European patents: Legal provision to implement EU sanctions against Russia
The Administrative Council has decided to implement the EU’s 14th package of sanctions against Russia in the European patent framework, by amending the Implementing Regulations to the European Patent Convention (EPC).
At its meeting on 10 December, the Administrative Council of the European Patent Organisation decided to amend the Implementing Regulations to the EPC in view of the European Union’s 14th package of sanctions against Russia. The amendments enable EU Members States to have the IP-related sanctions implemented also in procedures before the EPO.
As a result of these Rule changes, the designation of EU Member States will be deemed withdrawn if a European patent application was filed by a Russian applicant falling under the sanctions. The same process also applies to Euro-PCT applications upon entry into the European phase. The applicants concerned will be informed about the impending loss of rights and will be able to request an appealable decision on the matter. The designation of EPC contracting states which are not member states of the EU remains unaffected by the change.
The new Rules enter into force on 16 December 2024 and apply to European patent applications filed on or after 25 June 2024, as well as to PCT applications entering the European phase before the EPO and divisional European patent applications received on or after that date.
The Council decision follows on from a recent decision taken by the Select Committee of the EPO on 15 November on the implementation of the same EU sanctions package with respect to Unitary Patents.
With this decision of the Administrative Council, all the necessary legal changes have been completed to give the EU’s 14th sanctions package effect in both European and Unitary Patent proceedings before the EPO.
Further information
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