Convention on the Grant of European Patents (European Patent

Convention on the Grant of European Patents

(European Patent Convention)

of 5 October 1973

as revised by the Act revising Article 63 EPC of 17 December 1991

and the Act revising the EPC of 29 November 2000

Footnotes and cross-references are added for the convenience of the

reader; they do not form part of the official text.

The new text of the Convention adopted by the Administrative Council of the European

Patent Organisation by decision of 28 June 2001 (see OJ EPO 2001, Special edition No. 4,

p. 55) has become an integral part of the Revision Act of 29 November 2000 under Arti-

cle 3(2), second sentence, of that Act.

European Patent Convention  April 2024 
2 
PREAMBLE  7 
PART I 
GENERAL AND INSTITUTIONAL PROVISIONS  8 
Chapter I  General provisions  8 
Article 1  European law for the grant of patents  8 
Article 2  European patent  8 
Article 3  Territorial effect  8 
Article 4  European Patent Organisation  8 
Article 4a  Conference of ministers of the Contracting States  9 
Chapter II  The European Patent Organisation  9 
Article 5  Legal status  9 
Article 6  Headquarters  9 
Article 7  Sub-offices of the European Patent Office  9 
Article 8  Privileges and immunities  9 
Article 9  Liability  10 
Chapter III  The European Patent Office  10 
Article 10  Management  10 
Article 11  Appointment of senior employees  11 
Article 12  Duties of office  12 
Article 13  Disputes between the Organisation and the employees of the 
European Patent Office  12 
Article 14  Languages of the European Patent Office, European patent 
applications and other documents  12 
Article 15  Departments entrusted with the procedure  13 
Article 16  Receiving Section  13 
Article 17  Search Divisions  14 
Article 18  Examining Divisions  14 
Article 19  Opposition Divisions  14 
Article 20  Legal Division  14 
Article 21  Boards of Appeal  15 
Article 22  Enlarged Board of Appeal  15 
Article 23  Independence of the members of the Boards  16 
Article 24  Exclusion and objection  16 
Article 25  Technical opinion  17 
Chapter IV  The Administrative Council  17 
Article 26  Membership  17 
Article 27  Chairmanship  17 
Article 28  Board  18 
Article 29  Meetings  18 
Article 30  Attendance of observers  18 
Article 31  Languages of the Administrative Council  19 
Article 32  Staff, premises and equipment  19 
Article 33  Competence of the Administrative Council in certain cases  19 
Article 34  Voting rights  20 
Article 35  Voting rules  20 
Article 36  Weighting of votes  21 

European Patent Convention  April 2024 
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Chapter V  Financial provisions  21 
Article 37  Budgetary funding  21 
Article 38  The Organisation's own resources  22 
Article 39  Payments by the Contracting States in respect of renewal fees for 
European patents  22 
Article 40  Level of fees and payments – Special financial contributions  22 
Article 41  Advances  23 
Article 42  Budget  23 
Article 43  Authorisation for expenditure  24 
Article 44  Appropriations for unforeseeable expenditure  24 
Article 45  Accounting period  24 
Article 46  Preparation and adoption of the budget  24 
Article 47  Provisional budget  24 
Article 48  Budget implementation  25 
Article 49  Auditing of accounts  25 
Article 50  Financial Regulations  26 
Article 51  Fees  26 
PART II 
SUBSTANTIVE PATENT LAW  27 
Chapter I  Patentability  27 
Article 52  Patentable inventions  27 
Article 53  Exceptions to patentability  27 
Article 54  Novelty  28 
Article 55  Non-prejudicial disclosures  28 
Article 56  Inventive step  29 
Article 57  Industrial application  29 
Chapter II  Persons entitled to apply for and obtain a European patent – 
Mention of the inventor  29 
Article 58  Entitlement to file a European patent application  29 
Article 59  Multiple applicants  29 
Article 60  Right to a European patent  29 
Article 61  European patent applications filed by non-entitled persons  30 
Article 62  Right of the inventor to be mentioned  30 
Chapter III  Effects of the European patent and the European patent 
application  30 
Article 63  Term of the European patent  30 
Article 64  Rights conferred by a European patent  31 
Article 65  Translation of the European patent  31 
Article 66  Equivalence of European filing with national filing  32 
Article 67  Rights conferred by a European patent application after publication  32 
Article 68  Effect of revocation or limitation of the European patent  33 
Article 69  Extent of protection  33 
Article 70  Authentic text of a European patent application or European patent  33 
Chapter IV  The European patent application as an object of property  34 
Article 71  Transfer and constitution of rights  34 
Article 72  Assignment  34 
Article 73  Contractual licensing  34 
Article 74  Law applicable  34 

European Patent Convention April 2024

PART III

THE EUROPEAN PATENT APPLICATION 35

Chapter I Filing and requirements of the European patent application 35

Article 75 Filing of a European patent application 35

Article 76 European divisional applications 35

Article 77 Forwarding of European patent applications 36

Article 78 Requirements of a European patent application 36

Article 79 Designation of Contracting States 36

Article 80 Date of filing 37

Article 81 Designation of the inventor 37

Article 82 Unity of invention 37

Article 83 Disclosure of the invention 37

Article 84 Claims 37

Article 85 Abstract 37

Article 86 Renewal fees for the European patent application 38

Chapter II Priority 38

Article 87 Priority right 38

Article 88 Claiming priority 39

Article 89 Effect of priority right 39

PART IV

PROCEDURE UP TO GRANT 40

Article 90 Examination on filing and examination as to formal requirements 40

Article 91 (deleted) 40

Article 92 Drawing up of the European search report 40

Article 93 Publication of the European patent application 41

Article 94 Examination of the European patent application 41

Article 95 (deleted) 41

Article 96 (deleted) 41

Article 97 Grant or refusal 42

Article 98 Publication of the specification of the European patent 42

PART V

OPPOSITION AND LIMITATION PROCEDURE 43

Article 99 Opposition 43

Article 100 Grounds for opposition 43

Article 101 Examination of the opposition – Revocation or maintenance of the

European patent 44

Article 102 (deleted) 44

Article 103 Publication of a new specification of the European patent 44

Article 104 Costs 44

Article 105 Intervention of the assumed infringer 45

Article 105a Request for limitation or revocation 45

Article 105b Limitation or revocation of the European patent 45

Article 105c Publication of the amended specification of the European patent 46

PART VI

APPEALS PROCEDURE 47

Article 106 Decisions subject to appeal 47

European Patent Convention  April 2024 
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Article 107  Persons entitled to appeal and to be parties to appeal proceedings  47 
Article 108  Time limit and form  47 
Article 109  Interlocutory revision  47 
Article 110  Examination of appeals  48 
Article 111  Decision in respect of appeals  48 
Article 112  Decision or opinion of the Enlarged Board of Appeal  48 
Article 112a  Petition for review by the Enlarged Board of Appeal  49 
PART VII 
COMMON PROVISIONS  50 
Chapter I  Common provisions governing procedure  50 
Article 113  Right to be heard and basis of decisions  50 
Article 114  Examination by the European Patent Office of its own motion  50 
Article 115  Observations by third parties  50 
Article 116  Oral proceedings  51 
Article 117  Means and taking of evidence  51 
Article 118  Unity of the European patent application or European patent  52 
Article 119  Notification  52 
Article 120  Time limits  52 
Article 121  Further processing of the European patent application  52 
Article 122  Re-establishment of rights  53 
Article 123  Amendments  54 
Article 124  Information on prior art  54 
Article 125  Reference to general principles  54 
Article 126  (deleted)  54 
Chapter II  Information to the public or to official authorities  55 
Article 127  European Patent Register  55 
Article 128  Inspection of files  55 
Article 129  Periodical publications  56 
Article 130  Exchange of information  56 
Article 131  Administrative and legal co-operation  56 
Article 132  Exchange of publications  57 
Chapter III  Representation  57 
Article 133  General principles of representation  57 
Article 134  Representation before the European Patent Office  58 
Article 134a  Institute of Professional Representatives before the European Patent 
Office  59 
PART VIII 
IMPACT ON NATIONAL LAW  61 
Chapter I  Conversion into a national patent application  61 
Article 135  Request for conversion  61 
Article 136  (deleted)  61 
Article 137  Formal requirements for conversion  61 
Chapter II  Revocation and prior rights  62 
Article 138  Revocation of European patents  62 
Article 139  Prior rights and rights arising on the same date  63 

European Patent Convention  April 2024 
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Chapter III  Miscellaneous effects  63 
Article 140  National utility models and utility certificates  63 
Article 141  Renewal fees for European patents  63 
PART IX 
SPECIAL AGREEMENTS  64 
Article 142  Unitary patents  64 
Article 143  Special departments of the European Patent Office  64 
Article 144  Representation before special departments  64 
Article 145  Select committee of the Administrative Council  64 
Article 146  Cover for expenditure for carrying out special tasks  65 
Article 147  Payments in respect of renewal fees for unitary patents  65 
Article 148  The European patent application as an object of property  65 
Article 149  Joint designation  65 
Article 149a  Other agreements between the Contracting States  66 
PART X 
INTERNATIONAL APPLICATIONS UNDER THE PATENT COOPERATION 
TREATY – EURO-PCT APPLICATIONS  67 
Article 150  Application of the Patent Cooperation Treaty  67 
Article 151  The European Patent Office as a receiving Office  67 
Article 152  The European Patent Office as an International Searching Authority or 
International Preliminary Examining Authority  67 
Article 153  The European Patent Office as designated Office or elected Office  68 
Article 154  (deleted)  69 
Article 155  (deleted)  69 
Article 156  (deleted)  69 
Article 157  (deleted)  69 
Article 158  (deleted)  69 
PART XI 
TRANSITIONAL PROVISIONS  70 
PART XII 
FINAL PROVISIONS  71 
Article 164  Implementing Regulations and Protocols  71 
Article 165  Signature – Ratification  71 
Article 166  Accession  71 
Article 167  (deleted)  72 
Article 168  Territorial field of application  72 
Article 169  Entry into force  72 
Article 170  Initial contribution  73 
Article 171  Duration of the Convention  73 
Article 172  Revision  73 
Article 173  Disputes between Contracting States  73 
Article 174  Denunciation  74 
Article 175  Preservation of acquired rights  74 
Article 176  Financial rights and obligations of former Contracting States  74 
Article 177  Languages of the Convention  74 
Article 178  Transmission and notifications  75 
 

European Patent Convention April 2024

PREAMBLE

The Contracting States,

DESIRING to strengthen co-operation between the States of Europe in re-

spect of the protection of inventions,

DESIRING that such protection may be obtained in those States by a single

procedure for the grant of patents and by the establishment of certain

standard rules governing patents so granted,

DESIRING, for this purpose, to conclude a Convention which establishes a

European Patent Organisation and which constitutes a special agreement

within the meaning of Article 19 of the Convention for the Protection of In-

dustrial Property, signed in Paris on 20 March 1883 and last revised

on 14 July 1967, and a regional patent treaty within the meaning of Arti-

cle 45, paragraph 1, of the Patent Cooperation Treaty of 19 June 1970,

HAVE AGREED on the following provisions:

European Patent Convention April 2024

PART I

GENERAL AND INSTITUTIONAL PROVISIONS

Chapter I

General provisions

Article 1

European law for the grant of patents

A system of law, common to the Contracting States,

for the grant of pa-

tents for invention is established by this Convention.

Article 2

European patent

(1) Patents granted under this Convention shall be called European pa-

tents.

(2) The European patent shall, in each of the Contracting States for

which it is granted, have the effect of and be subject to the same conditions

as a national patent granted by that State, unless this Convention provides

otherwise.

Article 3

Territorial effect

The grant of a European patent may be requested for one or more of the

Contracting States.

Article 4

European Patent Organisation

(1) A European Patent Organisation, hereinafter referred to as the Or-

ganisation, is established by this Convention. It shall have administrative

and financial autonomy.

(2) The organs of the Organisation shall be:

(a) the European Patent Office;

(b) the Administrative Council.

(3) The task of the Organisation shall be to grant European patents. This

shall be carried out by the European Patent Office supervised by the Ad-

ministrative Council.

There are currently 39 Contracting States: AL, AT, BE, BG, CH, CY, CZ, DE, DK, EE,

ES, FI, FR, GB, GR, HR, HU, IE, IS, IT, LI, LT, LU, LV, MC, ME, MK, MT, NL, NO, PL, PT,

RO, RS, SE, SI, SK, SM, TR.

See decisions of the Enlarged Board of Appeal G 5/88, G 7/88, G 8/88, G 1/04 (Annex I).

Art. 63-65, 68, 69,

70, 99-105c, 142

R. 75, 85, 89, 90-

Art. 79, 149

R. 39

Art. 4a, 10-36

R. 9-13

European Patent Convention April 2024

Article 4a

Conference of ministers of the Contracting States

A conference of ministers of the Contracting States responsible for patent

matters shall meet at least every five years to discuss issues pertaining to

the Organisation and to the European patent system.

Chapter II

The European Patent Organisation

Article 5

Legal status

(1) The Organisation shall have legal personality.

(2) In each of the Contracting States, the Organisation shall enjoy the

most extensive legal capacity accorded to legal persons under the national

law of that State; it may in particular acquire or dispose of movable and

immovable property and may be a party to legal proceedings.

(3) The President of the European Patent Office shall represent the Or-

ganisation.

Article 6

Headquarters

(1) The Organisation shall have its headquarters in Munich.

(2) The European Patent Office shall be located in Munich. It shall have a

branch at The Hague.

Article 7

Sub-offices of the European Patent Office

By decision of the Administrative Council, sub-offices of the European Pa-

tent Office may be created, if need be, for the purpose of information and

liaison, in the Contracting States and with intergovernmental organisations

in the field of industrial property, subject to the approval of the Contracting

State or organisation concerned.

Article 8

Privileges and immunities

The Protocol on Privileges and Immunities annexed to this Convention shall

define the conditions under which the Organisation, the members of the

Administrative Council, the employees of the European Patent Office, and

such other persons specified in that Protocol as take part in the work of the

Organisation, shall enjoy, in each Contracting State, the privileges and im-

munities necessary for the performance of their duties.

Inserted by the Act revising the European Patent Convention of 29.11.2000.

See decisions of the Enlarged Board of Appeal G 5/88, G 7/88, G 8/88 (Annex I).

Art. 4

Art. 35

European Patent Convention April 2024

Article 9

Liability

(1) The contractual liability of the Organisation shall be governed by the

law applicable to the contract in question.

(2) The non-contractual liability of the Organisation in respect of any

damage caused by it or by the employees of the European Patent Office in

the performance of their duties shall be governed by the law of the Federal

Republic of Germany. Where the damage is caused by the branch at

The Hague or a sub-office or employees attached thereto, the law of the

Contracting State in which such branch or sub-office is located shall apply.

(3) The personal liability of the employees of the European Patent Office

towards the Organisation shall be governed by their Service Regulations or

conditions of employment.

(4) The courts with jurisdiction to settle disputes under paragraphs 1 and

2 shall be:

(a) for disputes under paragraph 1, the courts of the Federal Republic of

Germany, unless the contract concluded between the parties designates a

court of another State;

(b) for disputes under paragraph 2, the courts of the Federal Republic of

Germany, or of the State in which the branch or sub-office is located.

Chapter III

The European Patent Office

Article 10

Management

(1) The European Patent Office shall be managed by the President, who

shall be responsible for its activities to the Administrative Council.

(2) To this end, the President shall have in particular the following func-

tions and powers:

(a) he shall take all necessary steps to ensure the functioning of the Eu-

ropean Patent Office, including the adoption of internal administrative in-

structions and information to the public;

(b) unless this Convention provides otherwise, he shall prescribe which

acts are to be performed at the European Patent Office in Munich and its

branch at The Hague respectively;

ing this Convention, for general regulations, or for decisions which come

within the competence of the Administrative Council;

See decisions/opinions of the Enlarged Board of Appeal G 5/88, G 7/88, G 8/88, G 1/02

(Annex I).

R. 9, 11

European Patent Convention April 2024

(d) he shall prepare and implement the budget and any amending or

supplementary budget;

(e) he shall submit a management report to the Administrative Council

each year;

(f) he shall exercise supervisory authority over the staff;

(g) subject to Article 11, he shall appoint the employees and decide on

their promotion;

(h) he shall exercise disciplinary authority over the employees other than

those referred to in Article 11, and may propose disciplinary action to the

Administrative Council with regard to employees referred to in Article 11,

paragraphs 2 and 3;

(i) he may delegate his functions and powers.

(3)

The President shall be assisted by a number of Vice-Presidents. If the

President is absent or indisposed, one of the Vice-Presidents shall take his

place in accordance with the procedure laid down by the Administrative

Council.

Article 11

Appointment of senior employees

(1) The President of the European Patent Office shall be appointed by

the Administrative Council.

(2) The Vice-Presidents shall be appointed by the Administrative Council

after the President of the European Patent Office has been consulted.

(3) The members, including the Chairmen, of the Boards of Appeal and

of the Enlarged Board of Appeal shall be appointed by the Administrative

Council on a proposal from the President of the European Patent Office.

They may be re-appointed by the Administrative Council after the President

of the European Patent Office has been consulted.

(4) The Administrative Council shall exercise disciplinary authority over

the employees referred to in paragraphs 1 to 3.

(5) The Administrative Council, after consulting the President of the Eu-

ropean Patent Office, may also appoint as members of the Enlarged Board

of Appeal legally qualified members of the national courts or quasi-judicial

authorities of the Contracting States, who may continue their judicial activi-

ties at the national level. They shall be appointed for a term of three years

and may be re-appointed.

See decision of the Administrative Council of 06.07.1978 on substitution for the Presi-

dent of the EPO (OJ EPO 1978, 326).

Amended by the Act revising the European Patent Convention of 29.11.2000.

Art. 21, 22, 35

European Patent Convention April 2024

Article 12

Duties of office

Employees of the European Patent Office shall be bound, even after the

termination of their employment, neither to disclose nor to make use of in-

formation which by its nature is a professional secret.

Article 13

Disputes between the Organisation and the employees of the

European Patent Office

(1) Employees and former employees of the European Patent Office or

their successors in title may apply to the Administrative Tribunal of the In-

ternational Labour Organization in the case of disputes with the European

Patent Organisation, in accordance with the Statute of the Tribunal and

within the limits and subject to the conditions laid down in the Service

Regulations for permanent employees or the Pension Scheme Regulations

or arising from the conditions of employment of other employees.

(2) An appeal shall only be admissible if the person concerned has ex-

hausted such other means of appeal as are available to him under the Ser-

vice Regulations, the Pension Scheme Regulations or the conditions of

employment.

Article 14

Languages of the European Patent Office, European patent

applications and other documents

(1) The official languages of the European Patent Office shall be English,

French and German.

(2) A European patent application shall be filed in one of the official lan-

guages or, if filed in any other language, translated into one of the official

languages in accordance with the Implementing Regulations. Throughout

the proceedings before the European Patent Office, such translation may

be brought into conformity with the application as filed. If a required transla-

tion is not filed in due time, the application shall be deemed to be with-

drawn.

(3) The official language of the European Patent Office in which the Eu-

ropean patent application is filed or into which it is translated shall be used

as the language of the proceedings in all proceedings before the European

Patent Office, unless the Implementing Regulations provide otherwise.

(4) Natural or legal persons having their residence or principal place of

business within a Contracting State having a language other than English,

French or German as an official language, and nationals of that State who

are resident abroad, may file documents which have to be filed within a

time limit in an official language of that State. They shall, however, file a

translation in an official language of the European Patent Office in accord-

ance with the Implementing Regulations. If any document, other than those

Amended by the Act revising the European Patent Convention of 29.11.2000.

See decisions of the Enlarged Board of Appeal G 6/91, G 2/95, G 4/08 (Annex I).

Art. 70, 80, 90, 92,

93, 97, 98, 103,

127, 129

R. 3-7, 36, 40, 49,

61, 68, 112

European Patent Convention April 2024

documents making up the European patent application, is not filed in the

prescribed language, or if any required translation is not filed in due time,

the document shall be deemed not to have been filed.

(5) European patent applications shall be published in the language of

the proceedings.

(6) Specifications of European patents shall be published in the language

of the proceedings and shall include a translation of the claims in the other

two official languages of the European Patent Office.

(7) The following shall be published in the three official languages of the

European Patent Office:

(a) the European Patent Bulletin;

(b) the Official Journal of the European Patent Office.

(8) Entries in the European Patent Register shall be made in the three of-

ficial languages of the European Patent Office. In cases of doubt, the entry

in the language of the proceedings shall be authentic.

Article 15

Departments entrusted with the procedure

To carry out the procedures laid down in this Convention, the following shall

be set up within the European Patent Office:

(a) a Receiving Section;

(b) Search Divisions;

(d) Opposition Divisions;

(e) a Legal Division;

(f) Boards of Appeal;

(g) an Enlarged Board of Appeal.

Article 16

Receiving Section

The Receiving Section shall be responsible for the examination on filing

and the examination as to formal requirements of European patent applica-

tions.

See opinion of the Enlarged Board of Appeal G 1/02 (Annex I).

Amended by the Act revising the European Patent Convention of 29.11.2000.

Art. 16-22, 143

R. 8-13

Art. 15

R. 10, 11

European Patent Convention April 2024

Article 17

Search Divisions

The Search Divisions shall be responsible for drawing up European search

reports.

Article 18

Examining Divisions

(1) The Examining Divisions shall be responsible for the examination of

European patent applications.

(2)

An Examining Division shall consist of three technically qualified ex-

aminers. However, before a decision is taken on a European patent appli-

cation, its examination shall, as a general rule, be entrusted to one member

of the Examining Division. Oral proceedings shall be before the Examining

Division itself. If the Examining Division considers that the nature of the de-

cision so requires, it shall be enlarged by the addition of a legally qualified

examiner. In the event of parity of votes, the vote of the Chairman of the

Examining Division shall be decisive.

Article 19

Opposition Divisions

(1) The Opposition Divisions shall be responsible for the examination of

oppositions against any European patent.

(2) An Opposition Division shall consist of three technically qualified ex-

aminers, at least two of whom shall not have taken part in the proceedings

for grant of the patent to which the opposition relates. An examiner who has

taken part in the proceedings for the grant of the European patent may not

be the Chairman. Before a decision is taken on the opposition, the Opposi-

tion Division may entrust the examination of the opposition to one of its

members. Oral proceedings shall be before the Opposition Division itself. If

the Opposition Division considers that the nature of the decision so re-

quires, it shall be enlarged by the addition of a legally qualified examiner

who shall not have taken part in the proceedings for grant of the patent. In

the event of parity of votes, the vote of the Chairman of the Opposition Di-

vision shall be decisive.

Article 20

Legal Division

(1) The Legal Division shall be responsible for decisions in respect of en-

tries in the Register of European Patents and in respect of registration on,

and deletion from, the list of professional representatives.

Amended by the Act revising the European Patent Convention of 29.11.2000.

See opinion of the Enlarged Board of Appeal G 1/02 (Annex I).

See decision/opinion of the Enlarged Board of Appeal G 5/91, G 1/02 (Annex I).

See decisions of the President of the EPO of 21.11.2013 concerning the responsibilities

of the Legal Division (OJ EPO 2013, 600) and concerning the entrustment to non-legally

qualified staff of certain duties incumbent on the Legal Division (OJ EPO 2013, 601).

Art. 15, 92

R. 11, 61-65

Art. 15, 33, 94, 97

R. 10, 11, 70, 159

Art. 99

R. 11, 75-89

Art. 15, 127, 134,

134a

R. 11

European Patent Convention April 2024

(2) Decisions of the Legal Division shall be taken by one legally qualified

member.

Article 21

Boards of Appeal

(1) The Boards of Appeal shall be responsible for the examination of ap-

peals from decisions of the Receiving Section, the Examining Divisions and

Opposition Divisions, and the Legal Division.

(2) For appeals from decisions of the Receiving Section or the Legal Di-

vision, a Board of Appeal shall consist of three legally qualified members.

(3) For appeals from a decision of an Examining Division, a Board of Ap-

peal shall consist of:

(a) two technically qualified members and one legally qualified member,

when the decision concerns the refusal of a European patent application or

the grant, limitation or revocation of a European patent, and was taken by

an Examining Division consisting of less than four members;

(b) three technically and two legally qualified members, when the deci-

sion was taken by an Examining Division consisting of four members, or

when the Board of Appeal considers that the nature of the appeal so re-

quires;

(4) For appeals from a decision of an Opposition Division, a Board of Ap-

peal shall consist of:

(a) two technically qualified members and one legally qualified member,

when the decision was taken by an Opposition Division consisting of three

members;

(b) three technically and two legally qualified members, when the deci-

sion was taken by an Opposition Division consisting of four members, or

when the Board of Appeal considers that the nature of the appeal so re-

quires.

Article 22

Enlarged Board of Appeal

(1) The Enlarged Board of Appeal shall be responsible for:

(a) deciding on points of law referred to it by Boards of Appeal under Ar-

ticle 112;

(b) giving opinions on points of law referred to it by the President of the

European Patent Office under Article 112;

Amended by the Act revising the European Patent Convention of 29.11.2000.

See decisions/opinions of the Enlarged Board of Appeal G 2/90, G 8/95, G 1/02, G 3/03,

G 1/11 (Annex I).

Amended by the Act revising the European Patent Convention of 29.11.2000.

Art. 11, 15, 106

R. 12a, 12b, 12c,

12d, 97, 98

Art. 11, 15, 112,

112a

R. 12a, 12b, 12c,

12d, 13, 109

European Patent Convention April 2024

under Article 112a.

(2) In proceedings under paragraph 1(a) and (b), the Enlarged Board of

Appeal shall consist of five legally and two technically qualified members. In

proceedings under paragraph 1(c), the Enlarged Board of Appeal shall

consist of three or five members as laid down in the Implementing Regula-

tions. In all proceedings, a legally qualified member shall be the Chairman.

Article 23

Independence of the members of the Boards

(1) The members of the Enlarged Board of Appeal and of the Boards of

Appeal shall be appointed for a term of five years and may not be removed

from office during this term, except if there are serious grounds for such

removal and if the Administrative Council, on a proposal from the Enlarged

Board of Appeal, takes a decision to this effect. Notwithstanding sen-

tence 1, the term of office of members of the Boards shall end if they resign

or are retired in accordance with the Service Regulations for permanent

employees of the European Patent Office.

(2) The members of the Boards may not be members of the Receiving

Section, Examining Divisions, Opposition Divisions or Legal Division.

(3)

In their decisions the members of the Boards shall not be bound by

any instructions and shall comply only with the provisions of this Conven-

tion.

(4)

The Rules of Procedure of the Boards of Appeal and the Enlarged

Board of Appeal shall be adopted in accordance with the Implementing

Regulations. They shall be subject to the approval of the Administrative

Council.

Article 24

Exclusion and objection

(1) Members of the Boards of Appeal or of the Enlarged Board of Appeal

may not take part in a case in which they have any personal interest, or if

they have previously been involved as representatives of one of the parties,

or if they participated in the decision under appeal.

(2) If, for one of the reasons mentioned in paragraph 1, or for any other

reason, a member of a Board of Appeal or of the Enlarged Board of Appeal

Amended by the Act revising the European Patent Convention of 29.11.2000.

See decision of the Enlarged Board of Appeal G 2/06 (Annex I).

See the Rules of Procedure of the Boards of Appeal, last amendments approved by de-

cisions of the Administrative Council CA/D 5/19 of 26.06.2019 (OJ EPO 2019, A63) and

CA/D 3/21 of 23.03.2021 (OJ EPO 2021, A19) and the Rules of Procedure of the Enlarged

Board of Appeal, last amendments approved by decision of the Administrative Council

CA/D 3/15 of 25.03.2015 (OJ EPO 2015, A35).

See decision of the Enlarged Board of Appeal G 6/95 (Annex I).

See decisions of the Enlarged Board of Appeal G 5/91, G 1/05, G 2/08 of 15.06.2009,

G 3/08 of 16.10.2009 (Annex I).

Art. 11

R. 12a, 12b, 12c,

12d, 13

R. 144

European Patent Convention April 2024

considers that he should not take part in any appeal, he shall inform the

Board accordingly.

(3) Members of a Board of Appeal or of the Enlarged Board of Appeal

may be objected to by any party for one of the reasons mentioned in para-

graph 1, or if suspected of partiality. An objection shall not be admissible if,

while being aware of a reason for objection, the party has taken a proce-

dural step. An objection may not be based upon the nationality of members.

(4) The Boards of Appeal and the Enlarged Board of Appeal shall decide

as to the action to be taken in the cases specified in paragraphs 2 and 3,

without the participation of the member concerned. For the purposes of tak-

ing this decision the member objected to shall be replaced by his alternate.

Article 25

Technical opinion

At the request of the competent national court hearing an infringement or

revocation action, the European Patent Office shall be obliged, on payment

of an appropriate fee,

to give a technical opinion concerning the Europe-

an patent which is the subject of the action. The Examining Division shall

be responsible for issuing such opinions.

Chapter IV

The Administrative Council

Article 26

Membership

(1) The Administrative Council shall be composed of the Representatives

and the alternate Representatives of the Contracting States. Each Con-

tracting State shall be entitled to appoint one Representative and one alter-

nate Representative to the Administrative Council.

(2) The members of the Administrative Council may, in accordance with

the Rules of Procedure of the Administrative Council, be assisted by advis-

ers or experts.

Article 27

Chairmanship

(1) The Administrative Council shall elect a Chairman and a Deputy

Chairman from among the Representatives and alternate Representatives

of the Contracting States. The Deputy Chairman shall ex officio replace the

Chairman if he is prevented from carrying out his duties.

(2) The terms of office of the Chairman and the Deputy Chairman shall

be three years. They may be re-elected.

See Article 2(1), item 20, of the Rules relating to Fees.

European Patent Convention April 2024

Article 28

Board

(1) When there are at least eight Contracting States, the Administrative

Council may set up a Board composed of five of its members.

(2) The Chairman and the Deputy Chairman of the Administrative Coun-

cil shall be members of the Board ex officio; the other three members shall

be elected by the Administrative Council.

(3) The term of office of the members elected by the Administrative

Council shall be three years. They may not be re-elected.

(4) The Board shall perform the duties assigned to it by the Administra-

tive Council in accordance with the Rules of Procedure.

Article 29

Meetings

(1) Meetings of the Administrative Council shall be convened by its

Chairman.

(2) The President of the European Patent Office shall take part in the de-

liberations of the Administrative Council.

(3) The Administrative Council shall hold an ordinary meeting once each

year. In addition, it shall meet on the initiative of its Chairman or at the re-

quest of one-third of the Contracting States.

(4) The deliberations of the Administrative Council shall be based on an

agenda, and shall be held in accordance with its Rules of Procedure.

(5) The provisional agenda shall contain any question whose inclusion is

requested by any Contracting State in accordance with the Rules of Proce-

dure.

Article 30

Attendance of observers

(1) The World Intellectual Property Organization shall be represented at

the meetings of the Administrative Council, in accordance with an agree-

ment between the Organisation and the World Intellectual Property Organi-

zation.

(2) Other intergovernmental organisations entrusted with carrying out in-

ternational procedures in the field of patents, with which the Organisation

has concluded an agreement, shall be represented at the meetings of the

Administrative Council, in accordance with such agreement.

(3) Any other intergovernmental and international non-governmental or-

ganisations carrying out an activity of interest to the Organisation may be

See decisions of the Administrative Council of 05.06.2003 setting up a Board of the Ad-

ministrative Council (OJ EPO 2003, 333) and of 30.10.2003 concerning the operation of the

Board of the Administrative Council (OJ EPO 2003, 579).

European Patent Convention April 2024

invited by the Administrative Council to be represented at its meetings dur-

ing any discussion of matters of mutual interest.

Article 31

Languages of the Administrative Council

(1) The languages used in the deliberations of the Administrative Council

shall be English, French and German.

(2) Documents submitted to the Administrative Council, and the minutes

of its deliberations, shall be drawn up in the three languages specified in

paragraph 1.

Article 32

Staff, premises and equipment

The European Patent Office shall place at the disposal of the Administrative

Council, and of any committee established by it, such staff, premises and

equipment as may be necessary for the performance of their duties.

Article 33

Competence of the Administrative Council in certain cases

(1) The Administrative Council shall be competent to amend:

(a) the time limits laid down in this Convention;

(b) Parts II to VIII and Part X of this Convention, to bring them into line

with an international treaty relating to patents or European Community leg-

islation relating to patents;

(2) The Administrative Council shall be competent, in conformity with this

Convention, to adopt or amend:

(a) the Financial Regulations;

(b) the Service Regulations for permanent employees and the conditions

of employment of other employees of the European Patent Office, the sala-

ry scales of the said permanent and other employees, and also the nature

of any supplementary benefits and the rules for granting them;

existing pensions to correspond to increases in salaries;

(d) the Rules relating to Fees;

(e) its Rules of Procedure.

(3) Notwithstanding Article 18, paragraph 2, the Administrative Council

shall be competent to decide, in the light of experience, that in certain cate-

Amended by the Act revising the European Patent Convention of 29.11.2000.

See decisions/opinions of the Enlarged Board of Appeal G 5/88, G 7/88, G 8/88, G 6/95,

G 1/02 (Annex I).

Art. 35

R. 9, 12c, 122

European Patent Convention April 2024

gories of cases Examining Divisions shall consist of one technically quali-

fied examiner only. Such decision may be rescinded.

(4) The Administrative Council shall be competent to authorise the Presi-

dent of the European Patent Office to negotiate and, subject to its approval,

to conclude agreements on behalf of the European Patent Organisation

with States, with intergovernmental organisations and with documentation

centres set up on the basis of agreements with such organisations.

(5) The Administrative Council may not take a decision under para-

graph 1(b):

- concerning an international treaty, before its entry into force;

- concerning European Community legislation, before its entry into

force or, where that legislation lays down a period for its implementation,

before the expiry of that period.

Article 34

Voting rights

(1) The right to vote in the Administrative Council shall be restricted to

the Contracting States.

(2) Each Contracting State shall have one vote, except where Article 36

applies.

Article 35

Voting rules

(1) The Administrative Council shall take its decisions, other than those

referred to in paragraphs 2 and 3, by a simple majority of the Contracting

States represented and voting.

(2) A majority of three-quarters of the votes of the Contracting States rep-

resented and voting shall be required for the decisions which the Adminis-

trative Council is empowered to take under Article 7, Article 11, para-

graph 1, Article 33, paragraphs 1(a) and (c), and 2 to 4, Article 39, para-

graph 1, Article 40, paragraphs 2 and 4, Article 46, Article 134a, Arti-

cle 149a, paragraph 2, Article 152, Article 153, paragraph 7, Article 166 and

Article 172.

(3) Unanimity of the Contracting States voting shall be required for the

decisions which the Administrative Council is empowered to take under Ar-

ticle 33, paragraph 1(b). The Administrative Council shall take such deci-

sions only if all the Contracting States are represented. A decision taken on

the basis of Article 33, paragraph 1(b), shall not take effect if a Contracting

State declares, within twelve months of the date of the decision, that it does

not wish to be bound by that decision.

(4) Abstentions shall not be considered as votes.

Amended by the Act revising the European Patent Convention of 29.11.2000.

European Patent Convention April 2024

Article 36

Weighting of votes

(1) In respect of the adoption or amendment of the Rules relating to Fees

and, if the financial contribution to be made by the Contracting States would

thereby be increased, the adoption of the budget of the Organisation and of

any amending or supplementary budget, any Contracting State may re-

quire, following a first ballot in which each Contracting State shall have one

vote, and whatever the result of this ballot, that a second ballot be taken

immediately, in which votes shall be given to the States in accordance with

paragraph 2. The decision shall be determined by the result of this second

ballot.

(2) The number of votes that each Contracting State shall have in the

second ballot shall be calculated as follows:

(a) the percentage obtained for each Contracting State in respect of the

scale for the special financial contributions, pursuant to Article 40, para-

graphs 3 and 4, shall be multiplied by the number of Contracting States and

divided by five;

(b) the number of votes thus given shall be rounded upwards to the next

whole number;

(d) nevertheless, no Contracting State shall have more than 30 votes.

Chapter V

Financial provisions

Article 37

Budgetary funding

The budget of the Organisation shall be financed:

(a) by the Organisation's own resources;

(b) by payments made by the Contracting States in respect of renewal

fees for European patents levied in these States;

tracting States;

(d) where appropriate, by the revenue provided for in Article 146;

(e) where appropriate, and for tangible assets only, by third-party borrow-

ings secured on land or buildings;

(f) where appropriate, by third-party funding for specific projects.

Amended by the Act revising the European Patent Convention of 29.11.2000.

Art. 47, 50

European Patent Convention April 2024

Article 38

The Organisation's own resources

The Organisation's own resources shall comprise:

(a) all income from fees and other sources and also the reserves of the

Organisation;

(b) the resources of the Pension Reserve Fund, which shall be treated as

a special class of asset of the Organisation, designed to support the Organ-

isation's pension scheme by providing the appropriate reserves.

Article 39

Payments by the Contracting States in respect of renewal fees for

European patents

(1)

Each Contracting State shall pay to the Organisation in respect of

each renewal fee received for a European patent in that State an amount

equal to a proportion of that fee, to be fixed by the Administrative Council;

the proportion shall not exceed 75% and shall be the same for all Contract-

ing States. However, if the said proportion corresponds to an amount which

is less than a uniform minimum amount fixed by the Administrative Council,

the Contracting State shall pay that minimum to the Organisation.

(2) Each Contracting State shall communicate to the Organisation such

information as the Administrative Council considers to be necessary to de-

termine the amount of these payments.

(3) The due dates for these payments shall be determined by the Admin-

istrative Council.

(4) If a payment is not remitted fully by the due date, the Contracting

State shall pay interest from the due date on the amount remaining unpaid.

Article 40

Level of fees and payments – Special financial contributions

(1) The amounts of the fees referred to in Article 38 and the proportion

referred to in Article 39 shall be fixed at such a level as to ensure that the

revenue in respect thereof is sufficient for the budget of the Organisation to

be balanced.

(2) However, if the Organisation is unable to balance its budget under the

conditions laid down in paragraph 1, the Contracting States shall remit to

the Organisation special financial contributions, the amount of which shall

be determined by the Administrative Council for the accounting period in

question.

(3) These special financial contributions shall be determined in respect of

any Contracting State on the basis of the number of patent applications

Amended by the Act revising the European Patent Convention of 29.11.2000.

See decision of the Administrative Council of 08.06.1984 on the proportion of renewal

fees for European patents to be remitted to the EPO (OJ EPO 1984, 296).

Art. 40

Art. 35, 40, 41, 47,

50, 141, 146, 147,

176

Art. 35, 36, 47, 50,

146, 170, 176

European Patent Convention April 2024

filed in the last year but one prior to that of entry into force of this Conven-

tion, and calculated in the following manner:

(a) one half in proportion to the number of patent applications filed in that

Contracting State;

(b) one half in proportion to the second highest number of patent applica-

tions filed in the other Contracting States by natural or legal persons having

their residence or principal place of business in that Contracting State.

However, the amounts to be contributed by States in which the number of

patent applications filed exceeds 25 000 shall then be taken as a whole and

a new scale drawn up in proportion to the total number of patent applica-

tions filed in these States.

(4) Where the scale position of any Contracting State cannot be estab-

lished in accordance with paragraph 3, the Administrative Council shall,

with the consent of that State, decide its scale position.

(5) Article 39, paragraphs 3 and 4, shall apply mutatis mutandis to the

special financial contributions.

(6) The special financial contributions shall be repaid with interest at a

rate which shall be the same for all Contracting States. Repayments shall

be made in so far as it is possible to provide for this purpose in the budget;

the amount thus provided shall be distributed among the Contracting States

in accordance with the scale referred to in paragraphs 3 and 4.

(7) The special financial contributions remitted in any accounting period

shall be repaid in full before any such contributions or parts thereof remitted

in any subsequent accounting period are repaid.

Article 41

Advances

(1) At the request of the President of the European Patent Office, the

Contracting States shall grant advances to the Organisation, on account of

their payments and contributions, within the limit of the amount fixed by the

Administrative Council. The amount of such advances shall be determined

in proportion to the amounts due from the Contracting States for the ac-

counting period in question.

(2) Article 39, paragraphs 3 and 4, shall apply mutatis mutandis to the

advances.

Article 42

Budget

(1) The budget of the Organisation shall be balanced. It shall be drawn

up in accordance with the generally accepted accounting principles laid

down in the Financial Regulations. If necessary, there may be amending or

supplementary budgets.

Amended by the Act revising the European Patent Convention of 29.11.2000.

Art. 50, 146

European Patent Convention April 2024

(2) The budget shall be drawn up in the unit of account fixed in the Fi-

nancial Regulations.

Article 43

Authorisation for expenditure

(1) The expenditure entered in the budget shall be authorised for the du-

ration of one accounting period, unless the Financial Regulations provide

otherwise.

(2) In accordance with the Financial Regulations, any appropriations,

other than those relating to staff costs, which are unexpended at the end of

the accounting period may be carried forward, but not beyond the end of

the following accounting period.

(3) Appropriations shall be set out under different headings according to

type and purpose of the expenditure and subdivided, as far as necessary,

in accordance with the Financial Regulations.

Article 44

Appropriations for unforeseeable expenditure

(1) The budget of the Organisation may contain appropriations for un-

foreseeable expenditure.

(2) The employment of these appropriations by the Organisation shall be

subject to the prior approval of the Administrative Council.

Article 45

Accounting period

The accounting period shall commence on 1 January and end

on 31 December.

Article 46

Preparation and adoption of the budget

(1) The President of the European Patent Office shall submit the draft

budget to the Administrative Council no later than the date prescribed in the

Financial Regulations.

(2) The budget and any amending or supplementary budget shall be

adopted by the Administrative Council.

Article 47

Provisional budget

(1) If, at the beginning of the accounting period, the budget has not been

adopted by the Administrative Council, expenditures may be effected on a

monthly basis per heading or other division of the budget, in accordance

with the Financial Regulations, up to one-twelfth of the budget appropria-

tions for the preceding accounting period, provided that the appropriations

thus made available to the President of the European Patent Office shall

not exceed one-twelfth of those provided for in the draft budget.

Art. 35

Art. 146

European Patent Convention April 2024

(2) The Administrative Council may, subject to the observance of the

other provisions laid down in paragraph 1, authorise expenditure in excess

of one-twelfth of the appropriations.

(3) The payments referred to in Article 37(b) shall continue to be made,

on a provisional basis, under the conditions determined under Article 39 for

the year preceding that to which the draft budget relates.

(4) The Contracting States shall pay each month, on a provisional basis

and in accordance with the scale referred to in Article 40, paragraphs 3 and

4, any special financial contributions necessary to ensure implementation of

paragraphs 1 and 2. Article 39, paragraph 4, shall apply mutatis mutandis

to these contributions.

Article 48

Budget implementation

(1) The President of the European Patent Office shall implement the

budget and any amending or supplementary budget on his own responsibil-

ity and within the limits of the allocated appropriations.

(2) Within the budget, the President of the European Patent Office may,

in accordance with the Financial Regulations, transfer funds between the

various headings or sub-headings.

Article 49

Auditing of accounts

(1) The income and expenditure account and a balance sheet of the Or-

ganisation shall be examined by auditors whose independence is beyond

doubt, appointed by the Administrative Council for a period of five years,

which shall be renewable or extensible.

(2) The audit shall be based on vouchers and shall take place, if neces-

sary, in situ. The audit shall ascertain whether all income has been re-

ceived and all expenditure effected in a lawful and proper manner and

whether the financial management is sound. The auditors shall draw up a

report containing a signed audit opinion after the end of each accounting

period.

(3) The President of the European Patent Office shall annually submit to

the Administrative Council the accounts of the preceding accounting period

in respect of the budget and the balance sheet showing the assets and lia-

bilities of the Organisation together with the report of the auditors.

(4) The Administrative Council shall approve the annual accounts to-

gether with the report of the auditors and shall discharge the President of

the European Patent Office in respect of the implementation of the budget.

European Patent Convention April 2024

Article 50

Financial Regulations

The Financial Regulations shall lay down in particular:

(a) the arrangements relating to the establishment and implementation of

the budget and for the rendering and auditing of accounts;

(b) the method and procedure whereby the payments and contributions

provided for in Article 37 and the advances provided for in Article 41 are to

be made available to the Organisation by the Contracting States;

officers and the arrangements for their supervision;

(d) the rates of interest provided for in Articles 39, 40 and 47;

(e) the method of calculating the contributions payable by virtue of Arti-

cle 146;

(f) the composition of and duties to be assigned to a Budget and Fi-

nance Committee which should be set up by the Administrative Council;

(g) the generally accepted accounting principles on which the budget and

the annual financial statements shall be based.

Article 51

Fees

(1) The European Patent Office may levy fees for any official task or pro-

cedure carried out under this Convention.

(2) Time limits for the payment of fees other than those fixed by this

Convention shall be laid down in the Implementing Regulations.

(3) Where the Implementing Regulations provide that a fee shall be paid,

they shall also lay down the legal consequences of failure to pay such fee

in due time.

(4) The Rules relating to Fees shall determine in particular the amounts

of the fees and the ways in which they are to be paid.

Amended by the Act revising the European Patent Convention of 29.11.2000.

Art. 33

European Patent Convention April 2024

PART II

SUBSTANTIVE PATENT LAW

Chapter I

Patentability

Article 52

Patentable inventions

(1) European patents shall be granted for any inventions, in all fields of

technology, provided that they are new, involve an inventive step and are

susceptible of industrial application.

(2) The following in particular shall not be regarded as inventions within

the meaning of paragraph 1:

(a) discoveries, scientific theories and mathematical methods;

(b) aesthetic creations;

games or doing business, and programs for computers;

(d) presentations of information.

(3) Paragraph 2 shall exclude the patentability of the subject-matter or

activities referred to therein only to the extent to which a European patent

application or European patent relates to such subject-matter or activities

as such.

Article 53

Exceptions to patentability

European patents shall not be granted in respect of:

(a) inventions the commercial exploitation of which would be contrary to

"ordre public" or morality; such exploitation shall not be deemed to be so

contrary merely because it is prohibited by law or regulation in some or all

of the Contracting States;

(b) plant or animal varieties or essentially biological processes for the

production of plants or animals; this provision shall not apply to microbio-

logical processes or the products thereof;

therapy and diagnostic methods practised on the human or animal body;

this provision shall not apply to products, in particular substances or com-

positions, for use in any of these methods.

Amended by the Act revising the European Patent Convention of 29.11.2000.

See decisions of the Enlarged Board of Appeal G 1/98, G 1/03, G 2/03, G 3/08, G 1/16

(Annex I).

Amended by the Act revising the European Patent Convention of 29.11.2000.

See decisions/opinion of the Enlarged Board of Appeal G 3/95, G 1/98, G 1/03, G 2/03,

G 1/04, G 2/06, G 1/07, G 2/07, G 1/08, G 2/08, G 1/16, G 3/19 (Annex I).

Art. 54, 56, 57,

100, 138

R. 26, 27, 29

Art. 54, 100, 138

R. 28, 29

European Patent Convention April 2024

Article 54

Novelty

(1) An invention shall be considered to be new if it does not form part of

the state of the art.

(2) The state of the art shall be held to comprise everything made availa-

ble to the public by means of a written or oral description, by use, or in any

other way, before the date of filing of the European patent application.

(3) Additionally, the content of European patent applications as filed, the

dates of filing of which are prior to the date referred to in paragraph 2 and

which were published on or after that date, shall be considered as com-

prised in the state of the art.

(4) Paragraphs 2 and 3 shall not exclude the patentability of any sub-

stance or composition, comprised in the state of the art, for use in a method

referred to in Article 53(c), provided that its use for any such method is not

comprised in the state of the art.

(5)

Paragraphs 2 and 3 shall also not exclude the patentability of any

substance or composition referred to in paragraph 4 for any specific use in

a method referred to in Article 53(c), provided that such use is not com-

prised in the state of the art.

Article 55

Non-prejudicial disclosures

(1) For the application of Article 54, a disclosure of the invention shall not

be taken into consideration if it occurred no earlier than six months preced-

ing the filing of the European patent application and if it was due to, or in

consequence of:

(a)

an evident abuse in relation to the applicant or his legal predecessor,

(b) the fact that the applicant or his legal predecessor has displayed the

invention at an official, or officially recognised, international exhibition falling

within the terms of the Convention on international exhibitions signed at

Paris on 22 November 1928 and last revised on 30 November 1972.

(2) In the case of paragraph 1(b), paragraph 1 shall apply only if the ap-

plicant states, when filing the European patent application, that the inven-

tion has been so displayed and files a supporting certificate within the time

limit and under the conditions laid down in the Implementing Regulations.

Amended by the Act revising the European Patent Convention of 29.11.2000.

See decisions/opinions of the Enlarged Board of Appeal G 2/88, G 6/88, G 1/92, G 3/93,

G 1/98, G 2/98, G 3/98, G 2/99, G 1/03, G 2/03, G 2/08, G 1/16 (Annex I).

See notice from the EPO of 20.09.2010 (OJ EPO 2010, 514).

See decisions of the Enlarged Board of Appeal G 3/98, G 2/99 (Annex I).

Art. 53, 55, 56, 80,

85, 89, 100, 138,

153

R. 40, 42, 61, 138,

165

Art. 100, 138

R. 25, 159

Art. 52, 100, 138

R. 30, 42, 61

European Patent Convention April 2024

Article 56

Inventive step

An invention shall be considered as involving an inventive step if, having

regard to the state of the art, it is not obvious to a person skilled in the art. If

the state of the art also includes documents within the meaning of Arti-

cle 54, paragraph 3, these documents shall not be considered in deciding

whether there has been an inventive step.

Article 57

Industrial application

An invention shall be considered as susceptible of industrial application if it

can be made or used in any kind of industry, including agriculture.

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

A European patent application may be filed by any natural or legal person,

or any body equivalent to a legal person by virtue of the law governing it.

Article 59

Multiple applicants

A European patent application may also be filed either by joint applicants or

by two or more applicants designating different Contracting States.

Article 60

Right to a European patent

(1) The right to a European patent shall belong to the inventor or his suc-

cessor in title. If the inventor is an employee, the right to a European patent

shall be determined in accordance with the law of the State in which the

employee is mainly employed; if the State in which the employee is mainly

employed cannot be determined, the law to be applied shall be that of the

State in which the employer has the place of business to which the em-

ployee is attached.

(2) If two or more persons have made an invention independently of each

other, the right to a European patent therefor shall belong to the person

whose European patent application has the earliest date of filing, provided

that this first application has been published.

See decisions/opinions of the Enlarged Board of Appeal G 2/98, G 3/98, G 2/99, G 1/03,

G 2/03, G 1/16 (Annex I).

See decisions of the Enlarged Board of Appeal G 1/03, G 2/03, G 1/04, G 1/16 (Annex I).

See decisions of the Enlarged Board of Appeal G 3/99, G 2/04 (Annex I).

Amended by the Act revising the European Patent Convention of 29.11.2000.

See decisions/opinions of the Enlarged Board of Appeal G 3/92, G 2/98, G 1/03, G 2/03

(Annex I).

Art. 52, 100, 138

R. 29, 30, 42

Art. 118

R. 41, 72, 151

Art. 61, 80, 89,

138

R. 40

European Patent Convention April 2024

(3) In proceedings before the European Patent Office, the applicant shall

be deemed to be entitled to exercise the right to a European patent.

Article 61

European patent applications filed by non-entitled persons

(1) If by a final decision it is adjudged that a person other than the appli-

cant is entitled to the grant of the European patent, that person may, in ac-

cordance with the Implementing Regulations:

(a) prosecute the European patent application as his own application in

place of the applicant;

(b) file a new European patent application in respect of the same inven-

tion; or

(2) Article 76, paragraph 1, shall apply mutatis mutandis to a new Euro-

pean patent application filed under paragraph 1(b).

Article 62

Right of the inventor to be mentioned

The inventor shall have the right, vis-à-vis the applicant for or proprietor of

a European patent, to be mentioned as such before the European Patent

Office.

Chapter III

Effects of the European patent and the European patent application

Article 63

Term of the European patent

(1) The term of the European patent shall be 20 years from the date of fil-

ing of the application.

(2) Nothing in the preceding paragraph shall limit the right of a Contract-

ing State to extend the term of a European patent, or to grant cor-

responding protection which follows immediately on expiry of the term of

the patent, under the same conditions as those applying to national pa-

tents:

(a) in order to take account of a state of war or similar emergency condi-

tions affecting that State;

(b) if the subject-matter of the European patent is a product or a process

for manufacturing a product or a use of a product which has to undergo an

administrative authorisation procedure required by law before it can be put

on the market in that State.

Amended by the Act revising the European Patent Convention of 29.11.2000.

See decision of the Enlarged Board of Appeal G 3/92 (Annex I).

Amended by the Act revising Article 63 EPC of 17.12.1991, which entered into force on

04.07.1997 (OJ EPO 1992, 1 ff).

Art. 100, 128, 138

R. 6, 14-18, 45,

51, 60, 78, 136,

143, 147

Art. 81

R. 19-21, 60, 143

Art. 2

European Patent Convention April 2024

(3) Paragraph 2 shall apply mutatis mutandis to European patents grant-

ed jointly for a group of Contracting States in accordance with Article 142.

(4) A Contracting State which makes provision for extension of the term

or corresponding protection under paragraph 2(b) may, in accordance with

an agreement concluded with the Organisation, entrust to the European

Patent Office tasks associated with implementation of the relevant provi-

sions.

Article 64

Rights conferred by a European patent

(1) A European patent shall, subject to the provisions of paragraph 2,

confer on its proprietor from the date on which the mention of its grant is

published in the European Patent Bulletin, in each Contracting State in re-

spect of which it is granted, the same rights as would be conferred by a na-

tional patent granted in that State.

(2) If the subject-matter of the European patent is a process, the protec-

tion conferred by the patent shall extend to the products directly obtained

by such process.

(3) Any infringement of a European patent shall be dealt with by national

law.

Article 65

Translation of the European patent

(1) Any Contracting State may, if the European patent as granted,

amended or limited by the European Patent Office is not drawn up in one of

its official languages, prescribe that the proprietor of the patent shall supply

to its central industrial property office a translation of the patent as granted,

amended or limited in one of its official languages at his option or, where

that State has prescribed the use of one specific official language, in that

language. The period for supplying the translation shall end three months

after the date on which the mention of the grant, maintenance in amended

form or limitation of the European patent is published in the European Pa-

tent Bulletin, unless the State concerned prescribes a longer period.

(2) Any Contracting State which has adopted provisions pursuant to par-

agraph 1 may prescribe that the proprietor of the patent must pay all or part

of the costs of publication of such translation within a period laid down by

that State.

(3) Any Contracting State may prescribe that in the event of failure to ob-

serve the provisions adopted in accordance with paragraphs 1 and 2, the

European patent shall be deemed to be void ab initio in that State.

See decisions of the Enlarged Board of Appeal G 2/88, G 1/98 (Annex I).

Amended by the Act revising the European Patent Convention of 29.11.2000.

See the Agreement of 17.10.2000 on the application of Article 65 EPC (London Agree-

ment, OJ EPO 2001, 549), which entered into force on 01.05.2008 (OJ EPO 2008, 123) and

which currently has 22 contracting states: AL, BE, CH, DE, DK, FI, FR, GB, HR, HU, IE, IS,

LI, LT, LU, LV, MC, MK, NL, NO, SE, SI (see www.epo.org/law-practice/legal-texts/london-

agreement.html).

Art. 2, 67, 68, 97

Art. 2, 70

R. 71, 82

European Patent Convention April 2024

Article 66

Equivalence of European filing with national filing

A European patent application which has been accorded a date of filing

shall, in the designated Contracting States, be equivalent to a regular na-

tional filing, where appropriate with the priority claimed for the European

patent application.

Article 67

Rights conferred by a European patent application after publication

(1) A European patent application shall, from the date of its publication,

provisionally confer upon the applicant the protection provided for by Arti-

cle 64, in the Contracting States designated in the application.

(2) Any Contracting State may prescribe that a European patent applica-

tion shall not confer such protection as is conferred by Article 64. However,

the protection attached to the publication of the European patent applica-

tion may not be less than that which the laws of the State concerned attach

to the compulsory publication of unexamined national patent applications.

In any event, each State shall ensure at least that, from the date of publica-

tion of a European patent application, the applicant can claim compensa-

tion reasonable in the circumstances from any person who has used the in-

vention in that State in circumstances where that person would be liable

under national law for infringement of a national patent.

(3) Any Contracting State which does not have as an official language

the language of the proceedings may prescribe that provisional protection

in accordance with paragraphs 1 and 2 above shall not be effective until

such time as a translation of the claims in one of its official languages at the

option of the applicant or, where that State has prescribed the use of one

specific official language, in that language:

(a) has been made available to the public in the manner prescribed by

national law, or

(b) has been communicated to the person using the invention in the said

State.

(4) The European patent application shall be deemed never to have had

the effects set out in paragraphs 1 and 2 when it has been withdrawn,

deemed to be withdrawn or finally refused. The same shall apply in respect

of the effects of the European patent application in a Contracting State the

designation of which is withdrawn or deemed to be withdrawn.

See opinion of the Enlarged Board of Appeal G 4/98 (Annex I).

Amended by the Act revising the European Patent Convention of 29.11.2000.

See opinion of the Enlarged Board of Appeal G 4/98 (Annex I).

Art. 80, 87, 88,

135, 137, 140

R. 40, 155

Art. 68, 70, 93,

153

R. 68

European Patent Convention April 2024

Article 68

Effect of revocation or limitation of the European patent

The European patent application and the resulting European patent shall

be deemed not to have had, from the outset, the effects specified in Arti-

cles 64 and 67, to the extent that the patent has been revoked or limited in

opposition, limitation or revocation proceedings.

Article 69

Extent of protection

(1) The extent of the protection conferred by a European patent or a Eu-

ropean patent application shall be determined by the claims. Nevertheless,

the description and drawings shall be used to interpret the claims.

(2) For the period up to grant of the European patent, the extent of the

protection conferred by the European patent application shall be deter-

mined by the claims contained in the application as published. However,

the European patent as granted or as amended in opposition, limitation or

revocation proceedings shall determine retroactively the protection con-

ferred by the application, in so far as such protection is not thereby extend-

ed.

Article 70

Authentic text of a European patent application or European patent

(1) The text of a European patent application or a European patent in the

language of the proceedings shall be the authentic text in any proceedings

before the European Patent Office and in any Contracting State.

(2) If, however, the European patent application has been filed in a lan-

guage which is not an official language of the European Patent Office, that

text shall be the application as filed within the meaning of this Convention.

(3) Any Contracting State may provide that a translation into one of its of-

ficial languages, as prescribed by it according to this Convention, shall in

that State be regarded as authentic, except for revocation proceedings, in

the event of the European patent application or European patent in the lan-

guage of the translation conferring protection which is narrower than that

conferred by it in the language of the proceedings.

(4) Any Contracting State which adopts a provision under paragraph 3:

(a) shall allow the applicant for or proprietor of the patent to file a cor-

rected translation of the European patent application or European patent.

Such corrected translation shall not have any legal effect until any condi-

Amended by the Act revising the European Patent Convention of 29.11.2000.

The Protocol on the Interpretation of Article 69 EPC is an integral part of the Convention

pursuant to Article 164, paragraph 1.

See decisions of the Enlarged Board of Appeal G 2/88, G 6/88 (Annex I).

Amended by the Act revising the European Patent Convention of 29.11.2000.

See decision of the Enlarged Board of Appeal G 1/10 (Annex I).

Art. 2, 101, 105b

Art. 2, 164

Art. 2

R. 7

European Patent Convention April 2024

tions established by the Contracting State under Article 65, paragraph 2, or

Article 67, paragraph 3, have been complied with;

(b) may prescribe that any person who, in that State, in good faith has

used or has made effective and serious preparations for using an invention

the use of which would not constitute infringement of the application or pa-

tent in the original translation, may, after the corrected translation takes ef-

fect, continue such use in the course of his business or for the needs

thereof without payment.

Chapter IV

The European patent application as an object of property

Article 71

Transfer and constitution of rights

A European patent application may be transferred or give rise to rights for

one or more of the designated Contracting States.

Article 72

Assignment

An assignment of a European patent application shall be made in writing

and shall require the signature of the parties to the contract.

Article 73

Contractual licensing

A European patent application may be licensed in whole or in part for the

whole or part of the territories of the designated Contracting States.

Article 74

Law applicable

Unless this Convention provides otherwise, the European patent applica-

tion as an object of property shall, in each designated Contracting State

and with effect for such State, be subject to the law applicable in that State

to national patent applications.

R. 22, 23, 85

R. 22, 85

R. 23, 24

Art. 148

European Patent Convention April 2024

PART III

THE EUROPEAN PATENT APPLICATION

Chapter I

Filing and requirements of the European patent application

Article 75

Filing of a European patent application

(1) A European patent application may be filed:

(a)

with the European Patent Office, or

(b)

if the law of a Contracting State so permits, and subject to Article 76,

paragraph 1, with the central industrial property office or other competent

authority of that State. Any application filed in this way shall have the same

effect as if it had been filed on the same date with the European Patent Of-

fice.

(2) Paragraph 1 shall not preclude the application of legislative or regula-

tory provisions which, in any Contracting State:

(a) govern inventions which, owing to the nature of their subject-matter,

may not be communicated abroad without the prior authorisation of the

competent authorities of that State, or

(b) prescribe that any application is to be filed initially with a national au-

thority, or make direct filing with another authority subject to prior authorisa-

tion.

Article 76

European divisional applications

(1) A European divisional application shall be filed directly with the Euro-

pean Patent Office in accordance with the Implementing Regulations. It

may be filed only in respect of subject-matter which does not extend be-

yond the content of the earlier application as filed; in so far as this require-

ment is complied with, the divisional application shall be deemed to have

been filed on the date of filing of the earlier application and shall enjoy any

right of priority.

Amended by the Act revising the European Patent Convention of 29.11.2000.

See decision of the President of the EPO of 03.01.2017 designating the EPO's filing of-

fices (OJ EPO 2017, A11), notice from the EPO of 14.02.2018 concerning the availability of

the EPO filing offices (OJ EPO 2018, A18) and notice from the EPO of 16.03.2018 concern-

ing the closing of the mailroom at its headquarters in Munich (OJ EPO 2018, A27).

See notice from the EPO of 30.01.2018 concerning changes to the filing options availa-

ble in Belgium for European patent applications and international applications (OJ EPO

2018, A17) and notice from the EPO of 20.11.2019 concerning changes to the filing options

available in San Marino for European patent applications and international applications

(OJ EPO 2019, A96).

Amended by the Act revising the European Patent Convention of 29.11.2000.

See opinion/decision of the Enlarged Board of Appeal G 4/98, G 1/05, G 1/06 (Annex I).

Art. 76, 120, 130,

153

R. 35, 41, 133,

134, 147

Art. 61, 75, 100,

128, 138

R. 4, 6, 16, 36, 38,

41, 45, 51, 57, 60,

135, 143, 147

European Patent Convention April 2024

(2) All the Contracting States designated in the earlier application at the

time of filing of a European divisional application shall be deemed to be

designated in the divisional application.

Article 77

Forwarding of European patent applications

(1) The central industrial property office of a Contracting State shall for-

ward to the European Patent Office any European patent application filed

with it or any other competent authority in that State, in accordance with the

Implementing Regulations.

(2) A European patent application the subject of which has been made

secret shall not be forwarded to the European Patent Office.

(3) A European patent application not forwarded to the European Patent

Office in due time shall be deemed to be withdrawn.

Article 78

Requirements of a European patent application

(1) A European patent application shall contain:

(a) a request for the grant of a European patent;

(b) a description of the invention;

(d) any drawings referred to in the description or the claims;

(e) an abstract,

and satisfy the requirements laid down in the Implementing Regulations.

(2)

A European patent application shall be subject to the payment of the

filing fee and the search fee. If the filing fee or the search fee is not paid in

due time, the application shall be deemed to be withdrawn.

Article 79

Designation of Contracting States

(1) All the Contracting States party to this Convention at the time of filing

of the European patent application shall be deemed to be designated in the

request for grant of a European patent.

(2)

The designation of a Contracting State may be subject to the pay-

ment of a designation fee.

Amended by the Act revising the European Patent Convention of 29.11.2000.

See notice from the EPO (OJ EPO 2016, A20).

Amended by the Act revising the European Patent Convention of 29.11.2000.

See opinion of the Enlarged Board of Appeal G 4/98 (Annex I).

Art. 135, 137

R. 35, 37, 45, 112,

134, 155

Art. 79, 80, 83-85,

90, 121

R. 6, 17, 31-33,

36, 38-50, 135,

139

Art. 3, 66, 80, 121,

149

R. 15-17, 36, 39,

40, 41, 70, 71, 72,

112, 135, 139,

143, 159, 160

European Patent Convention April 2024

(3) The designation of a Contracting State may be withdrawn at any time

up to the grant of the European patent.

Article 80

Date of filing

The date of filing of a European patent application shall be the date on

which the requirements laid down in the Implementing Regulations are ful-

filled.

Article 81

Designation of the inventor

The European patent application shall designate the inventor. If the appli-

cant is not the inventor or is not the sole inventor, the designation shall con-

tain a statement indicating the origin of the right to the European patent.

Article 82

Unity of invention

The European patent application shall relate to one invention only or to a

group of inventions so linked as to form a single general inventive concept.

Article 83

Disclosure of the invention

The European patent application shall disclose the invention in a manner

sufficiently clear and complete for it to be carried out by a person skilled in

the art.

Article 84

Claims

The claims shall define the matter for which protection is sought. They shall

be clear and concise and be supported by the description.

Article 85

Abstract

The abstract shall serve the purpose of technical information only; it may

not be taken into account for any other purpose, in particular for interpreting

the scope of the protection sought or applying Article 54, paragraph 3.

Amended by the Act revising the European Patent Convention of 29.11.2000.

See decision/opinion of the Enlarged Board of Appeal G 2/95, G 4/98 (Annex I).

See decision/opinion of the Enlarged Board of Appeal G 1/91, G 2/92, G 1/11 (Annex I).

See decision/opinion of the Enlarged Board of Appeal G 2/93, G 2/98 (Annex I).

See decisions/opinions of the Enlarged Board of Appeal G 2/98, G 1/03, G 2/03, G 1/04,

G 2/10, G 3/14, G 1/16 (Annex I).

Art. 54, 60, 66, 78,

79, 83, 84, 90, 92

R. 19, 30, 38, 39,

40-42, 49, 55, 56,

60, 143

Art. 62, 90

R. 19-21, 41, 60,

143, 144, 163

R. 43, 44, 64, 164

Art. 78, 80, 100,

138

R. 31-34, 40, 42

Art. 78, 80

R. 40, 43, 45, 49,

57, 62a, 63, 162

Art. 78

R. 47, 49, 66, 68

European Patent Convention April 2024

Article 86

Renewal fees for the European patent application

(1) Renewal fees for the European patent application shall be paid to the

European Patent Office in accordance with the Implementing Regulations.

These fees shall be due in respect of the third year and each subsequent

year, calculated from the date of filing of the application. If a renewal fee is

not paid in due time, the application shall be deemed to be withdrawn.

(2) The obligation to pay renewal fees shall terminate with the payment

of the renewal fee due in respect of the year in which the mention of the

grant of the European patent is published in the European Patent Bulletin.

Chapter II

Priority

Article 87

Priority right

(1) Any person who has duly filed, in or for

(a) any State party to the Paris Convention for the Protection of Industrial

Property or

(b) any Member of the World Trade Organization,

an application for a patent, a utility model or a utility certificate, or his suc-

cessor in title, shall enjoy, for the purpose of filing a European patent appli-

cation in respect of the same invention, a right of priority during a period of

twelve months from the date of filing of the first application.

(2) Every filing that is equivalent to a regular national filing under the na-

tional law of the State where it was made or under bilateral or multilateral

agreements, including this Convention, shall be recognised as giving rise to

a right of priority.

(3) A regular national filing shall mean any filing that is sufficient to estab-

lish the date on which the application was filed, whatever the outcome of

the application may be.

(4) A subsequent application in respect of the same subject-matter as a

previous first application and filed in or for the same State shall be consid-

ered as the first application for the purposes of determining priority, provid-

ed that, at the date of filing the subsequent application, the previous appli-

cation has been withdrawn, abandoned or refused, without being open to

public inspection and without leaving any rights outstanding, and has not

served as a basis for claiming a right of priority. The previous application

may not thereafter serve as a basis for claiming a right of priority.

Amended by the Act revising the European Patent Convention of 29.11.2000.

See decisions/opinions of the Enlarged Board of Appeal G 3/93, G 2/95, G 2/98, G 1/03,

G 2/03, G 1/16 (Annex I).

Art. 122, 141

R. 14, 51, 71, 112,

135, 136, 142, 159

Art. 66, 122

R. 52, 57-59, 136

European Patent Convention April 2024

(5) If the first filing has been made with an industrial property authority

which is not subject to the Paris Convention for the Protection of Industrial

Property or the Agreement Establishing the World Trade Organization, par-

agraphs 1 to 4 shall apply if that authority, according to a communication

issued by the President of the European Patent Office, recognises that a

first filing made with the European Patent Office gives rise to a right of pri-

ority under conditions and with effects equivalent to those laid down in the

Paris Convention.

Article 88

Claiming priority

(1)

An applicant desiring to take advantage of the priority of a previous

application shall file a declaration of priority and any other document re-

quired, in accordance with the Implementing Regulations.

(2) Multiple priorities may be claimed in respect of a European patent

application, notwithstanding the fact that they originated in different coun-

tries. Where appropriate, multiple priorities may be claimed for any one

claim. Where multiple priorities are claimed, time limits which run from the

date of priority shall run from the earliest date of priority.

(3) If one or more priorities are claimed in respect of a European patent

application, the right of priority shall cover only those elements of the Euro-

pean patent application which are included in the application or applications

whose priority is claimed.

(4) If certain elements of the invention for which priority is claimed do not

appear among the claims formulated in the previous application, priority

may nonetheless be granted, provided that the documents of the previous

application as a whole specifically disclose such elements.

Article 89

Effect of priority right

The right of priority shall have the effect that the date of priority shall count

as the date of filing of the European patent application for the purposes of

Article 54, paragraphs 2 and 3, and Article 60, paragraph 2.

Amended by the Act revising the European Patent Convention of 29.11.2000.

See decision/opinion of the Enlarged Board of Appeal G 3/93, G 2/98 (Annex I).

See decision of the President of the EPO of 12.07.2007 concerning the filing of priority

documents for European divisional applications and for new European patent applications

under Article 61(1)(b) EPC (Special edition No. 3, OJ EPO 2007, B.2) and decision of the

President of the EPO of 09.08.2012 on the filing of priority documents (OJ EPO 2012, 492).

See decisions/opinions of the Enlarged Board of Appeal G 3/93, G 2/98, G 3/98, G 2/99

(Annex I).

Art. 66, 79, 90, 93

R. 5, 6, 41, 52, 53,

57-60, 68, 139,

163

European Patent Convention April 2024

PART IV

PROCEDURE UP TO GRANT

Article 90

Examination on filing and examination as to formal requirements

(1) The European Patent Office shall examine, in accordance with the

Implementing Regulations, whether the application satisfies the require-

ments for the accordance of a date of filing.

(2) If a date of filing cannot be accorded following the examination under

paragraph 1, the application shall not be dealt with as a European patent

application.

(3) If the European patent application has been accorded a date of filing,

the European Patent Office shall examine, in accordance with the Imple-

menting Regulations, whether the requirements in Articles 14, 78 and 81,

and, where applicable, Article 88, paragraph 1, and Article 133, para-

graph 2, as well as any other requirement laid down in the Implementing

Regulations, have been satisfied.

(4) Where the European Patent Office in carrying out the examination

under paragraphs 1 or 3 notes that there are deficiencies which may be

corrected, it shall give the applicant an opportunity to correct them.

(5) If any deficiency noted in the examination under paragraph 3 is not

corrected, the European patent application shall be refused unless a differ-

ent legal consequence is provided for by this Convention. Where the defi-

ciency concerns the right of priority, this right shall be lost for the applica-

tion.

Article 91

(deleted)

Article 92

Drawing up of the European search report

The European Patent Office shall, in accordance with the Implementing

Regulations, draw up and publish a European search report in respect of

the European patent application on the basis of the claims, with due regard

to the description and any drawings.

Amended by the Act revising the European Patent Convention of 29.11.2000.

See opinions of the Enlarged Board of Appeal G 4/98, G 1/02 (Annex I).

Deleted by the Act revising the European Patent Convention of 29.11.2000.

Amended by the Act revising the European Patent Convention of 29.11.2000.

See notice from the EPO concerning the programme for accelerated prosecution of Eu-

ropean patent applications "PACE" (OJ EPO 2015, A93) and notice from the EPO concern-

ing ways to expedite the European grant procedure (OJ EPO 2015, A94).

Art. 16, 78, 80, 88,

R. 6, 10, 38, 40,

45, 53, 55-60, 111-

113, 137, 139,

140, 142, 152, 153

Art. 17, 80, 153

R. 30, 61-66, 70,

70a, 137

European Patent Convention April 2024

Article 93

Publication of the European patent application

(1) The European Patent Office shall publish the European patent appli-

cation as soon as possible

(a) after the expiry of a period of eighteen months from the date of filing

or, if priority has been claimed, from the date of priority, or

(b) at the request of the applicant, before the expiry of that period.

(2) The European patent application shall be published at the same time

as the specification of the European patent when the decision to grant the

patent becomes effective before the expiry of the period referred to in para-

graph 1(a).

Article 94

Examination of the European patent application

(1) The European Patent Office shall, in accordance with the Implement-

ing Regulations, examine on request whether the European patent applica-

tion and the invention to which it relates meet the requirements of this Con-

vention. The request shall not be deemed to be filed until the examination

fee has been paid.

(2) If no request for examination has been made in due time, the applica-

tion shall be deemed to be withdrawn.

(3) If the examination reveals that the application or the invention to

which it relates does not meet the requirements of this Convention, the Ex-

amining Division shall invite the applicant, as often as necessary, to file his

observations and, subject to Article 123, paragraph 1, to amend the appli-

cation.

(4) If the applicant fails to reply in due time to any communication from

the Examining Division, the application shall be deemed to be withdrawn.

Article 95

(deleted)

Article 96

(deleted)

Amended by the Act revising the European Patent Convention of 29.11.2000.

See decision of the President of the EPO (Special edition No. 3, OJ EPO 2007, D.3).

See opinion of the Enlarged Board of Appeal G 2/98 (Annex I).

Amended by the Act revising the European Patent Convention of 29.11.2000.

See notice from the EPO concerning the programme for accelerated prosecution of Eu-

ropean patent applications "PACE" (OJ EPO 2015, A93) and notice from the EPO concern-

ing ways to expedite the European grant procedure (OJ EPO 2015, A94).

See notice from the EPO (OJ EPO 2016, A20).

Deleted by the Act revising the European Patent Convention of 29.11.2000.

Art. 14, 16, 54, 67,

69, 88, 92, 98,

115, 127, 128, 153

R. 10, 14, 20, 36,

47, 48, 52, 53, 66-

69, 70-70b, 114,

143

Art. 18, 121, 124,

129, 150

R. 6, 10, 69, 70,

70b, 71, 112-114,

135-138, 141, 142,

159

European Patent Convention April 2024

Article 97

100

Grant or refusal

(1) If the Examining Division is of the opinion that the European patent

application and the invention to which it relates meet the requirements of

this Convention, it shall decide to grant a European patent, provided that

the conditions laid down in the Implementing Regulations are fulfilled.

(2) If the Examining Division is of the opinion that the European patent

application or the invention to which it relates does not meet the require-

ments of this Convention, it shall refuse the application unless this Conven-

tion provides for a different legal consequence.

(3) The decision to grant a European patent shall take effect on the date

on which the mention of the grant is published in the European Patent Bul-

letin.

Article 98

101

Publication of the specification of the European patent

The European Patent Office shall publish the specification of the European

patent as soon as possible after the mention of the grant of the European

patent has been published in the European Patent Bulletin.

Deleted by the Act revising the European Patent Convention of 29.11.2000.

Amended by the Act revising the European Patent Convention of 29.11.2000.

100

See decisions of the Enlarged Board of Appeal G 10/93, G 1/10 (Annex I).

101

Amended by the Act revising the European Patent Convention of 29.11.2000.

Art. 14, 64, 65,

113, 129, 141

R. 71, 72, 111-

114, 138, 140

Art. 14, 93

R. 20, 21, 52, 53,

73, 74, 138

European Patent Convention April 2024

PART V

OPPOSITION AND LIMITATION PROCEDURE

102

Article 99

103

104

Opposition

(1) Within nine months of the publication of the mention of the grant of

the European patent in the European Patent Bulletin, any person may give

notice to the European Patent Office of opposition to that patent, in accord-

ance with the Implementing Regulations. Notice of opposition shall not be

deemed to have been filed until the opposition fee has been paid.

(2) The opposition shall apply to the European patent in all the Contract-

ing States in which that patent has effect.

(3) Opponents shall be parties to the opposition proceedings as well as

the proprietor of the patent.

(4) Where a person provides evidence that in a Contracting State, follow-

ing a final decision, he has been entered in the patent register of such State

instead of the previous proprietor, such person shall, at his request, replace

the previous proprietor in respect of such State. Notwithstanding Arti-

cle 118, the previous proprietor and the person making the request shall

not be regarded as joint proprietors unless both so request.

Article 100

105

Grounds for opposition

Opposition may only be filed on the grounds that:

(a) the subject-matter of the European patent is not patentable under Ar-

ticles 52 to 57;

(b) the European patent does not disclose the invention in a manner suf-

ficiently clear and complete for it to be carried out by a person skilled in the

art;

tent of the application as filed, or, if the patent was granted on a divisional

application or on a new application filed under Article 61, beyond the con-

tent of the earlier application as filed.

102

Title amended by the Act revising the European Patent Convention of 29.11.2000.

103

Amended by the Act revising the European Patent Convention of 29.11.2000.

104

See decisions/opinions of the Enlarged Board of Appeal G 4/88, G 5/88, G 7/88, G 8/88,

G 10/91, G 9/93, G 1/95, G 7/95, G 3/97, G 4/97, G 3/99, G 1/02, G 2/04, G 3/04, G 1/13

(Annex I).

105

See decisions/opinions of the Enlarged Board of Appeal G 3/89, G 10/91, G 11/91,

G 1/95, G 2/95, G 7/95, G 1/99, G 3/04 (Annex I).

Art. 105

R. 3, 6, 14, 73, 76-

78, 84-86, 89, 112,

142, 143

Art. 76, 83, 101,

123

R. 76, 80

European Patent Convention April 2024

Article 101

106

107

Examination of the opposition – Revocation or maintenance of the

European patent

(1) If the opposition is admissible, the Opposition Division shall examine,

in accordance with the Implementing Regulations, whether at least one

ground for opposition under Article 100 prejudices the maintenance of the

European patent. During this examination, the Opposition Division shall in-

vite the parties, as often as necessary, to file observations on communica-

tions from another party or issued by itself.

(2) If the Opposition Division is of the opinion that at least one ground for

opposition prejudices the maintenance of the European patent, it shall re-

voke the patent. Otherwise, it shall reject the opposition.

(3)

108

If the Opposition Division is of the opinion that, taking into considera-

tion the amendments made by the proprietor of the European patent during

the opposition proceedings, the patent and the invention to which it relates

(a) meet the requirements of this Convention, it shall decide to maintain

the patent as amended, provided that the conditions laid down in the Im-

plementing Regulations are fulfilled;

(b) do not meet the requirements of this Convention, it shall revoke the

patent.

Article 102

109

(deleted)

Article 103

110

Publication of a new specification of the European patent

If the European patent is maintained as amended under Article 101, para-

graph 3(a), the European Patent Office shall publish a new specification of

the European patent as soon as possible after the mention of the opposi-

tion decision has been published in the European Patent Bulletin.

Article 104

111

112

Costs

(1) Each party to the opposition proceedings shall bear the costs it has

incurred, unless the Opposition Division, for reasons of equity, orders, in

accordance with the Implementing Regulations, a different apportionment

of costs.

106

Amended by the Act revising the European Patent Convention of 29.11.2000.

107

See decisions/opinions of the Enlarged Board of Appeal G 1/88, G 1/90, G 1/91, G 9/91,

G 10/91, G 9/92, G 4/93, G 1/99, G 1/02 (Annex I).

108

See decision of the Enlarged Board of Appeal G 3/14 (Annex I).

109

Deleted by the Act revising the European Patent Convention of 29.11.2000.

110

Amended by the Act revising the European Patent Convention of 29.11.2000.

111

Amended by the Act revising the European Patent Convention of 29.11.2000.

112

See decision of the Enlarged Board of Appeal G 3/99 (Annex I).

Art. 65, 68, 103

R. 18, 77-86, 111,

113, 138, 140, 143

Art. 14

R. 20, 21, 87

Art. 106

R. 11, 88, 97, 111,

140

European Patent Convention April 2024

(2) The procedure for fixing costs shall be laid down in the Implementing

Regulations.

(3) Any final decision of the European Patent Office fixing the amount of

costs shall be dealt with, for the purpose of enforcement in the Contracting

States, in the same way as a final decision given by a civil court of the

State in which enforcement is to take place. Verification of such decision

shall be limited to its authenticity.

Article 105

113

114

Intervention of the assumed infringer

(1) Any third party may, in accordance with the Implementing Regula-

tions, intervene in opposition proceedings after the opposition period has

expired, if the third party proves that

(a) proceedings for infringement of the same patent have been instituted

against him, or

(b) following a request of the proprietor of the patent to cease alleged in-

fringement, the third party has instituted proceedings for a ruling that he is

not infringing the patent.

(2) An admissible intervention shall be treated as an opposition.

Article 105a

115

Request for limitation or revocation

(1) At the request of the proprietor, the European patent may be revoked

or be limited by an amendment of the claims. The request shall be filed with

the European Patent Office in accordance with the Implementing Regula-

tions. It shall not be deemed to have been filed until the limitation or revoca-

tion fee has been paid.

(2) The request may not be filed while opposition proceedings in respect

of the European patent are pending.

Article 105b

116

Limitation or revocation of the European patent

(1) The European Patent Office shall examine whether the requirements

laid down in the Implementing Regulations for limiting or revoking the Euro-

pean patent have been met.

(2) If the European Patent Office considers that the request for limitation

or revocation of the European patent meets these requirements, it shall de-

cide to limit or revoke the European patent in accordance with the Imple-

menting Regulations. Otherwise, it shall reject the request.

113

Amended by the Act revising the European Patent Convention of 29.11.2000.

114

See decisions of the Enlarged Board of Appeal G 4/91, G 1/94, G 2/04, G 3/04, G 1/05

(Annex I).

115

Inserted by the Act revising the European Patent Convention of 29.11.2000.

116

Inserted by the Act revising the European Patent Convention of 29.11.2000.

Art. 99

R. 3, 76-86, 89,

112, 114

Art. 14, 64, 68, 98,

99, 123

R. 6, 90, 92, 93,

138, 143

Art. 14, 84, 123

R. 6, 91, 94, 95,

138, 111, 140

European Patent Convention April 2024

(3) The decision to limit or revoke the European patent shall apply to the

European patent in all the Contracting States in respect of which it has

been granted. It shall take effect on the date on which the mention of the

decision is published in the European Patent Bulletin.

Article 105c

117

Publication of the amended specification of the European patent

If the European patent is limited under Article 105b, paragraph 2, the Euro-

pean Patent Office shall publish the amended specification of the European

patent as soon as possible after the mention of the limitation has been pub-

lished in the European Patent Bulletin.

117

Inserted by the Act revising the European Patent Convention of 29.11.2000.

Art. 14

R. 20, 21, 96, 138,

143

European Patent Convention April 2024

PART VI

APPEALS PROCEDURE

Article 106

118

119

Decisions subject to appeal

(1) An appeal shall lie from decisions of the Receiving Section, Examin-

ing Divisions, Opposition Divisions and the Legal Division. It shall have

suspensive effect.

(2) A decision which does not terminate proceedings as regards one of

the parties can only be appealed together with the final decision, unless the

decision allows a separate appeal.

(3) The right to file an appeal against decisions relating to the apportion-

ment or fixing of costs in opposition proceedings may be restricted in the

Implementing Regulations.

Article 107

120

Persons entitled to appeal and to be parties to appeal proceedings

Any party to proceedings adversely affected by a decision may appeal. Any

other parties to the proceedings shall be parties to the appeal proceedings

as of right.

Article 108

121

122

Time limit and form

Notice of appeal shall be filed, in accordance with the Implementing Regu-

lations, at the European Patent Office within two months of notification of

the decision. Notice of appeal shall not be deemed to have been filed until

the fee for appeal has been paid. Within four months of notification of the

decision, a statement setting out the grounds of appeal shall be filed in ac-

cordance with the Implementing Regulations.

Article 109

123

Interlocutory revision

(1) If the department whose decision is contested considers the appeal to

be admissible and well founded, it shall rectify its decision. This shall not

apply where the appellant is opposed by another party to the proceedings.

118

Amended by the Act revising the European Patent Convention of 29.11.2000.

119

See decisions/opinions of the Enlarged Board of Appeal G 1/90, G 1/99, G 1/02, G 3/03

(Annex I).

120

See decisions of the Enlarged Board of Appeal G 1/88, G 2/91, G 4/91, G 9/92, G 1/99,

G 3/99, G 3/03, G 2/04, G 3/04, G 1/12 (Annex I).

121

Amended by the Act revising the European Patent Convention of 29.11.2000.

122

See decisions of the Enlarged Board of Appeal G 1/86, G 2/97, G 1/99, G 3/03, G 2/04,

G 3/04, G 1/12, G 1/16 (Annex I).

123

See decision of the Enlarged Board of Appeal G 3/03 (Annex I).

Art. 104, 112a

R. 88, 97, 98, 101,

111, 142

R. 101, 111

R. 3, 6, 99, 101,

103, 111

R. 103

European Patent Convention April 2024

(2) If the appeal is not allowed within three months of receipt of the

statement of grounds, it shall be remitted to the Board of Appeal without de-

lay, and without comment as to its merit.

Article 110

124

125

Examination of appeals

If the appeal is admissible, the Board of Appeal shall examine whether the

appeal is allowable. The examination of the appeal shall be conducted in

accordance with the Implementing Regulations.

Article 111

126

Decision in respect of appeals

(1) Following the examination as to the allowability of the appeal, the

Board of Appeal shall decide on the appeal. The Board of Appeal may ei-

ther exercise any power within the competence of the department which

was responsible for the decision appealed or remit the case to that depart-

ment for further prosecution.

(2) If the Board of Appeal remits the case for further prosecution to the

department whose decision was appealed, that department shall be bound

by the ratio decidendi of the Board of Appeal, in so far as the facts are the

same. If the decision under appeal was taken by the Receiving Section, the

Examining Division shall also be bound by the ratio decidendi of the Board

of Appeal.

Article 112

127

Decision or opinion of the Enlarged Board of Appeal

(1) In order to ensure uniform application of the law, or if a point of law of

fundamental importance arises:

(a) the Board of Appeal shall, during proceedings on a case and either of

its own motion or following a request from a party to the appeal, refer any

question to the Enlarged Board of Appeal if it considers that a decision is

required for the above purposes. If the Board of Appeal rejects the request,

it shall give the reasons in its final decision;

(b) the President of the European Patent Office may refer a point of law

to the Enlarged Board of Appeal where two Boards of Appeal have given

different decisions on that question.

(2) In the cases referred to in paragraph 1(a) the parties to the appeal

proceedings shall be parties to the proceedings before the Enlarged Board

of Appeal.

124

Amended by the Act revising the European Patent Convention of 29.11.2000.

125

See decisions/opinions of the Enlarged Board of Appeal G 9/91, G 10/91, G 10/93,

G 3/99 (Annex I).

126

See decisions of the Enlarged Board of Appeal G 9/92, G 10/93, G 3/03 (Annex I).

127

See decisions/opinions of the Enlarged Board of Appeal G 1/86, G 2/88, G 4/88, G 5/88,

G 6/88, G 7/88, G 8/88, G 1/90, G 1/92, G 3/95, G 6/95, G 2/97, G 2/98, G 3/98, G 4/98,

G 1/99, G 2/99, G 3/99, G 1/02, G 1/03, G 2/03, G 3/03, G 1/04, G 2/04, G 3/04, G 1/05,

G 2/06, G 3/08, G 1/12, G 1/14, G 3/14, G 1/15, G 1/16, G 1/18, G 2/19, G 3/19 (Annex I).

R. 100-102, 111-

113

Art. 112a

R. 100-103, 111,

140

Art. 22

R. 111, 140

European Patent Convention April 2024

(3) The decision of the Enlarged Board of Appeal referred to in para-

graph 1(a) shall be binding on the Board of Appeal in respect of the appeal

in question.

Article 112a

128

Petition for review by the Enlarged Board of Appeal

(1) Any party to appeal proceedings adversely affected by the decision of

the Board of Appeal may file a petition for review of the decision by the En-

larged Board of Appeal.

(2) The petition may only be filed on the grounds that:

(a) a member of the Board of Appeal took part in the decision in breach

of Article 24, paragraph 1, or despite being excluded pursuant to a decision

under Article 24, paragraph 4;

(b) the Board of Appeal included a person not appointed as a member of

the Boards of Appeal;

(d) any other fundamental procedural defect defined in the Implementing

Regulations occurred in the appeal proceedings; or

(e) a criminal act established under the conditions laid down in the Im-

plementing Regulations may have had an impact on the decision.

(3) The petition for review shall not have suspensive effect.

(4) The petition for review shall be filed in a reasoned statement, in ac-

cordance with the Implementing Regulations. If based on paragraph 2(a) to

(d), the petition shall be filed within two months of notification of the deci-

sion of the Board of Appeal. If based on paragraph 2(e), the petition shall

be filed within two months of the date on which the criminal act has been

established and in any event no later than five years from notification of the

decision of the Board of Appeal. The petition shall not be deemed to have

been filed until after the prescribed fee has been paid.

(5) The Enlarged Board of Appeal shall examine the petition for review in

accordance with the Implementing Regulations. If the petition is allowable,

the Enlarged Board of Appeal shall set aside the decision and shall re-open

proceedings before the Boards of Appeal in accordance with the Imple-

menting Regulations.

(6) Any person who, in a designated Contracting State, has in good faith

used or made effective and serious preparations for using an invention

which is the subject of a published European patent application or a Euro-

pean patent in the period between the decision of the Board of Appeal and

publication in the European Patent Bulletin of the mention of the decision of

the Enlarged Board of Appeal on the petition, may without payment contin-

ue such use in the course of his business or for the needs thereof.

128

Inserted by the Act revising the European Patent Convention of 29.11.2000.

Art. 22, 106, 111

R. 104-111, 140

European Patent Convention April 2024

PART VII

COMMON PROVISIONS

Chapter I

Common provisions governing procedure

Article 113

129

Right to be heard and basis of decisions

(1) The decisions of the European Patent Office may only be based on

grounds or evidence on which the parties concerned have had an oppor-

tunity to present their comments.

(2) The European Patent Office shall examine, and decide upon, the Eu-

ropean patent application or the European patent only in the text submitted

to it, or agreed, by the applicant or the proprietor of the patent.

Article 114

130

Examination by the European Patent Office of its own motion

(1) In proceedings before it, the European Patent Office shall examine

the facts of its own motion; it shall not be restricted in this examination to

the facts, evidence and arguments provided by the parties and the relief

sought.

(2) The European Patent Office may disregard facts or evidence which

are not submitted in due time by the parties concerned.

Article 115

131

132

Observations by third parties

In proceedings before the European Patent Office, following the publication

of the European patent application, any third party may, in accordance with

the Implementing Regulations, present observations concerning the pa-

tentability of the invention to which the application or patent relates. That

person shall not be a party to the proceedings.

129

See decisions/opinions of the Enlarged Board of Appeal G 7/91, G 8/91, G 4/92, G 2/04

(Annex I).

130

See decisions/opinions of the Enlarged Board of Appeal G 7/91, G 8/91, G 9/91,

G 10/91, G 4/92, G 9/92, G 8/93, G 10/93, G 1/95, G 7/95, G 1/99 (Annex I).

131

Amended by the Act revising the European Patent Convention of 29.11.2000.

132

See decision of the President of the EPO of 10.05.2011 (OJ EPO 2011, 418) and notice

from the EPO of 05.07.2017 (OJ EPO 2017, A86) concerning the filing and processing of

third-party observations under Article 115 EPC.

R. 116

Art. 93

R. 114

European Patent Convention April 2024

Article 116

133

134

Oral proceedings

(1) Oral proceedings shall take place either at the instance of the Euro-

pean Patent Office if it considers this to be expedient or at the request of

any party to the proceedings. However, the European Patent Office may re-

ject a request for further oral proceedings before the same department

where the parties and the subject of the proceedings are the same.

(2) Nevertheless, oral proceedings shall take place before the Receiving

Section at the request of the applicant only where the Receiving Section

considers this to be expedient or where it intends to refuse the European

patent application.

(3) Oral proceedings before the Receiving Section, the Examining Divi-

sions and the Legal Division shall not be public.

(4) Oral proceedings, including delivery of the decision, shall be public,

as regards the Boards of Appeal and the Enlarged Board of Appeal, after

publication of the European patent application, and also before the Opposi-

tion Divisions, in so far as the department before which the proceedings are

taking place does not decide otherwise in cases where admission of the

public could have serious and unjustified disadvantages, in particular for a

party to the proceedings.

Article 117

135

136

Means and taking of evidence

(1) In proceedings before the European Patent Office the means of giv-

ing or obtaining evidence shall include the following:

(a) hearing the parties;

(b) requests for information;

(d) hearing witnesses;

(e) opinions by experts;

(f) inspection;

133

See decisions of the Enlarged Board of Appeal G 2/94, G 4/95 (Annex I).

134

See decision of the President of the EPO of 22.11.2022 concerning the format of oral

proceedings before examining and opposition divisions, the Legal Division and the Receiv-

ing Section (OJ EPO 2022, A103).

See notice from the EPO of 22.11.2022 concerning oral proceedings by videoconference

before examining and opposition divisions, the Legal Division and the Receiving Section, as

well as consultations by videoconference before examining divisions (OJ EPO 2022, A106).

See notices of the Vice-President DG 3 (Special edition No. 3 OJ EPO 2007, H.1, H.2

and H.3; OJ EPO 2014, A21).

135

Amended by the Act revising the European Patent Convention of 29.11.2000.

136

See decisions/opinions of the Enlarged Board of Appeal G 3/89, G 11/91, G 4/95

(Annex I).

R. 4, 82, 115, 116,

124

R. 4, 117-124, 150

European Patent Convention April 2024

(g) sworn statements in writing.

(2) The procedure for taking such evidence shall be laid down in the Im-

plementing Regulations.

Article 118

Unity of the European patent application or European patent

Where the applicants for or proprietors of a European patent are not the

same in respect of different designated Contracting States, they shall be

regarded as joint applicants or proprietors for the purposes of proceedings

before the European Patent Office. The unity of the application or patent in

these proceedings shall not be affected; in particular the text of the applica-

tion or patent shall be uniform for all designated Contracting States, unless

this Convention provides otherwise.

Article 119

137

138

Notification

Decisions, summonses, notices and communications shall be notified by

the European Patent Office of its own motion in accordance with the Im-

plementing Regulations. Notification may, where exceptional circumstances

so require, be effected through the intermediary of the central industrial

property offices of the Contracting States.

Article 120

139

Time limits

The Implementing Regulations shall specify:

(a) the time limits which are to be observed in proceedings before the

European Patent Office and are not fixed by this Convention;

(b) the manner of computation of time limits and the conditions under

which time limits may be extended;

pean Patent Office.

Article 121

140

Further processing of the European patent application

(1) If an applicant fails to observe a time limit vis-à-vis the European Pa-

tent Office, he may request further processing of the European patent ap-

plication.

137

Amended by the Act revising the European Patent Convention of 29.11.2000.

138

See decision of the President of the EPO of 11.03.2015 concerning the pilot project to in-

troduce new means of electronic communication in EPO proceedings (OJ EPO 2015, A28)

and notice from the EPO of 04.09.2014 concerning the use of an address for correspond-

ence (OJ EPO 2014, A99).

139

Amended by the Act revising the European Patent Convention of 29.11.2000.

140

Amended by the Act revising the European Patent Convention of 29.11.2000.

Art. 59, 99

R. 18, 78, 138

R. 112, 125-130

R. 131-136, 160

R. 135

European Patent Convention April 2024

(2) The European Patent Office shall grant the request, provided that the

requirements laid down in the Implementing Regulations are met. Other-

wise, it shall reject the request.

(3) If the request is granted, the legal consequences of the failure to ob-

serve the time limit shall be deemed not to have ensued.

(4) Further processing shall be ruled out in respect of the time limits in

Article 87, paragraph 1, Article 108 and Article 112a, paragraph 4, as well

as the time limits for requesting further processing or re-establishment of

rights. The Implementing Regulations may rule out further processing for

other time limits.

Article 122

141

142

Re-establishment of rights

(1) An applicant for or proprietor of a European patent who, in spite of all

due care required by the circumstances having been taken, was unable to

observe a time limit vis-à-vis the European Patent Office shall have his

rights re-established upon request if the non-observance of this time limit

has the direct consequence of causing the refusal of the European patent

application or of a request, or the deeming of the application to have been

withdrawn, or the revocation of the European patent, or the loss of any oth-

er right or means of redress.

(2) The European Patent Office shall grant the request, provided that the

conditions of paragraph 1 and any other requirements laid down in the Im-

plementing Regulations are met. Otherwise, it shall reject the request.

(3) If the request is granted, the legal consequences of the failure to ob-

serve the time limit shall be deemed not to have ensued.

(4) Re-establishment of rights shall be ruled out in respect of the time

limit for requesting re-establishment of rights. The Implementing Regula-

tions may rule out re-establishment for other time limits.

(5) Any person who, in a designated Contracting State, has in good faith

used or made effective and serious preparations for using an invention

which is the subject of a published European patent application or a Euro-

pean patent in the period between the loss of rights referred to in para-

graph 1 and publication in the European Patent Bulletin of the mention of

re-establishment of those rights, may without payment continue such use in

the course of his business or for the needs thereof.

(6) Nothing in this Article shall limit the right of a Contracting State to

grant re-establishment of rights in respect of time limits provided for in this

Convention and to be observed vis-à-vis the authorities of such State.

141

Amended by the Act revising the European Patent Convention of 29.11.2000.

142

See decision of the Enlarged Board of Appeal G 1/86 (Annex I).

R. 136, 143

European Patent Convention April 2024

Article 123

143

144

Amendments

(1) The European patent application or European patent may be amend-

ed in proceedings before the European Patent Office, in accordance with

the Implementing Regulations. In any event, the applicant shall be given at

least one opportunity to amend the application of his own volition.

(2) The European patent application or European patent may not be

amended in such a way that it contains subject-matter which extends be-

yond the content of the application as filed.

(3) The European patent may not be amended in such a way as to ex-

tend the protection it confers.

Article 124

145

Information on prior art

(1) The European Patent Office may, in accordance with the Implement-

ing Regulations, invite the applicant to provide information on prior art taken

into consideration in national or regional patent proceedings and concern-

ing an invention to which the European patent application relates.

(2) If the applicant fails to reply in due time to an invitation under para-

graph 1, the European patent application shall be deemed to be withdrawn.

Article 125

146

Reference to general principles

In the absence of procedural provisions in this Convention, the European

Patent Office shall take into account the principles of procedural law gener-

ally recognised in the Contracting States.

Article 126

147

(deleted)

143

Amended by the Act revising the European Patent Convention of 29.11.2000.

144

See decisions of the Enlarged Board of Appeal G 2/88, G 3/89, G 11/91, G 1/93, G 2/95,

G 2/98, G 1/99, G 1/03, G 2/03, G 1/05, G 2/10, G 3/14, G 1/15, G 1/16 (Annex I).

145

Amended by the Act revising the European Patent Convention of 29.11.2000.

146

See decisions of the Enlarged Board of Appeal G 1/99, G 3/04 (Annex I).

147

Deleted by the Act revising the European Patent Convention of 29.11.2000.

Art. 100, 138

R. 4, 7, 18, 57, 58,

71, 78-82, 137,

138

Art. 140

R. 70b, 112, 141

European Patent Convention April 2024

Chapter II

Information to the public or to official authorities

Article 127

148

149

European Patent Register

The European Patent Office shall keep a European Patent Register, in

which the particulars specified in the Implementing Regulations shall be

recorded. No entry shall be made in the European Patent Register before

the publication of the European patent application. The European Patent

Article 128

150

Inspection of files

(1) Files relating to European patent applications which have not yet

been published shall not be made available for inspection without the con-

sent of the applicant.

(2) Any person who can prove that the applicant has invoked the rights

under the European patent application against him may obtain inspection of

the files before the publication of that application and without the consent of

the applicant.

(3) Where a European divisional application or a new European patent

application filed under Article 61, paragraph 1, is published, any person

may obtain inspection of the files of the earlier application before the publi-

cation of that application and without the consent of the applicant.

(4)

151

After the publication of the European patent application, the files relat-

ing to the application and the resulting European patent may be inspected

on request, subject to the restrictions laid down in the Implementing Regu-

lations.

(5) Even before the publication of the European patent application, the

European Patent Office may communicate to third parties or publish the

particulars specified in the Implementing Regulations.

148

Amended by the Act revising the European Patent Convention of 29.11.2000.

149

See decisions of the President of the EPO concerning the information given in the Euro-

pean Patent Register (OJ EPO 2009, 598, 2011, 110, and 2014, A19).

150

Amended by the Act revising the European Patent Convention of 29.11.2000.

151

See decision of the President of the EPO of 12.07.2007 concerning documents excluded

from file inspection (Special edition No. 3 OJ EPO 2007, J.3), decision of the President of

the EPO of 20.02.2019 on the inspection of files (OJ EPO 2019, A16) and decision of the

President of the EPO of 20.02.2019 concerning online file inspection of documents con-

tained in the file held by the EPO as receiving Office, International Searching Authority or

Authority specified for supplementary search (OJ EPO 2019, A17).

Art. 14, 20, 129

R. 21-24, 85, 143

Art. 76, 93, 130,

131

R. 16, 19, 31-33,

68, 113, 144-147,

149

European Patent Convention April 2024

Article 129

152

Periodical publications

The European Patent Office shall periodically publish:

(a) a European Patent Bulletin containing the particulars the publication

of which is prescribed by this Convention, the Implementing Regulations or

the President of the European Patent Office;

(b) an Official Journal containing notices and information of a general

character issued by the President of the European Patent Office, as well as

any other information relevant to this Convention or its implementation.

Article 130

153

Exchange of information

(1) Unless this Convention or national laws provide otherwise, the Euro-

pean Patent Office and the central industrial property office of any Contract-

ing State shall, on request, communicate to each other any useful infor-

mation regarding European or national patent applications and patents and

any proceedings concerning them.

(2) Paragraph 1 shall apply to the communication of information by virtue

of working agreements between the European Patent Office and

(a) the central industrial property offices of other States;

(b) any intergovernmental organisation entrusted with the task of granting

patents;

(3) Communications under paragraphs 1 and 2(a) and (b) shall not be

subject to the restrictions laid down in Article 128. The Administrative

Council may decide that communications under paragraph 2(c) shall not be

subject to such restrictions, provided that the organisation concerned treats

the information communicated as confidential until the European patent ap-

plication has been published.

Article 131

Administrative and legal co-operation

(1) Unless this Convention or national laws provide otherwise, the Euro-

pean Patent Office and the courts or authorities of Contracting States shall

on request give assistance to each other by communicating information or

opening files for inspection. Where the European Patent Office makes files

available for inspection by courts, Public Prosecutors' Offices or central in-

dustrial property offices, the inspection shall not be subject to the re-

strictions laid down in Article 128.

(2) At the request of the European Patent Office, the courts or other

competent authorities of Contracting States shall undertake, on behalf of

152

Amended by the Act revising the European Patent Convention of 29.11.2000.

153

Amended by the Act revising the European Patent Convention of 29.11.2000.

Art. 14, 94, 97,

127, 153

R. 21, 31-34, 69,

143

R. 141, 148

Art. 117

R. 117-120, 148-

150

European Patent Convention April 2024

the Office and within the limits of their jurisdiction, any necessary enquiries

or other legal measures.

Article 132

Exchange of publications

(1) The European Patent Office and the central industrial property offices

of the Contracting States shall despatch to each other on request and for

their own use one or more copies of their respective publications free of

charge.

(2) The European Patent Office may conclude agreements relating to the

exchange or supply of publications.

Chapter III

Representation

Article 133

154

155

General principles of representation

(1) Subject to paragraph 2, no person shall be compelled to be repre-

sented by a professional representative in proceedings established by this

Convention.

(2) Natural or legal persons not having their residence or principal place

of business in a Contracting State shall be represented by a professional

representative and act through him in all proceedings established by this

Convention, other than in filing a European patent application; the Imple-

menting Regulations may permit other exceptions.

(3) Natural or legal persons having their residence or principal place of

business in a Contracting State may be represented in proceedings estab-

lished by this Convention by an employee, who need not be a professional

representative but who shall be authorised in accordance with the Imple-

menting Regulations. The Implementing Regulations may provide whether

and under what conditions an employee of a legal person may also repre-

sent other legal persons which have their principal place of business in a

Contracting State and which have economic connections with the first legal

person.

(4) The Implementing Regulations may lay down special provisions con-

cerning the common representation of parties acting in common.

154

Amended by the Act revising the European Patent Convention of 29.11.2000.

155

See decisions of the Enlarged Board of Appeal G 2/94, G 4/95, G 3/99 (Annex I).

Art. 90, 134, 134a,

144

R. 41, 76, 126,

130, 142, 143,

151-154

European Patent Convention April 2024

Article 134

156

157

Representation before the European Patent Office

(1) Representation of natural or legal persons in proceedings established

by this Convention may only be undertaken by professional representatives

whose names appear on a list maintained for this purpose by the European

Patent Office.

(2) Any natural person who

(a) is a national of a Contracting State,

(b) has his place of business or employment in a Contracting State and

(c)

158

has passed the European qualifying examination

may be entered on the list of professional representatives.

(3) During a period of one year from the date on which the accession of a

State to this Convention takes effect, entry on that list may also be request-

ed by any natural person who

(a) is a national of a Contracting State,

(b) has his place of business or employment in the State having acceded

to the Convention and

fore the central industrial property office of that State. Where such entitle-

ment is not conditional upon the requirement of special professional qualifi-

cations, the person shall have regularly so acted in that State for at least

five years.

(4) Entry shall be effected upon request, accompanied by certificates in-

dicating that the conditions laid down in paragraph 2 or 3 are fulfilled.

(5) Persons whose names appear on the list of professional representa-

tives shall be entitled to act in all proceedings established by this Conven-

tion.

(6) For the purpose of acting as a professional representative, any per-

son whose name appears on the list of professional representatives shall

be entitled to establish a place of business in any Contracting State in

which proceedings established by this Convention may be conducted, hav-

ing regard to the Protocol on Centralisation annexed to this Convention.

The authorities of such State may remove that entitlement in individual

156

Amended by the Act revising the European Patent Convention of 29.11.2000.

157

See decision of the President of the EPO of 21.11.2013 concerning the responsibilities of

the Legal Division (OJ EPO 2013, 600) and notice from the EPO of 12.05.2015 concerning

representation before the EPO (OJ EPO 2015, A55).

See decisions of the Enlarged Board of Appeal G 2/94, G 4/95, G 3/99, G 2/04 (Annex I).

158

See decision of the Administrative Council CA/D 26/08 of 10.12.2008 amending the

Regulation on the European qualifying examination for professional representatives before

the EPO, which entered into force on 01.01.2009 (OJ EPO 2009, 9; see supplementary

publication 2, OJ EPO 2019).

Art. 20, 35, 133,

134a

R. 142, 143, 152-

154

European Patent Convention April 2024

cases only in application of legal provisions adopted for the purpose of pro-

tecting public security and law and order. Before such action is taken, the

President of the European Patent Office shall be consulted.

(7)

159

The President of the European Patent Office may grant exemption

from:

(a) the requirement of paragraphs 2(a) or 3(a) in special circumstances;

(b) the requirement of paragraph 3(c), second sentence, if the applicant

furnishes proof that he has acquired the requisite qualification in another

way.

(8) Representation in proceedings established by this Convention may

also be undertaken, in the same way as by a professional representative,

by any legal practitioner qualified in a Contracting State and having his

place of business in that State, to the extent that he is entitled in that State

to act as a professional representative in patent matters. Paragraph 6 shall

apply mutatis mutandis.

Article 134a

160

Institute of Professional Representatives before the European Patent

Office

(1) The Administrative Council shall be competent to adopt and amend

provisions governing:

(a)

161

the Institute of Professional Representatives before the European Pa-

tent Office, hereinafter referred to as the Institute;

(b) the qualifications and training required of a person for admission to

the European qualifying examination and the conduct of such examina-

tion;

162

(c)

163

the disciplinary power exercised by the Institute or the European Pa-

tent Office in respect of professional representatives;

159

See decision of the President of the EPO (OJ EPO 2012, 13).

160

Inserted by the Act revising the European Patent Convention of 29.11.2000.

161

See Regulation on the establishment of an Institute of Professional Representatives be-

fore the EPO (OJ EPO 1997, 350) and the changes of 07.06.2002 (OJ EPO 2002, 429 ff),

17.06.2004 (OJ EPO 2004, 361) and 07.12.2006 (OJ EPO 2007, 12).

See decision of the Administrative Council CA/D 31/08 of 10.12.2008 determining the

members of the Institute of Professional Representatives before the European Patent Office

to whom Article 15 of the Protocol on Privileges and Immunities of the European Patent Or-

ganisation applies (OJ EPO 2009, 28), which entered into force on 01.01.2009.

162

See Regulation on the European qualifying examination for professional representatives

before the EPO as of 10.12.2008 (CA/D 26/08, OJ EPO 2009, 9), implementing provisions

as of 10.12.2008 and instructions concerning the qualifications required for enrolment for the

European qualifying examination (all published in the supplementary publication 2, OJ EPO

2019).

163

See Regulation on discipline for professional representatives of 21.10.1977 (OJ EPO

1978, 91 ff; re amendment see OJ EPO 2008, 14), additional rules of procedure of the three

disciplinary bodies of 06.06.1980 (OJ EPO 1980, 176 ff; re amendments see OJ EPO

2007, 552 and 548) and Code of Conduct of the Institute of Professional Representatives

before the EPO (OJ EPO 2003, 523 ff).

R. 12, 153

European Patent Convention April 2024

(d) the obligation of confidentiality on the professional representative and

the privilege from disclosure in proceedings before the European Patent Of-

fice in respect of communications between a professional representative

and his client or any other person.

(2) Any person entered on the list of professional representatives re-

ferred to in Article 134, paragraph 1, shall be a member of the Institute.

European Patent Convention April 2024

PART VIII

IMPACT ON NATIONAL LAW

Chapter I

Conversion into a national patent application

Article 135

164

Request for conversion

(1) The central industrial property office of a designated Contracting

State shall, at the request of the applicant for or proprietor of a European

patent, apply the procedure for the grant of a national patent in the follow-

ing circumstances:

(a) where the European patent application is deemed to be withdrawn

under Article 77, paragraph 3;

(b) in such other cases as are provided for by the national law, in which

the European patent application is refused or withdrawn or deemed to be

withdrawn, or the European patent is revoked under this Convention.

(2) In the case referred to in paragraph 1(a), the request for conversion

shall be filed with the central industrial property office with which the Euro-

pean patent application has been filed. That office shall, subject to the pro-

visions governing national security, transmit the request directly to the cen-

tral industrial property offices of the Contracting States specified therein.

(3) In the cases referred to in paragraph 1(b), the request for conversion

shall be submitted to the European Patent Office in accordance with the

Implementing Regulations. It shall not be deemed to be filed until the con-

version fee has been paid. The European Patent Office shall transmit the

request to the central industrial property offices of the Contracting States

specified therein.

(4) The effect of the European patent application referred to in Article 66

shall lapse if the request for conversion is not submitted in due time.

Article 136

165

(deleted)

Article 137

166

Formal requirements for conversion

(1) A European patent application transmitted in accordance with Arti-

cle 135, paragraph 2 or 3, shall not be subjected to formal requirements of

national law which are different from or additional to those provided for in

this Convention.

164

Amended by the Act revising the European Patent Convention of 29.11.2000.

165

Deleted by the Act revising the European Patent Convention of 29.11.2000.

166

Amended by the Act revising the European Patent Convention of 29.11.2000.

Art. 137, 140

R. 37, 112, 155,

156

Art. 140

R. 155

European Patent Convention April 2024

(2) Any central industrial property office to which the European patent

application is transmitted may require that the applicant shall, within a peri-

od of not less than two months:

(a) pay the national application fee; and

(b) file a translation of the original text of the European patent application

in an official language of the State in question and, where appropriate, of

the text as amended during proceedings before the European Patent Office

which the applicant wishes to use as the basis for the national procedure.

Chapter II

Revocation and prior rights

Article 138

167

Revocation of European patents

(1) Subject to Article 139, a European patent may be revoked with effect

for a Contracting State only on the grounds that:

(a) the subject-matter of the European patent is not patentable under Ar-

ticles 52 to 57;

(b) the European patent does not disclose the invention in a manner suf-

ficiently clear and complete for it to be carried out by a person skilled in the

art;

(c)

168

the subject-matter of the European patent extends beyond the con-

tent of the application as filed or, if the patent was granted on a divisional

application or on a new application filed under Article 61, beyond the con-

tent of the earlier application as filed;

(d) the protection conferred by the European patent has been extended;

(e) the proprietor of the European patent is not entitled under Article 60,

paragraph 1.

(2) If the grounds for revocation affect the European patent only in part,

the patent shall be limited by a corresponding amendment of the claims

and revoked in part.

(3) In proceedings before the competent court or authority relating to the

validity of the European patent, the proprietor of the patent shall have the

right to limit the patent by amending the claims. The patent as thus limited

shall form the basis for the proceedings.

167

Amended by the Act revising the European Patent Convention of 29.11.2000.

168

See decisions/opinions of the Enlarged Board of Appeal G 3/89, G 11/91, G 2/95

(Annex I).

Art. 76, 83, 123

European Patent Convention April 2024

Article 139

169

Prior rights and rights arising on the same date

(1) In any designated Contracting State a European patent application

and a European patent shall have with regard to a national patent applica-

tion and a national patent the same prior right effect as a national patent

application and a national patent.

(2) A national patent application and a national patent in a Contracting

State shall have with regard to a European patent designating that Con-

tracting State the same prior right effect as if the European patent were a

national patent.

(3) Any Contracting State may prescribe whether and on what terms an

invention disclosed in both a European patent application or patent and a

national application or patent having the same date of filing or, where priori-

ty is claimed, the same date of priority, may be protected simultaneously by

both applications or patents.

Chapter III

Miscellaneous effects

Article 140

170

National utility models and utility certificates

Articles 66, 124, 135, 137 and 139 shall apply to utility models and utility

certificates and to applications for utility models and utility certificates regis-

tered or deposited in the Contracting States whose laws make provision for

such models or certificates.

Article 141

171

Renewal fees for European patents

(1) Renewal fees for a European patent may only be imposed for the

years which follow that referred to in Article 86, paragraph 2.

(2) Any renewal fees falling due within two months of the publication in

the European Patent Bulletin of the mention of the grant of the European

patent shall be deemed to have been validly paid if they are paid within that

period. Any additional fee provided for under national law shall not be

charged.

169

See decisions of the Enlarged Board of Appeal G 1/03, G 2/03 (Annex I).

170

Amended by the Act revising the European Patent Convention of 29.11.2000.

171

Amended by the Act revising the European Patent Convention of 29.11.2000.

Art. 138, 140

R. 138

R. 112, 155, 156

Art. 39, 97

European Patent Convention April 2024

PART IX

SPECIAL AGREEMENTS

Article 142

172

Unitary patents

(1) Any group of Contracting States, which has provided by a special

agreement that a European patent granted for those States has a unitary

character throughout their territories, may provide that a European patent

may only be granted jointly in respect of all those States.

(2) Where any group of Contracting States has availed itself of the au-

thorisation given in paragraph 1, the provisions of this Part shall apply.

Article 143

173

Special departments of the European Patent Office

(1) The group of Contracting States may give additional tasks to the Eu-

ropean Patent Office.

(2) Special departments common to the Contracting States in the group

may be set up within the European Patent Office in order to carry out the

additional tasks. The President of the European Patent Office shall direct

such special departments; Article 10, paragraphs 2 and 3, shall apply muta-

tis mutandis.

Article 144

Representation before special departments

The group of Contracting States may lay down special provisions to govern

representation of parties before the departments referred to in Article 143,

paragraph 2.

Article 145

Select committee of the Administrative Council

(1) The group of Contracting States may set up a select committee of the

Administrative Council for the purpose of supervising the activities of the

special departments set up under Article 143, paragraph 2; the European

Patent Office shall place at its disposal such staff, premises and equipment

as may be necessary for the performance of its duties. The President of the

European Patent Office shall be responsible for the activities of the special

departments to the select committee of the Administrative Council.

172

The group of EU member states participating in enhanced co-operation in the area of the

creation of unitary patent protection implemented that co-operation by Regulation (EU)

No. 1257/2012 of the European Parliament and of the Council and Council Regulation

No. 1260/2012 (OJ EPO 2013, 110, 111 and 132), thereby availing itself of the authorisation

given in Article 142(1) and the provisions of Part IX of the EPC. The third component of the

EU "patent package" is the Agreement on a Unified Patent Court (OJ EPO 2013, 286, 287).

173

See decision of the President of the EPO of 30.05.2022 concerning the allocation of the

tasks to be carried out by the European Patent Office in relation to the European patent with

unitary effect and concerning the entrustment of duties incumbent on the Unitary Patent Pro-

tection Division (OJ EPO 2022, A69).

Art. 2

Art. 15, 144-146

Art. 133

European Patent Convention April 2024

(2) The composition, powers and functions of the select committee shall

be determined by the group of Contracting States.

Article 146

Cover for expenditure for carrying out special tasks

Where additional tasks have been given to the European Patent Office un-

der Article 143, the group of Contracting States shall bear the expenses in-

curred by the Organisation in carrying out these tasks. Where special de-

partments have been set up in the European Patent Office to carry out

these additional tasks, the group shall bear the expenditure on staff, prem-

ises and equipment chargeable in respect of these departments. Article 39,

paragraphs 3 and 4, Article 41 and Article 47 shall apply mutatis mutandis.

Article 147

Payments in respect of renewal fees for unitary patents

If the group of Contracting States has fixed a common scale of renewal

fees in respect of European patents, the proportion referred to in Article 39,

paragraph 1, shall be calculated on the basis of the common scale; the

minimum amount referred to in Article 39, paragraph 1, shall apply to the

unitary patent. Article 39, paragraphs 3 and 4, shall apply mutatis mutandis.

Article 148

The European patent application as an object of property

(1) Article 74 shall apply unless the group of Contracting States has

specified otherwise.

(2) The group of Contracting States may provide that a European patent

application for which these Contracting States are designated may only be

transferred, mortgaged or subjected to any legal means of execution in re-

spect of all the Contracting States of the group and in accordance with the

provisions of the special agreement.

Article 149

174

Joint designation

(1) The group of Contracting States may provide that these States may

only be designated jointly, and that the designation of one or some only of

such States shall be deemed to constitute the designation of all the States

of the group.

(2) Where the European Patent Office acts as a designated Office under

Article 153, paragraph 1, paragraph 1 shall apply if the applicant has indi-

cated in the international application that he wishes to obtain a European

patent for one or more of the designated States of the group. The same

shall apply if the applicant designates in the international application one of

the Contracting States in the group, whose national law provides that the

designation of that State shall have the effect of the application being for a

European patent.

174

See Treaty between the Swiss Confederation and the Principality of Liechtenstein on Pa-

tent Protection of 22.12.1978 (OJ EPO 1980, 407 ff).

Art. 37, 50

Art. 3, 79, 153

R. 39

European Patent Convention April 2024

Article 149a

175

Other agreements between the Contracting States

(1) Nothing in this Convention shall be construed as limiting the right of

some or all of the Contracting States to conclude special agreements on

any matters concerning European patent applications or European patents

which under this Convention are subject to and governed by national law,

such as, in particular

(a) an agreement establishing a European patent court common to the

Contracting States party to it;

(b) an agreement establishing an entity common to the Contracting

States party to it to deliver, at the request of national courts or quasi-judicial

authorities, opinions on issues of European or harmonised national patent

law;

(c)

176

an agreement under which the Contracting States party to it dispense

fully or in part with translations of European patents under Article 65;

(d) an agreement under which the Contracting States party to it provide

that translations of European patents as required under Article 65 may be

filed with, and published by, the European Patent Office.

(2) The Administrative Council shall be competent to decide that:

(a) the members of the Boards of Appeal or the Enlarged Board of Ap-

peal may serve on a European patent court or a common entity and take

part in proceedings before that court or entity in accordance with any such

agreement;

(b) the European Patent Office shall provide a common entity with such

support staff, premises and equipment as may be necessary for the per-

formance of its duties, and the expenses incurred by that entity shall be

borne fully or in part by the Organisation.

175

Inserted by the Act revising the European Patent Convention of 29.11.2000.

176

See the Agreement of 17.10.2000 on the application of Article 65 EPC (London Agree-

ment, OJ EPO 2001, 549), which entered into force on 01.05.2008 (OJ EPO 2008, 123) and

which currently has 22 contracting states: AL, BE, CH, DE, DK, FI, FR, GB, HR, HU, IE, IS,

LI, LT, LU, LV, MC, MK, NL, NO, SE, SI (see www.epo.org/law-practice/legal-texts/london-

agreement.html).

Art. 35

European Patent Convention April 2024

PART X

177

INTERNATIONAL APPLICATIONS UNDER THE PATENT

COOPERATION TREATY – EURO-PCT APPLICATIONS

Article 150

Application of the Patent Cooperation Treaty

(1) The Patent Cooperation Treaty of 19 June 1970, hereinafter referred

to as the PCT, shall be applied in accordance with the provisions of this

Part.

(2)

178

International applications filed under the PCT may be the subject of

proceedings before the European Patent Office. In such proceedings, the

provisions of the PCT and its Regulations shall be applied, supplemented

by the provisions of this Convention. In case of conflict, the provisions of

the PCT or its Regulations shall prevail.

Article 151

179

The European Patent Office as a receiving Office

The European Patent Office shall act as a receiving Office within the mean-

ing of the PCT, in accordance with the Implementing Regulations. Arti-

cle 75, paragraph 2, shall apply.

Article 152

180

The European Patent Office as an International Searching Authority or

International Preliminary Examining Authority

The European Patent Office shall act as an International Searching Authori-

ty and International Preliminary Examining Authority within the meaning of

the PCT, in accordance with an agreement between the Organisation and

the International Bureau of the World Intellectual Property Organization, for

applicants who are residents or nationals of a State party to this Conven-

tion. This agreement may provide that the European Patent Office shall al-

so act for other applicants.

177

Amended by the Act revising the European Patent Convention of 29.11.2000.

178

See decision of the President of the EPO of 11.03.2015 concerning the pilot project to in-

troduce new means of electronic communication in EPO proceedings, (OJ EPO 2015, A28)

and decision of the President of the EPO of 20.02.2019 concerning online file inspection of

documents contained in the file held by the EPO as receiving Office, International Searching

Authority or Authority specified for supplementary search (OJ EPO 2019, A17).

179

See notice from the EPO concerning the requirements to be observed when filing an in-

ternational application with the EPO as a PCT receiving Office (OJ EPO 2014, A33) and de-

cision of the President of the EPO of 24.10.2014 concerning the filing of international appli-

cations with the EPO acting as receiving Office using ePCT-Filing (OJ EPO 2014, A107).

180

See agreement between the EPO and the International Bureau of WIPO under the PCT

of 30.10/28.11.2017 with effect from 01.01.2018 (OJ EPO 2017, A115, last amendments

see OJ EPO 2018, A24 and A35, OJ EPO 2019, A5, and OJ EPO 2020, A35 and A68).

See notice from the EPO concerning the carrying out of Supplementary International

Searches under the PCT (OJ EPO 2010, 316, and 2014, A117, pt. 3).

See notice from the EPO of 08.03.2017 concerning the processing by the EPO as ISA of

informal comments on earlier search results ("PCT Direct") (OJ EPO 2017, A21).

See notices from the EPO concerning the introduction of a "top-up" search in the proce-

dure under Chapter II PCT (OJ EPO 2014, A57) and online filing of the demand under

Chapter II PCT (OJ EPO 2014, A71).

R. 157-159, 165

Art. 35, 153

R. 157

Art. 21, 35

R. 158, 161

European Patent Convention April 2024

Article 153

181

The European Patent Office as designated Office or elected Office

(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 appli-

cation and for which the applicant wishes to obtain a European patent, and

(b) an elected Office, if the applicant has elected a State designated pur-

suant 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 (Eu-

ro-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 publica-

tion of the European patent application and shall be mentioned in the Euro-

pean Patent Bulletin.

(4) If the Euro-PCT application is published in another language, a trans-

lation into one of the official languages shall be filed with the European Pa-

tent Office, which shall publish it. Subject to Article 67, paragraph 3, the

provisional protection under Article 67, paragraphs 1 and 2, shall be effec-

tive from the date of that publication.

(5) The Euro-PCT application shall be treated as a European patent ap-

plication 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)

182

A supplementary European search report shall be drawn up in re-

spect of any Euro-PCT application under paragraph 5. The Administrative

181

See decision of the Enlarged Board of Appeal G 4/08 (Annex I).

182

See decision of the Administrative Council CA/D 11/09 of 28.10.2009 (OJ EPO

2009, 594) dispensing with the supplementary European search report in the case of an in-

ternational application where the international search report or supplementary international

search report was drawn up by the EPO.

See decision of the Administrative Council CA/D 16/23 of 14.12.2023 (OJ EPO

2024, A3) adjusting the amount of the reduction in the fee for the supplementary European

search where the international search report or supplementary international search report

was drawn up by the Austrian Patent Office, the Finnish Patent and Registration Office, the

Spanish Patent and Trademark Office, the Swedish Intellectual Property Office, the Turkish

Patent and Trademark Office, the Nordic Patent Institute or the Visegrad Patent Institute.

This decision is applicable to international applications filed up to and including 31.03.2028

where the fee for the supplementary European search is paid on or after 01.04.2024.

See decision of the Administrative Council CA/D 16/17 of 13.12. 2017 (OJ EPO

2018, A3) abrogating decision of the Administrative Council CA/D 10/05 (OJ EPO

Art. 35, 92, 93,

129

R. 65, 68, 113,

159-165

European Patent Convention April 2024

Council may decide that the supplementary search report is to be dis-

pensed with or that the search fee is to be reduced.

Article 154

183

(deleted)

Article 155

184

(deleted)

Article 156

185

(deleted)

Article 157

186

(deleted)

Article 158

187

(deleted)

2005, 548) concerning cases where the search fee for the supplementary European search

is to be reduced.

183

Deleted by the Act revising the European Patent Convention of 29.11.2000.

184

Deleted by the Act revising the European Patent Convention of 29.11.2000.

185

Deleted by the Act revising the European Patent Convention of 29.11.2000.

186

Deleted by the Act revising the European Patent Convention of 29.11.2000.

187

Deleted by the Act revising the European Patent Convention of 29.11.2000.

European Patent Convention April 2024

PART XI

TRANSITIONAL PROVISIONS

188

(deleted)

188

Articles 159, 160, 161, 162 and 163 were deleted by the Act revising the European Pa-

tent Convention of 29.11.2000.

European Patent Convention April 2024

PART XII

FINAL PROVISIONS

Article 164

189

Implementing Regulations and Protocols

(1) The Implementing Regulations, the Protocol on Recognition, the Pro-

tocol on Privileges and Immunities, the Protocol on Centralisation, the Pro-

tocol on the Interpretation of Article 69 and the Protocol on Staff Comple-

ment shall be integral parts of this Convention.

(2)

190

In case of conflict between the provisions of this Convention and

those of the Implementing Regulations, the provisions of this Convention

shall prevail.

Article 165

Signature – Ratification

(1)

191

This Convention shall be open for signature until 5 April 1974 by the

States which took part in the Inter-Governmental Conference for the setting

up of a European System for the Grant of Patents or were informed of the

holding of that conference and offered the option of taking part therein.

(2) This Convention shall be subject to ratification; instruments of ratifica-

tion shall be deposited with the Government of the Federal Republic of

Germany.

Article 166

Accession

(1) This Convention shall be open to accession by:

(a) the States referred to in Article 165, paragraph 1;

(b) any other European State at the invitation of the Administrative Coun-

cil.

(2) Any State which has been a party to the Convention and has ceased

to be so as a result of the application of Article 172, paragraph 4, may

again become a party to the Convention by acceding to it.

(3) Instruments of accession shall be deposited with the Government of

the Federal Republic of Germany.

189

Amended by the Act revising the European Patent Convention of 29.11.2000.

190

See decisions/opinions of the Enlarged Board of Appeal G 2/95, G 6/95, G 1/02 (An-

nex I).

191

Signatory states: AT, BE, CH, DE, DK, FR, GB, GR, IE, IT, LI, LU, MC, NL, NO, SE.

Conference participants: signatory states plus ES, FI, PT, TR, YU.

Invited states: Conference participants plus CY, IS.

Art. 166, 178

Art. 35, 178

European Patent Convention April 2024

Article 167

192

(deleted)

Article 168

Territorial field of application

(1) Any Contracting State may declare in its instrument of ratification or

accession, or may inform the Government of the Federal Republic of Ger-

many by written notification at any time thereafter, that this Convention

shall be applicable to one or more of the territories for the external relations

of which it is responsible. European patents granted for that Contracting

State shall also have effect in the territories for which such a declaration

has taken effect.

(2) If the declaration referred to in paragraph 1 is contained in the instru-

ment of ratification or accession, it shall take effect on the same date as the

ratification or accession; if the declaration is notified after the deposit of the

instrument of ratification or accession, such notification shall take effect six

months after the date of its receipt by the Government of the Federal Re-

public of Germany.

(3) Any Contracting State may at any time declare that the Convention

shall cease to apply to some or to all of the territories in respect of which it

has given notification pursuant to paragraph 1. Such declaration shall take

effect one year after the date on which the Government of the Federal Re-

public of Germany received notification thereof.

Article 169

193

Entry into force

(1) This Convention shall enter into force three months after the deposit

of the last instrument of ratification or accession by six States on whose ter-

ritory the total number of patent applications filed in 1970 amounted to at

least 180 000 for all the said States.

(2) Any ratification or accession after the entry into force of this Conven-

tion shall take effect on the first day of the third month after the deposit of

the instrument of ratification or accession.

192

Deleted by the Act revising the European Patent Convention of 29.11.2000.

193

For Belgium, Germany, France, Luxembourg, the Netherlands, Switzerland and

the United Kingdom: 7 October 1977; Sweden: 1 May 1978; Italy: 1 December 1978; Aus-

tria: 1 May 1979; Liechtenstein: 1 April 1980; Greece and Spain: 1 October 1986; Den-

mark: 1 January 1990; Monaco: 1 December 1991; Portugal: 1 January 1992; Ire-

land: 1 August 1992; Finland: 1 March 1996; Cyprus: 1 April 1998; Tur-

key: 1 November 2000; Bulgaria, Czech Republic, Estonia, Slovakia: 1 July 2002; Slove-

nia: 1 December 2002; Hungary: 1 January 2003; Romania: 1 March 2003; Po-

land: 1 March 2004; Iceland: 1 November 2004; Lithuania: 1 December 2004; Lat-

via: 1 July 2005; Malta: 1 March 2007; Croatia and Norway: 1 January 2008;

North Macedonia: 1 January 2009; San Marino: 1 July 2009; Albania: 1 May 2010; Serbia: 1

October 2010; Montenegro: 1 October 2022.

Art. 178

European Patent Convention April 2024

Article 170

Initial contribution

(1) Any State which ratifies or accedes to this Convention after its entry

into force shall pay to the Organisation an initial contribution, which shall

not be refunded.

(2) The initial contribution shall be 5% of an amount calculated by apply-

ing the percentage obtained for the State in question, on the date on which

ratification or accession takes effect, in accordance with the scale provided

for in Article 40, paragraphs 3 and 4, to the sum of the special financial con-

tributions due from the other Contracting States in respect of the account-

ing periods preceding the date referred to above.

(3) In the event that special financial contributions were not required in

respect of the accounting period immediately preceding the date referred to

in paragraph 2, the scale of contributions referred to in that paragraph shall

be the scale that would have been applicable to the State concerned in re-

spect of the last year for which financial contributions were required.

Article 171

Duration of the Convention

The present Convention shall be of unlimited duration.

Article 172

Revision

(1) This Convention may be revised by a Conference of the Contracting

States.

(2) The Conference shall be prepared and convened by the Administra-

tive Council. The Conference shall not be validly constituted unless at least

three-quarters of the Contracting States are represented at it. Adoption of

the revised text shall require a majority of three-quarters of the Contracting

States represented and voting at the Conference. Abstentions shall not be

considered as votes.

(3) The revised text shall enter into force when it has been ratified or ac-

ceded to by the number of Contracting States specified by the Conference,

and at the time specified by that Conference.

(4) Such States as have not ratified or acceded to the revised text of the

Convention at the time of its entry into force shall cease to be parties to this

Convention as from that time.

Article 173

Disputes between Contracting States

(1) Any dispute between Contracting States concerning the interpretation

or application of the present Convention which is not settled by negotiation

shall be submitted, at the request of one of the States concerned, to the

Administrative Council, which shall endeavour to bring about agreement

between the States concerned.

Art. 35, 166, 175,

176

European Patent Convention April 2024

(2) If such agreement is not reached within six months from the date

when the dispute was referred to the Administrative Council, any one of the

States concerned may submit the dispute to the International Court of Jus-

tice for a binding decision.

Article 174

Denunciation

Any Contracting State may at any time denounce this Convention. Denun-

ciation shall be notified to the Government of the Federal Republic of Ger-

many. It shall take effect one year after the date of receipt of such notifica-

tion.

Article 175

Preservation of acquired rights

(1) In the event of a State ceasing to be party to this Convention in ac-

cordance with Article 172, paragraph 4, or Article 174, rights already ac-

quired pursuant to this Convention shall not be impaired.

(2) A European patent application which is pending when a designated

State ceases to be party to the Convention shall be processed by the Euro-

pean Patent Office, as far as that State is concerned, as if the Convention

in force thereafter were applicable to that State.

(3) Paragraph 2 shall apply to European patents in respect of which, on

the date mentioned in that paragraph, an opposition is pending or the op-

position period has not expired.

(4) Nothing in this Article shall affect the right of any State that has

ceased to be a party to this Convention to treat any European patent in ac-

cordance with the text to which it was a party.

Article 176

Financial rights and obligations of former Contracting States

(1) Any State which has ceased to be a party to this Convention in ac-

cordance with Article 172, paragraph 4, or Article 174, shall have the spe-

cial financial contributions which it has paid pursuant to Article 40, para-

graph 2, refunded to it by the Organisation only at the time when and under

the conditions whereby the Organisation refunds special financial contribu-

tions paid by other States during the same accounting period.

(2) The State referred to in paragraph 1 shall, even after ceasing to be a

party to this Convention, continue to pay the proportion pursuant to Arti-

cle 39 of renewal fees in respect of European patents remaining in force in

that State, at the rate current on the date on which it ceased to be a party.

Article 177

Languages of the Convention

(1) This Convention, drawn up in a single original, in the English, French

and German languages, shall be deposited in the archives of the Govern-

ment of the Federal Republic of Germany, the three texts being equally au-

thentic.

Art. 175, 176, 178

European Patent Convention April 2024

(2) The texts of this Convention drawn up in official languages of Con-

tracting States other than those specified in paragraph 1 shall, if they have

been approved by the Administrative Council, be considered as official

texts. In the event of disagreement on the interpretation of the various texts,

the texts referred to in paragraph 1 shall be authentic.

Article 178

Transmission and notifications

(1) The Government of the Federal Republic of Germany shall draw up

certified true copies of this Convention and shall transmit them to the Gov-

ernments of all signatory or acceding States.

(2) The Government of the Federal Republic of Germany shall notify to

the Governments of the States referred to in paragraph 1:

(a) the deposit of any instrument of ratification or accession;

(b) any declaration or notification received pursuant to Article 168;

which such denunciation comes into force.

(3) The Government of the Federal Republic of Germany shall register

this Convention with the Secretariat of the United Nations.

IN WITNESS WHEREOF, the Plenipotentiaries authorised thereto, having

presented their Full Powers, found to be in good and due form, have signed

this Convention.

Done at Munich this fifth day of October one thousand nine hundred and

seventy-three

Art. 165, 166, 169