Einde inhoudsopgave
Convention on the Grant of European Patents (European Patent Convention)
Article 153 The European Patent Office as designated Office or elected Office
Geldend
Geldend vanaf 13-12-2007
- Bronpublicatie:
28-06-2001, Trb. 2012, 1 (uitgifte: 06-01-2012, regelingnummer: CA/D18/01)
29-11-2000, Trb. 2002, 9 (uitgifte: 21-01-2002, kamerstukken/regelingnummer: -)
- Inwerkingtreding
13-12-2007
- Bronpublicatie inwerkingtreding:
21-12-2007, Trb. 2007, 233 (uitgifte: 21-12-2007, kamerstukken/regelingnummer: -)
21-12-2007, Trb. 2007, 233 (uitgifte: 01-01-2007, kamerstukken/regelingnummer: -)
- Vakgebied(en)
Intellectuele-eigendomsrecht / Bijzondere onderwerpen
1.
The European 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 the European 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 the European Patent Office shall take the place of the publication of the European patent application and shall be mentioned in the European 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 the European 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 the European search report and the mention of its publication in the European Patent Bulletin.
7.
A supplementary European search report shall be drawn up in respect of any Euro-PCT application under paragraph 5. The Administrative Council may decide that the supplementary search report is to be dispensed with or that the search fee is to be reduced.