Transitional provisions EPC 73 - EPC 2000

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Chapter 1. Legal basis

Section 1.1. goods

The transitional provisions on which legal basis applies to European applications can be found in:

  • theAct revising the Convention (or APRC thereafter) on the grant of European patents (European Patent Convention) of 5 October 1973.
  • the " Governing Body decision of 28 June 2001 on the transitional provisions under Article 7 of the Act of Review of the European Patent Convention of 29 November 2000 », OG 2007, Special Edition No. 1, p197.

Section 1.2. Rules

On the other hand, if an article to be applied is under the CBE2000 regime (see below), then the corresponding rules must be those of the EPC 2000 (J10 / 07, reason 1.3, " Governing Body decision of 7 December 2006 amending the Regulations under the 2000 European Patent Convention », OG 2007, Special Edition No. 1, p89, A2).

A single exception exists with regard to the R62 EPC (establishment of the RREE) which only applies to European patent applications and international applications entering the European phase filed on or after 1 July 2005 (" Governing Body decision of 7 December 2006 amending the Regulations under the 2000 European Patent Convention », OG 2007, Special Edition No. 1, p89, A2).

Chapter 2. Summary of Transitional Provisions

Section 2.1. Principle

EPC 2000 is applicable to all patent applications filed on or after 13 December 2007 (A7 (1) APRC) and patents issued on that basis.

For applications pending on 13 December 2007 and for patents issued before 13 December 2007, the rule is that CBE73 applies even if certain EPC 2000 provisions may apply (A7 (1) APRC).

Section 2.2. Applications pending at December 13, 2007

The following provisions of the EPC 2000 are applicable to applications pending on 13 December 2007 (Governing Body decision of 28 June 2001 on the transitional provisions under Article 7 of the Act of Review of the European Patent Convention of 29 November 2000 », OG 2007, Special Edition No. 1, p197, A3):

Section 2.3. Applications pending on December 13, 2007 and patents issued before December 13, 2007

The following provisions of the EPC 2000 are applicable to applications pending on 13 December 2007 and patents issued before 13 December 2007 (Governing Body decision of 28 June 2001 on the transitional provisions under Article 7 of the Act of Review of the European Patent Convention of 29 November 2000 », OG 2007, Special Edition No. 1, p197, A1):

In addition, the following provisions of the EPC 2000 are applicable to such applications and patents to the extent that the time limits for filing a request for further processing or restitutio have not expired (Governing Body decision of 28 June 2001 on the transitional provisions under Article 7 of the Act of Review of the European Patent Convention of 29 November 2000 », OG 2007, Special Edition No. 1, p197, A5):

Section 2.4. PCT applications pending as of 13 December 2007

The following provisions of the EPC 2000 are applicable (Governing Body decision of 28 June 2001 on the transitional provisions under Article 7 of the Act of Review of the European Patent Convention of 29 November 2000 », OG 2007, Special Edition No. 1, p197, A6):

In addition, the provisions of the EPC73 continue to apply for these requests:

  • A154 (3) CBE73 and A155 (3) CBE73 :
    • Jurisdiction of the EPO boards of appeal to challenge the unity of invention at the international stage (EPO as ISA or IPEA).

Section 2.5. Patents issued or issued subsequently

The following provisions of the EPC 2000 are applicable to patents granted on 13 December 2007 and patents granted for pending applications as of 13 December 2007 (Governing Body decision of 28 June 2001 on the transitional provisions under Article 7 of the Act of Review of the European Patent Convention of 29 November 2000 », OG 2007, Special Edition No. 1, p197, A2):

Section 2.6. Decisions of the Board of Appeal handed down on 13 December 2007

The following provisions of the EPC 2000 are applicable to Board of Appeal decisions handed down from 13 December 2007 (Governing Body decision of 28 June 2001 on the transitional provisions under Article 7 of the Act of Review of the European Patent Convention of 29 November 2000 », OG 2007, Special Edition No. 1, p197, A4):

  • A112bis EPC :
    • Review of decisions by the Grand Chamber of Recourse.

Chapter 3. Summary of Articles

Transitional provisions - Articles (Table 1)
Transitional provisions - Articles (Table 1) Transitional provisions - Articles (Table 1)
Transitional provisions - Articles (Table 2)
Transitional provisions - Articles (Table 2) Transitional provisions - Articles (Table 2)
Transitional provisions - Articles (Table 3)
Transitional provisions - Articles (Table 3) Transitional provisions - Articles (Table 3)
Transitional provisions - Articles (Table 4)
Transitional provisions - Articles (Table 4) Transitional provisions - Articles (Table 4)

Section 3.1. Special case of "harmonized" and not "modified" articles

Some articles have been harmonized between the different languages but their general content has not been modified. This is, for example, the case for the article A24 (3) EPC whose German version has been aligned with the other languages.

It was considered that (T49 / 11) theA7 (1) of the Revision Act did not apply to only harmonized items: thus, the harmonized articles are applicable to any patent application regardless of their filing date.

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