Transitional provisions EPC 73 - EPC 2000

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Chapter 1. Legal basis

Section 1.1. goods

The transitional provisions allowing to know 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.
  • & #8220;Decision of the Board of Directors of June 28, 2001 relating to the transitional provisions under Article 1 of Section 1 of the TP38217; Act of revision of the European Patent Convention of November 29, 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, motif 1.3, & #8220;Decision of the Board of Directors of December 7, 2006 amending the Implementing Regulations of the European Patent Convention 2000” , 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 & #8217; to European patent applications and to international applications entering the European phase filed from July 1, 2005 (& #8220;Decision of the Board of Directors of December 7, 2006 amending the Implementing Regulations of the European Patent Convention 2000” , 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 December 13, 2007 and for patents granted before December 13, 2007, the rule is that the provisions of CBE73 apply, even if certain provisions of EPC 2000 may be applicable (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 (Decision of the Board of Directors of June 28, 2001 relating to the transitional provisions under Article 1 of Section 1 of the TP38217; Act of revision of the European Patent Convention of November 29, 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 (Decision of the Board of Directors of June 28, 2001 relating to the transitional provisions under Article 1 of Section 1 of the TP38217; Act of revision of the European Patent Convention of November 29, 2000” , OG 2007, Special Edition No. 1, p197, A1):

In addition, the following provisions of the EPC 2000 are applicable to these applications and patents insofar as the time limits for the presentation of & #8217; a request for further processing or restitution has not expired (Decision of the Board of Directors of June 28, 2001 relating to the transitional provisions under Article 1 of Section 1 of the TP38217; Act of revision of the European Patent Convention of November 29, 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 (Decision of the Board of Directors of June 28, 2001 relating to the transitional provisions under Article 1 of Section 1 of the TP38217; Act of revision of the European Patent Convention of November 29, 2000” , OG 2007, Special Edition No. 1, p197, A6):

In addition, the provisions of the CBE73 continue to apply to these requests:

  • A154 (3) CBE73 and A155 (3) CBE73 :
    • Jurisdiction of the Boards of Appeal of the EPO to challenge the unity of invention at the international level (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 (Decision of the Board of Directors of June 28, 2001 relating to the transitional provisions under Article 1 of Section 1 of the TP38217; Act of revision of the European Patent Convention of November 29, 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 (Decision of the Board of Directors of June 28, 2001 relating to the transitional provisions under Article 1 of Section 1 of the TP38217; Act of revision of the European Patent Convention of November 29, 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 articles & #8220; harmonized & #8221; and not & #8220; modified & #8221;

Some articles have been harmonized between the different languages but their general content has not been changed. 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) l & #8217;A7 (1) of l & #8217; Act of revision did not apply to only harmonized articles: thus, the harmonized articles are applicable to any patent application whatever their filing date.

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