Dutch Legislation

Chapter I

in force

FILING OF A EUROPEAN PATENT APPLICATION AND THE REQUIREMENTS TO BE COMPLIED WITH

European Patent Convention (EPC) (Europees Octrooiverdrag (EOV)) · Articles: 40

Section None

FILING OF A EUROPEAN PATENT APPLICATION AND THE REQUIREMENTS TO BE COMPLIED WITH

1 Article 1

A system of law, common to the Contracting States, for the grant of patents for invention is established by this Convention.

2 Article 2

Patents granted under this Convention shall be called European patents.

3 Article 3

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

4 Article 4

A European Patent Organisation, hereinafter referred to as the Organisation, is established by this Convention. It shall have administrative and…

4a Article 4a

A conference of ministers of the Contracting States responsible for patent matters shall meet at least every five years to discuss issues pertaining…

52 Article 52

European patents shall be granted for any inventions, in all fields of technology, provided that they are new, involve an inventive step and are…

53 Article 53

European patents shall not be granted in respect of:

54 Article 54

An invention shall be considered to be new if it does not form part of the state of the art.

55 Article 55

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…

56 Article 56

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…

57 Article 57

An invention shall be considered as susceptible of industrial application if it can be made or used in any kind of industry, including agriculture.

75 Article 75

A European patent application may be filed:

76 Article 76

A European divisional application shall be filed directly with the European Patent Office in accordance with the Implementing Regulations. It may be…

77 Article 77

The central industrial property office of a Contracting State shall forward to the European Patent Office any European patent application filed with…

78 Article 78

A European patent application shall contain:

79 Article 79

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…

80 Article 80

The date of filing of a European patent application shall be the date on which the requirements laid down in the Implementing Regulations are…

81 Article 81

The European patent application shall designate the inventor. If the applicant is not the inventor or is not the sole inventor, the designation shall…

82 Article 82

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…

83 Article 83

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…

84 Article 84

The claims shall define the matter for which protection is sought. They shall be clear and concise and be supported by the description.

85 Article 85

The abstract shall serve the purpose of technical information only; it may not be taken into account for any other purpose, in particular for…

86 Article 86

Renewal fees for the European patent application shall be paid to the European Patent Office in accordance with the Implementing Regulations. These…

113 Article 113

The decisions of the European Patent Office may only be based on grounds or evidence on which the parties concerned have had an opportunity to…

114 Article 114

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…

115 Article 115

In proceedings before the European Patent Office, following the publication of the European patent application, any third party may, in accordance…

116 Article 116

Oral proceedings shall take place either at the instance of the European Patent Office if it considers this to be expedient or at the request of any…

117 Article 117

In proceedings before the European Patent Office the means of giving or obtaining evidence shall include the following:

118 Article 118

Where the applicants for or proprietors of a European patent are not the same in respect of different designated Contracting States, they shall be…

119 Article 119

Decisions, summonses, notices and communications shall be notified by the European Patent Office of its own motion in accordance with the…

120 Article 120

The Implementing Regulations shall specify:

121 Article 121

If an applicant fails to observe a time limit vis-à-vis the European Patent Office, he may request further processing of the European patent…

122 Article 122

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…

123 Article 123

The European patent application or European patent may be amended in proceedings before the European Patent Office, in accordance with the…

124 Article 124

The European Patent Office may, in accordance with the Implementing Regulations, invite the applicant to provide information on prior art taken into…

125 Article 125

In the absence of procedural provisions in this Convention, the European Patent Office shall take into account the principles of procedural law…

126 Article 126 repealed
135 Article 135

The central industrial property office of a designated Contracting State shall, at the request of the applicant for or proprietor of a European…

136 Article 136 repealed
137 Article 137

A European patent application transmitted in accordance with Article 135, paragraph 2 or 3, shall not be subjected to formal requirements of national…