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European Patent Convention |
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European Patent Convention is a treaty that includes guidelines according to which European patents should be given. Also known as the Convention on the Grant of European Patents this is enforced by the European Patent Office (EPO).
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The origin and history of European Patent Convention
In the past if you wanted to get an approval at different European countries then you were required to submit a patent application at each of the respective countries. Translation of the petition for patent was also required to be done which was a costly affair. The European Patent Convention does not totally abolish the rule of translating the patent appeal into different languages nevertheless it modifies the rules somewhat. But the petition may be submitted in a single language till it has been approved. After approval however it is necessary that the patent plea be translated into the requisite number of languages.
The European Patent Convention was signed in 1973 at the Munich Diplomatic conference as a solution for the establishment of a system for approving patent grants in Europe. In 1977 this law was enforced in the following countries of Europe- Belgium, Germany, France, Luxembourg, Netherlands, United Kingdom and Switzerland. Sweden later joined this EPC group of countries in the following year. Today the European Patent Convention has 32 countries in its list of members. Two more countries-Norway and Croatia are scheduled to become members of EPC in 2008.
The European Patent Convention treaty
The main principles of the EPC includes 178 articles also included are some important notes. The notes are important in completing this guide for patent law in Europe. “ Implementing Regulations to the Convention on the Grant of European patents" is one such additional text that is included in the convention. This states the legal technicalities that need to be followed on the approval of a patent plea. Others include "Protocol on Jurisdiction and the recognition of decisions in respect of the right to the grant of a European patent" ; “Protocol on Privileges and Immunities of the European Patent Organization" ; "Protocol on the Centralization of the European Patent System and on its Introduction" and "Protocol on the Interpretation of Article 69 of the Convention”. These are important additions of the European Patent Convention that needs to be followed by each of the members where a patent is granted.
European Patent Convention enforcement
All the proceedings and nuances of a patent comes under the jurisdiction of the national law of the country where the patent has been approved. All the technicalities that need to be catered to after the approval of the patent is done according to the law of the respective country. Renewal of patent, revocation procedure and infringement handling's are all determined according to the country legal system's protocol and policies. In case of a lawsuit filed by concerned companies the policy of the EPC requires the filing of separate papers in each of the respective country courts even if the lawsuit concerns the same companies in different states.
For information About Patents visit patentshub.com.
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