at 
the Hague. 
2. The international application must 
be filed with the OBI if the applicant is 
a Greek citizen and provided that no 
priority for an earlier Greek application 
is claimed (art. 1 and 2 of Law No 43251 
1963 on "inventions concerning the na­
tional defense"). 
3. An international application may be 
also filed through a registered letter upon receipt as pi ()vidcd for in Article 4, 
paragraph J (If the Minislcr's Decision No 
] 592X/EF AI) 25J on the fil i ng of na t iona I 
appl ica t ions. 
Article 4 
Language of the Application 
1. Any interna liona I applica tion must 
be filed in onc of the working languages of 
the EPO as the authority competent for 
the international searching pursuant 10 
Article 16 and Rule] 2 of the Treaty and 
Article 12 of this Decree. The working 
languages of the EPO are English, French, 
and German. 
2. If the application must be filed with 
the OB] pursuant to Article 3, paragraph 
2 of this Decree, the international ap­
plication must be also filed in Greek. 
Article 5 
Contents of the Application 
1. The international application shall 
contain at least the elements defined in 
Article 11, paragraph 1, iii of the Treaty, 
namely: 
a. an indication that the application 
is intended as an international application, 
b. the designation of at least one 
Contracting State, 
c. the name or the corporate name, 
th~ nationality, and the home or seat 
address of the applicant in a way that his 
identity may be established, 
d. a part which on the face of it 
appears to be a description, 
e. a part which on the face of it 
appears to be a claim or claims. 
2. The international application shall 
have attached thereto the drawings to 
which refer the claims or the description, 
the title of the invention, the abstract and 
the documents of legitimation of the ap-IP/N/1/GRC/P/2 
Page 15 
plicillll in the case of a legal person or in 
the clIse of a natural person if he is not 
the inventor. 
J. The particulars of the international 
application must be completed on a 
printed form furnished by the OB} free of 
charge to the applicant(s). The form is 
accompanied by a check list stating the 
item(s) contained in the application. The 
check list shall be completed either by 
the applicant himself or by the OB] in 
accordance with Rule 3, paragraph 3 of 
the Treaty. 
4. The international application and the 
documents contained therein must meet 
the physical requirements pursuant to 
Rule 11 of the Treaty. 
5. The international application and the 
documents referred to in the check list, 
except the receipt for the fees paid, shall 
be filed in three copies of which the one 
shall be the record copy. If the copies are 
less than those required, they are completed 
ex officio by the OB!. 
Article 6 
Designation of Inventor 
The provisions concerning the national 
applications for the grant of a patent shall 
apply to the designation of inventor. 
Article 7 
Receipt for International Application 
1. The formalities officer of the OBI 
shaH receive the application intended as 
an international, shall write down on it 
and on any accompanying document the 
filing date and the international application 
serial number provided by the \\'or1d 
Intellectual Property Organiz.ation (WIPO) 
and shall issue a receipt for the enc10sed 
documents. 
2. The receipt for documents contains IP/N/1/GRC/P/2 
Page 16 
the application nllmbl'l, the accompanying 
itcms and the date or receipt. A signcd 
copy of the check list refcn:cd to in Rulc 3, 
paragraph 3 or the Trcaty shall bc good as 
a reccipt ror an intcrnational application. 
Article 8 
Filing date of the International 
Application 
1. The OBI shall accord a filing date 
to the international application provided 
that it has found that the following re­
quirements are met on a cumulative basis: 
a. the applicant does not lack, for 
reasons of residence or nationality, the 
right to file an international application 
with the OB!. 
b. the international application is in 
the languages prescribed in Article 4, pa­
ragraphs 1 and 2 of this Decree. 
c. the international application con­
tains the elements prescribed in Article 5, 
paragraph I of this Decree. 
2. If the OBI finds that the requirements 
listed in the above paragraph are fulfilled 
at the time of receipt, the OBI shall accord 
as the international filing date the date of 
receipt. , 
3. If the international application fulfills 
the requirements listed in paragraph I of 
this Article, the formalities officer of the 
OBI shall mark the margin of the 
applications form with the seal of the 
Organization" and shall write down the 
words "PCT International Application". 
The so-sealed copy of the application 
shall thereafter be considered the true 
copy of the international application. 
Article 9 
Registration of the International 
Application 
The international application shall be 
recorded in the Patents Register as pre-scribed in the national legislation and thc 
rules concerning the sccrecy or thc national 
patcnts. 
Article 10 
T'ransmitlal of the International 
Application 
Follov.'ing expiry of the deadlines set 
out by Articles 3 and 4 of Law 4325/1963 
on "inventions concerning the national 
defense" a nd provided that the inter­
national application shall have been deem­
ed to be of no interest to the national 
defense of the country, the OB} shall 
immediately transmit: 
a. the record copy of the international 
application and the accompanying docu­
ments to the W}PO. 
b. a copy of the international application 
and the accompanying documents to the 
EPO as the Searching Authority. 
c. a communication to the applicant 
informing him of the filing date accorded 
by the OBI for the international appli­
cation. 
Article 11 
Correction of Defects in the 
International Application 
1. If the OBI finds that: 
a. the accompanying documents of 
the international application referred to in 
Article 5, paragraph 2 of this Decree are 
not completed, or 
b. the international application is not 
signed, or 
c. the documents of the application 
do not comply with the prescriptions of 
Rule 11 of the Treaty, or 
d. the name of the applicant or the 
reference to his address clearly state his 
identity but are not complete, 
invites the applicant to correct the ap-plicati()n withill a month from the in­
vitation d;lll'. If the completioll is made 
within the prcscrihcJ time limit, the 
international filing date shall be the date 
accorded under Article 8, paragraph 2 of 
this Decrec. Otherwisc, the application 
shall be considercd withdrawn and thc 
OBI shall accordingly notify the applicant, 
the WIPO, and the EPO. 
2. 1f the international application refers 
to drawings which, in fact, are not in­
cluded in that application, the OBl shall 
notify the applicant accordingly and he 
may furnish them within 30 days from the 
date of receipt of the application and, if he 
does, the international filing date shall be 
the date on which the drawings are re­
ceived by the OBI. Otherwise, any refe­
rence to the said drawings shall be con­
sidered non-existent. 
3. If the requirements listed in para­
graph 1 above are not complied with, the 
OBI invites the applicant to correct and 
complete the application within 30 days 
from the invitation for correction a.nd, if 
he does within the prescribed time limit, 
the filing date shall be the date of receipt 
of the corrections by the OBI. Otherwise, 
the international application shall be con­
sidered to be withdrawn and the applicant 
is so notified. I 
CHAPTER THREE 
DESIGNATION OF GREECE­
TRANSLATIONS 
Article 12 
Designation of Greece 
1. If the international application con­
tains a designation of Greece as a Con­
tracting State of the PCT and protection is 
sought in its territory, this application 
shall be considered as a European Patent IP/N/lIGRC/P/2 
Page 17 
a ppl iC(-I t ion intended for protect ion 111 
Greece. 
2. Following its transmittal to thc ErO, 
the international application with des­
ignation of Greece shall be subjected to 
the provisions of Law No 1607/1986 on 
the "ra tifica lion of the European Patent 
Convention" (OJ -FEK N08S, A) and of 
the Presidential Decree No 77/1988 "im­
plementing regulations on the grant of 
European Patents" (OJ -FEK No 33, A). 
Article 13 
Filing of the Translation 
The filing of the translation of the 
claims of the international application 
and the manner of claiming shall be 
su bjected to the provisions of Article 9 of 
the Presidentia) Decree No 77/1988 "im­
plementing regulations on the grant of 
European Patents". 
Article 14 
Provisional Protection 
\Vhoever avails themselves of the rights 
deriving from the international application 
they shall be entitled to the provisional 
protection pursuant to Article 23, para­
graph 2 of Law No 1733/1987 as of the 
da te of filing of the certified translation 
with the OBI. The publication date of the 
international application shall be the date 
of publication of the mention in the 
Industrial Property Bulletin. 
Article 15 
The implementation of Article 12, para­
graph I of this Decree concerning the 
grant of a European Patent valid in Greece 
following the filing of an international 
application shall fall within the provisions 
of Presidential Decree No 77/1988. IP/N/lIGRC/P/2 
Page 18 
CIJAPTEH FOlJH 
fEES -REPRESENTATION 
Article 16 
Payment of Fees -Consequences 
]. The filing of the international appli­
cation with the OBI shall be accompanied 
by the payment of a transmittal fee to it, 
for its own benefit, pursuant to Rule 14 of 
the Treaty. 
The amount of the transmittal fee shall 
be due within one month from the receipt 
of the international application by the 
OBI. 
2. Additionally, the filing of the inter­
national application requires the payment 
of an international fee for the benefit of 
the WIPO and of a search fee for the bene­
fit of the EPO. 
Article 17 
Fees for the benefit of the OBI 
(The Transmittal Fee) 
1. The transmittal fee for the inter­
national application shall be paid for the 
benefit of the OBI and the amount shall 
be fixed in accordance with Article 24, 
paragraph 6 of Law No 1733/1987 by 
decision of the administrative council of 
the OBI. This fee shall be refunded in full 
to the applicant if the international appli­
cation fails to be transmitted to the WIPO 
within the time limit prescribed by Rule 
22, paragraph 3 of the Treaty. 
2. The mode of payment and the amount 
due for the rest of the fees to be payed for 
the benefit of the OBI as prescribed in this 
Decree are as set out in the current Fee 
Regulations of the OBI. 
Article 18 
Fees for the benefit of the WIPO 
(The International Fee) I. The OB) requires that each inter­
national application shall be subject to the 
payment of an international fee for the 
benefit of the \VI PO consisting of: 
a. a "basic fee", and 
b. as many "designation fees" as there 
are national patents and regional patents 
sought by the applicant in the international 
application, except that if a regional patent 
is selected, only one designation fee shall 
be due. 
2. The amount of the basic fee and of 
the designation fee shall be paid to the 
OBI in Greek drachmas in the equivalent 
of the amount in Swiss currency as set out 
in the Schedule of Fees of the WIPO and 
established by decision of the Director 
General of this International Organiza­
tion. 
3. The basic fee shall be paid to the OBI 
within a month from the date of receipt of 
the international application. 
4. The designation fee shall be paid: 
a. within one year from the date of 
receipt of the international application 
where the application does not contain a 
priority claim, or 
b. within one year from the priority 
date or within one month from the date 
of receipt of the international application 
where the application contains a priority 
claim. 
S. The international fee shall be re­
funded in full to the applicant only if the 
OBI establishes the opinion that the pro­
visions of Article 8 of this Decree are not 
met and the international application is 
deemed to be withdrawn. 
Article 19 
Fees for the benefit of the EPO 
(The Search Fee) 
]. For each international application a 
search fee for the benefit of the EPO shall be paid to the OBI. 
2. The international fee is p(}id to the 
OBI in Greek drachmas in the equivalent 
of the amount in German currency as 
estLJblished by the EPO after consultation 
with the Wl PO. 
3. The search fee shall be paid to the 
OBI within one month from the date of 
receipt of the international application. 
Article 20 
Transmittal of Fees 
1. The total of fees collected by the OBI, 
either for the benefit of the \VI PO or of 
the EPO, are transmitted directly to the 
respective accounting departments. 
2. Where, by the time they are due, the 
fees under Article 16 of this Decree are 
not paid within the prescribed time limit, 
the OBI shall notify the competent service 
of the International Bureau, shall charge 
the amount required, and shall consider 
the said amount as if it had been paid by 
the applicant at the due time under Rule 
16a of the Treaty. Article 21 IP/N/lIGRC/P/2 
Page 19 
Representation 
I. The right to appearing in person or 
filing documents with the OBI shal1 be 
conferred to the appointed beneficiaries of 
the international application or to their 
representative lawyer. 
2. If the beneficiary of an international 
application has no residence or seat In 
Greece, he shall appoint an agent. 
CHAPTER FIVE 
FINAL PROVISIONS 
Article 22 
Entry into Force 
This Decree shall enter into force upon 
publication thereof in the Official Journal 
(FEK). 
The publication and implementation of 
this Decree are assigned to the Minister of 
Industry, Energy, and Technology.