European Patent Convention
Print this page
PART I - GENERAL AND INSTITUTIONAL PROVISIONS
CHAPTER I - GENERAL PROVISIONS
Article 1 - European law for the grant of patents
Article 3 - Territorial effect
Article 4 - European Patent Organisation
Article 4a - Conference of ministers of the Contracting States
CHAPTER II - THE EUROPEAN PATENT ORGANISATION
Article 7 - Sub-offices of the European Patent Office
Article 8 - Privileges and immunities
CHAPTER III - THE EUROPEAN PATENT OFFICE
Article 11 - Appointment of senior employees
Article 13 - Disputes between the Organisation and the employees of the European Patent Office
Article 15 - Departments entrusted with the procedure
Article 16 - Receiving Section
Article 18 - Examining Divisions
Article 19 - Opposition Divisions
Article 22 - Enlarged Board of Appeal
Article 23 - Independence of the members of the Boards
Article 24 - Exclusion and objection
Article 25 - Technical opinion
CHAPTER IV- THE ADMINISTRATIVE COUNCIL
Article 30 - Attendance of observers
Article 31 - Languages of the Administrative Council
Article 32 - Staff, premises and equipment
Article 33 - Competence of the Administrative Council in certain cases
Article 36 - Weighting of votes
CHAPTER V - FINANCIAL PROVISIONS
Article 37 - Budgetary funding
Article 38 - The Organisation's own resources
Article 39 - Payments by the Contracting States in respect of renewal fees for European patents
Article 40 - Level of fees and payments - Special financial contributions
Article 43 - Authorisation for expenditure
Article 44 - Appropriations for unforeseeable expenditure
Article 45 - Appropriations for unforeseeable expenditure
Article 46 - Preparation and adoption of the budget
Article 47 - Provisional budget
Article 48 - Budget implementation
Article 49 - Auditing of accounts
Article 50 - Financial Regulations
PART II - SUBSTANTIVE PATENT LAW
CHAPTER I - PATENTABILITY
Article 52 - Patentable inventions
Article 53 - Exceptions to patentability
Article 55 - Non-prejudicial disclosures
Article 57 - Industrial application
CHAPTER II - PERSONS ENTITLED TO APPLY FOR AND OBTAIN A EUROPEAN PATENT MENTION OF THE INVENTOR
Article 58 - Entitlement to file a European patent application
Article 59 - Multiple applicants
Article 60 - Right to a European patent
Article 61 - European patent applications filed by non-entitled persons
Article 62 - Right of the inventor to be mentioned
CHAPTER III - EFFECTS OF THE EUROPEAN PATENT AND THE EUROPEAN PATENT APPLICATION
Article 63 - Term of the European patent
Article 64 - Rights conferred by a European patent
Article 65 - Translation of the European patent
Article 66 - Equivalence of European filing with national filing
Article 67 - Rights conferred by a European patent application after publication
Article 68 - Effect of revocation or limitation of the European patent
Article 69 - Extent of protection
Article 70 - Authentic text of a European patent application or European patent
CHAPTER IV - THE EUROPEAN PATENT APPLICATION AS AN OBJECT OF PROPERTY
Article 71 - Transfer and constitution of rights
Article 73 - Contractual licensing
PART III - THE EUROPEAN PATENT APPLICATION
CHAPTER I - FILING AND REQUIREMENTS OF THE EUROPEAN PATENT APPLICATION
Article 75 - Filing of a European patent application
Article 76 - European divisional applications
Article 77 - Forwarding of European patent applications
Article 78 - Requirements of a European patent application
Article 79 - Designation of Contracting States
Article 81 - Designation of the inventor
Article 82 - Unity of invention
Article 83 - Disclosure of the invention
Article 86 - Renewal fees for the European patent application
CHAPTER II - PRIORITY
Article 88 - Claiming priority
Article 89 - Effect of priority right
PART IV - PROCEDURE UP TO GRANT
Article 90 - Examination on filing and examination as to formal requirements
Article 91 - deleted
Article 92 - Drawing up of the European search report
Article 93 - Publication of the European patent application
Article 94 - Examination of the European patent application
Article 95 - deleted
Article 96 - deleted
Article 98 - Publication of the specification of the European patent
PART V - OPPOSITION AND LIMITATION PROCEDURE
Article 100 - Grounds for opposition
Article 101 - Examination of the opposition – Revocation or maintenance of the European patent
Article 102 - deleted
Article 103 - Publication of a new specification of the European patent
Article 105 - Intervention of the assumed infringer
Article 105a - Request for limitation or revocation
Article 105b - Limitation or revocation of the European patent
Article 105c - Publication of the amended specification of the European patent
PART VI - APPEALS PROCEDURE
Article 106 - Publication of the amended specification of the European patent
Article 107 - Publication of the amended specification of the European patent
Article 108 - Time limit and form
Article 109 - Interlocutory revision
Article 110 - Examination of appeals
Article 111 - Decision in respect of appeals
Article 112 - Decision or opinion of the Enlarged Board of Appeal
Article 112a - Petition for review by the Enlarged Board of Appeal
PART VII - COMMON PROVISIONS
CHAPTER I - COMMMON PROVISIONS GOVERNING PROCEDURE
Article 113 - Right to be heard and basis of decisions
Article 114 - Examination by the European Patent Office of its own motion
Article 115 - Observations by third parties
Article 116 - Oral proceedings
Article 117 - Means and taking of evidence
Article 118 - Unity of the European patent application or European patent
Article 121 - Further processing of the European patent application
Article 122 - Re-establishment of rights
Article 124 - Information on prior art
Article 125 - Reference to general principles
Article 126 - deleted
CHAPTER II - INFORMATION TO THE PUBLIC OR OFFICIAL AUTHORITIES
Article 127 - European Patent Register
Article 128 - Inspection of files
Article 129 - Periodical publications
Article 130 - Exchange of information
Article 131 - Administrative and legal co-operation
Article 132 - Exchange of publications
CHAPTER III - REPRESENTATION
Article 133 - General principles of representation
Article 134 - Representation before the European Patent Office
Article 134a - Institute of Professional Representatives before the European Patent Office
PART VIII - IMPACT ON NATIONAL LAW
CHAPTER I - CONVERSION INTO A NATIONAL PATENT APPLICATION
Article 135 - Request for conversion
Article 136 - deleted
Article 137 - Formal requirements for conversion
CHAPTER II - REVOCATION AND PRIOR RIGHTS
Article 138 - Revocation of European patents
Article 139 - Prior rights and rights arising on the same date
CHAPTER III - MISCELLANEOUS EFFECTS
Article 140 - National utility models and utility certificates
Article 141 - Renewal fees for a European patent
PART IX - SPECIAL AGREEMENTS
Article 143 - Special departments of the European Patent Office
Article 144 - Representation before special departments
Article 145 - Select committee of the Administrative Council
Article 146 - Cover for expenditure for carrying out special tasks
Article 147 - Payments in respect of renewal fees for unitary patents
Article 148 - The European patent application as an object of property
Article 149 - Joint designation
Article 149a - Other agreements between the Contracting States
PART X - INTERNATIONAL APPLICATIONS UNDER THE PATENT COOPERATION TREATY – EURO-PCT APPLICATIONS
Article 150 - Application of the Patent Cooperation Treaty
Article 151 - The European Patent Office as a receiving Office
Article 153 - The European Patent Office as designated Office or elected Office
Article 154 - deleted
Article 155 - deleted
Article 156 - deleted
Article 157 - deleted
Article 158 - deleted
PART XI - TRANSITIONAL PROVISIONS
Article 159 - deleted
Article 160 - deleted
Article 161 - deleted
Article 162 - deleted
Article 163 - deleted
PART XII - FINAL PROVISIONS
Article 164 - Implementing Regulations and Protocols
Article 165 - Signature - Ratification
Article 167 - deleted
Article 168 - Territorial field of application
Article 169 - Entry into force
Article 170 - Initial contribution
Article 171 - Duration of the Convention
Article 173 - Disputes between Contracting States
Article 175 - Preservation of acquired rights
Article 176 - Financial rights and obligations of former Contracting States
Article 177 - Languages of the Convention
Article 178 - Transmission and notifications
Protocol on the Interpretation of Article 69 EPC
Protocol on Recogntion (EPC)
Protocol on Privileges and Immunities (EPC)
Protocol on Centralisation (EPC)
Protocol on Staff Complement (EPC)
Text in force at 01-01-2020. The text can be verified at overheid.nl. Titles of articles have been added for convenience, but are lacking in the official text, IP-PorTal.
