EUROPEAN PATENT ORGANISATION
Croatia accedes to the European Patent Convention
1. Accession to the EPC
On 31 October 2007, the Government of the Republic of Croatia (HR) deposited its instrument of accession to the European Patent Convention (EPC) and to the Act revising the EPC of 29 November 2000.
The EPC in its revised version will accordingly enter into force for Croatia on 1 January 2008.
The European Patent Organisation will thus comprise the following 34 member states as from 1 January 2008:
Austria, Belgium, Bulgaria, Croatia, Cyprus, the Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Ireland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Monaco, the Netherlands, Norway, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden, Switzerland, Turkey and the United Kingdom.
Further information concerning the effects of this accession and the provisions which Croatia has enacted for the implementation of the EPC will be published in later issues of the Official Journal.
2. Important information
European patent applications filed on or after 1 January 2008 will include the designation of the new contracting state.1 It will not be possible to designate Croatia retroactively in applications filed before that date.
To allow the new contracting state to be designated, however, the EPO will accord European patent applications filed in December 2007 the filing date of 1 January 2008 if the applicant expressly requests that filing date when filing the application.
3. PCT
Nationals of Croatia and persons having their principal place of business or residence in Croatia will also be entitled, as from 1 January 2008, to file international applications with the European Patent Office as receiving Office.
Any PCT request (PCT/RO/101) filed on or after 1 January 2008 will automatically designate the new EPC contracting state for the purpose of obtaining a European patent (Rule 4.9(a)(iii) PCT).
No European patents for Croatia can be granted on the basis of international applications with a filing date prior to 1 January 2008. However, a national patent can be granted, assuming that Croatia has been designated in the international application. The designation of Croatia at the time an international application with a filing date prior to 1 January 2008 enters the European phase2 is legally invalid.
4. Effect of accession to the EPC on the extension agreement between the EPO and Croatia
The extension agreement between the Republic of Croatia and the European Patent Organisation will terminate with the entry into force of the EPC in Croatia on 1 January 2008. It will thereafter no longer be possible to extend European Patent applications and patents to Croatia.3 The extension system will, however, continue to apply to all European and international applications filed prior to 1 January 2008, as well as to all European patents granted in respect of such applications.
1 See Section 31 of the Request for Grant form (EPA/EPO/OEB Form 1001 12.07; see Special edition No. 7 of the OJ EPO 2007). Croatia will be included in a new version of the form.
To obtain a reduction in the examination fee under Rule 6(3) EPC and Article 14(1) RFees, the request for examination may be submitted in Croatian at any time before the examination fee is paid (see decision J 21/98 of the Legal Board of Appeal, published in OJ EPO 2000, 406). The model request for examination in Croatian will be published in the Notes on Form 1001.
2 EPA/EPO/OEB Form 1200 12.07; see Special edition No. 7 of the OJ EPO 2007.
3 European patent applications filed on or after 1 January 2008 will no longer be deemed to be requests to extend the European patent application or the European patent granted in respect thereof to Croatia. The marking of a cross against Croatia in Section 33.1 of EPO Form 1001 for applications filed on or after the above date will not have any legal effect. Croatia will be removed from the list of extension states when the form is next reissued.