EPC 2000

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The EPC 2000 or European Patent Convention 2000 is the version of the European Patent Convention (EPC) as revised by the Act Revising the Convention on the Grant of European Patents signed in Munich on November 29, 2000. On June 28, 2001, the Administrative Council of the European Patent Office (EPO) adopted the final new text of the EPC 2000. The EPC 2000 entered into force on December 13, 2007. [1]

The EPC 2000 does not introduce any major changes in substantive patent law,[2] [3] except changes concerning novelty, [4] industrial applicability and priority rights. The EPC 2000 is however a comprehensive revision [5] introducing "a considerable number of smaller amendments".[2]

Contents

[edit] Background

A diplomatic conference was held from 20 November to 29 November 2000 in Munich to revise the Convention on the Grant of European Patents of 5 October 1973, amongst other things to integrate in the EPC new developments in international law, especially those of the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPs Agreement) and of the Patent Law Treaty, and to add a level of judicial review of the Boards of Appeal decisions.

[edit] Entry into force

Greece deposited its instrument of ratification on December 13, 2005, and was the fifteenth Contracting State to ratify or accede to the EPC 2000.[6] In addition, since not all the contracting states had deposited their instruments of ratification or accession by September 30, 2007, the EPC 2000 will enter into force on December 13, 2007.[1] [7] [8]

A Contracting State that will not have ratified or acceded to the EPC 2000 at the time of its entry into force, i.e. on December 13, 2007, will cease to be party to the EPC as from that time.[9]

[edit] Amendments

 Please help improve this list of amendments, which is not exhaustive (e.g., information on deregulation, remedies, medical use claim, and doctrine of equivalents is missing), by expanding it.
Further information might be found on the talk page or at requests for expansion. (November 2007)

[edit] Prior art effect and double patenting

Under the EPC 1973, in order to preclude double patenting, [10] the prior art effect of a first European patent application (a so-called "conflicting patent application") filed before the filing date of a second European patent application, but published after said filing date, on the second application is limited to the designated states in common. [11]

In the EPC 2000, this provision, i.e. Article 54(4) EPC, has been deleted. [12] This means in the EPC 2000 that "any European application falling under Article 54(3) EPC constitutes prior art with effect for all the EPC contracting states at the time of its publication." [12] Rule 23a EPC 1973 has been deleted following the deletion of Article 54(4). [12] [13]

The deleted Article 54(4) EPC remains applicable to the European patents granted before December 13, 2007 and the European patent applications pending on December 13, 2007. [14] In other words, Art. 54(4) EPC 1973 is still transitionally applicable. [15]

This amendment along with the absence of a transitional provision for Rule 23a (providing that Rule 23a EPC 1973 would continue to apply for pending applications or granted patents at the date of entry into force of the EPC 2000) has raised concerns that, "if the provisions of the EPC 2000 are interpreted strictly", [16] patent rights existing at the date of entry into force of the EPC 2000 may become invalid after the entry into force of the EPC 2000, on December 13, 2007. [16] In September 2007, the European Patent Office published a notice indicating that "the provisions currently laid down in Article 54(3) and (4) in conjunction with Rule 23a EPC 1973 will continue to apply to European patent applications filed and patents granted before the entry into force of the EPC 2000".[17]

[edit] Requirements for obtaining a date of filing

The requirements to obtain a date of filing (for a European patent application), laid out in Article 80, have been amended. A reference is now made to the Implementing Regulations, which are now in line with "the wordwide standard laid out in Article 5 of the Patent Law Treaty 2000 (PLT)". [18] In particular, Rule 40 EPC 2000 is relevant. [18] There is no requirement anymore to file claims to obtain a date of filing. [19] In addition the description may be filed in any language. [19] Among the requirements, a reference to a previously filed application may also be used to obtain a date of filing. [20]

[edit] Priority rights extended to first filing in WTO members

The priority rights are extended to filing in or for any member of the World Trade Organization (WTO), in addition to any state party to the Paris Convention for the Protection of Industrial Property. [21] This amendment has been made to align the European Patent Convention with Article 2 of the TRIPS Agreement. [22]

[edit] Requests for limitation or revocation

Main article: Limitation and revocation procedures before the European Patent Office

Article 105a(1) EPC 2000 introduces a procedure for centrally limiting or revoking a European patent. [23] A request for limitation or revocation may be filed at any time throughout the term of the European patent. [24]

[edit] Petition for review

Article 112a EPC 2000 introduces a procedure for contesting the decisions of the boards of appeal by filing a petition for review. [25] The petition for review can only be based on a fundamental procedural defect and its purpose is not to obtain a review of the application of substantive law. [26]

[edit] References

[edit] Notes

  1. ^ a b EPO web site, Frequently asked questions about the revised European Patent Convention (EPC 2000), item 2. Consulted on October 31, 2007.
  2. ^ a b European Patent Office, EPC 2000 and its impact for patent searchers, Patent Information News, Issue 1, 2007, page 1.
  3. ^ EPO web site, Frequently asked questions about the revised European Patent Convention (EPC 2000), item 9. Consulted on October 31, 2007.
  4. ^ Deletion of Article 54(4) EPC 1973, regarding the prior art effect of conflicting European patent applications.
  5. ^ EPO web site, Frequently asked questions about the revised European Patent Convention (EPC 2000), item 1. Consulted on October 31, 2007.
  6. ^ EPO web site, "Legislative Initiatives in European patent law" microsite, EPC 2000, Status of accession and ratification
  7. ^ Official Journal of the EPO, 2/2006, Notice from the European Patent Office dated 27 January 2006 concerning deposit of the fifteenth instrument of ratification of the EPC Revision Act
  8. ^ The EPC 2000 could have entered into force earlier, that is "on the first day of the third month following the deposit of the instrument of ratification or accession by the Contracting State taking this step as the last of all Contracting States, if this takes place earlier". However, as mentioned, since not all the contracting states had deposited their instruments of ratification or accession by September 30, 2007, the EPC 2000 will enter into force on December 13, 2007.
  9. ^ Article 172(4) EPC
  10. ^ OJ 2007, Special edition 4/2007, page 52, item 2.
  11. ^ Article 54(4) EPC 1973
  12. ^ a b c OJ 2007, Special edition 4/2007, page 52, item 3.
  13. ^ Special Edition No. 1 OJ EPO, p. 164.
  14. ^ OJ 2007, Special edition 4/2007, page 52, item 4.
  15. ^ EPC 2000 Guidelines C-III, 8.1 (i).
  16. ^ a b O. Griebling, EPC2000 invalidates existing patents?, epi Information 2/2007, June 2007, page 61.
  17. ^ EPO, Notice from the European Patent Office dated 20 September 2007 on implementation of the transitional provisions of the EPC 2000 applicable during the transition from the EPC 1973 to the EPC 2000, Official Journal EPO 10/2007, p. 504.
  18. ^ a b OJ 2007, Special edition 4/2007, page 84, item 1.
  19. ^ a b OJ 2007, Special edition 4/2007, page 84, item 2.
  20. ^ Rule 40(1)(c) EPC 2000
  21. ^ Article 87(1) EPC 2000
  22. ^ OJ 2007, Special edition 4/2007, page 88, item 2.
  23. ^ Article 105a(1) EPC 2000.
  24. ^ EPO web site, Frequently asked questions about the revised European Patent Convention (EPC 2000), item 10. Consulted on October 31, 2007.
  25. ^ Article 112a EPC 2000
  26. ^ EPO web site, Frequently asked questions about the revised European Patent Convention (EPC 2000), item 14. Consulted on October 31, 2007.

[edit] External links

[edit] Further links

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