Article 12

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1. Notwithstanding anything in this Convention, each Contracting Party may, at the time of signature or when depositing its instrument of ratification, acceptance or accession, temporarily reserve, for the limited period stated below, the right:

(a) not to provide for the grant of patents in respect of food and pharmaceutical products, as such, and agricultural or horticultural processes other than those to which paragraph (b) of Article 2 applies;

(b) to grant valid patents for inventions disclosed within the six months preceding the filing of the application, either, apart from the case referred to in paragraph 4 (b) of Article 4, by the inventor himself, or, apart from the case referred to in paragraph 4 (a) of Article 4, by a third party as a result of information derived from the inventor.

 

2. The limited period referred to in paragraph 1 of this Article shall be ten years in the case of sub-paragraph (a) and five years in the case of sub-paragraph (b). It shall start from the entry into force of this Convention for the Contracting Party considered.

 

3. Any Contracting Party which makes a reservation under this Article shall withdraw the said reservation as soon as circumstances permit. Such withdrawal shall be made by notification addressed to the Secretary-General of the Council of Europe and shall take effect one month from the date of receipt of such notification.