Act revising the Convention on the Grant of European Patents (European Patent Convention) of 5 October 1973, last revised on 17 December 1991,

of 29 November 2000¹

(extract)

Preamble

THE CONTRACTING STATES TO THE EUROPEAN PATENT CONVENTION,

CONSIDERING that the co-operation of the countries of Europe on the basis of the European Patent Convention and the single procedure for the grant of patents thereby established renders a significant contribution to the legal and economic integration of Europe,

WISHING to promote innovation and economic growth in Europe still more effectively by laying foundations for the further development of the European patent system,

DESIRING, in the light of the increasingly international character of the patent system, to adapt the European Patent Convention to the technological and legal developments which have occurred since it was concluded,

HAVE AGREED AS FOLLOWS:

Article 1
Amendment of the European Patent Convention

The European Patent Convention shall be amended as follows:

...
(1.   The following Articles have been inserted :
Articles 4a, Article 105a, Article 105b, Article 105c, Article 112a, Article 134a and Article 149a.

2.   The following Articles have been amended:

Articles 11, 14, 16, 17, Articles 18, 21, 22, 23, Articles 33, 35, 37, Articles 38, 42, 50, Articles 51, 52, 53, Articles 54, 60, Articles 61, 65, 67, 68, Articles 69, 70, 75, 76, Articles 77, 78, 79, Articles 80, 86, 87, Articles 88, 90, 92, 93, Articles 94, 97, 98, Articles 99, 101, 103, Articles 104, 105, 106, 108, Articles 110, 115, 117, Articles 119, 120, 121, 122, Articles 123, 124, Articles 127, 128, 129, Articles 130, 133, 134, Articles 135, 137, 138, Articles 140, 141, 150, 151, Articles 152, 153 and 164.

3.   The following Articles have been deleted:

Articles 91, 95, 96, 102, Articles 126, 136, Articles 154, 155, 156, Articles 157, 158, 159, Articles 160, 161, 162, 163 and 167.)

Article 2
Protocols

...
(1.   Amendment of the Protocol on the Interpretation of Article 69 EPC
and
Section I of the Protocol on the Centralisation of the European Patent System and on its Introduction (Protocol on Centralisation).

2.   Insertion of the Protocol on the Staff complement of the European Patent Office at The Hague (Protocol on Staff Complement).)

Article 3²
New text of the Convention

(1) The Administrative Council of the European Patent Organisation is hereby authorised to draw up, at the proposal of the President of the European Patent Office, a new text of the European Patent Convention. In the new text, the wording of the provisions of the Convention shall be aligned, where necessary, in the three official languages. The provisions of the Convention may also be renumbered consecutively and the references to other provisions of the Convention may be amended in accordance with the new numbering. 

(2) The Administrative Council shall adopt the new text of the Convention by a majority of three quarters of the Contracting States represented and voting. On its adoption, the new text of the Convention shall become an integral part of this Revision Act. 

Article 4
Signature and ratification

(1) This Revision Act shall be open for signature by the Contracting States at the European Patent Office in Munich until 1 September 2001. 

(2) This Revision Act shall be subject to ratification; instruments of ratification shall be deposited with the Government of the Federal Republic of Germany. 

Article 5
Accession

(1) This Revision Act shall be open, until its entry into force, to accession by the Contracting States to the Convention and the States which ratify the Convention or accede thereto. 

(2) Instruments of accession shall be deposited with the Government of the Federal Republic of Germany. 

Article 6
Provisional application

Article 1 REV, items 4-6 and 12-15, Article 2 REV, items 2 and 3 and Articles 3 REV and Article 7 REV of this Revision Act shall be applied provisionally.

Article 7³
Transitional provisions

(1) The revised version of the Convention shall apply to all European patent applications filed after its entry into force, as well as to all patents granted in respect of such applications. It shall not apply to European patents already granted at the time of its entry into force, or to European patent applications pending at that time, unless otherwise decided by the Administrative Council of the European Patent Organisation. 

(2) The Administrative Council of the European Patent Organisation shall take a decision under paragraph 1 no later than 30 June 2001, by a majority of three quarters of the Contracting States represented and voting. Such decision shall become an integral part of this Revision Act. 

Article 8
Entry into force⁴

(1) The revised text of the European Patent Convention shall enter into force two years after the fifteenth Contracting State has deposited its instrument of ratification or accession, or on the first day of the third month following the deposit of the instrument of ratification or accession by the Contracting State taking this step as the last of all the Contracting States, if this takes place earlier. 

(2) Upon entry into force of the revised text of the Convention, the text valid until that time shall cease to apply. 

Article 9
Transmission and notifications

(1) The Government of the Federal Republic of Germany shall draw up certified true copies of this Revision Act and shall transmit them to the governments of the Contracting States and of the States able to accede to the European Patent Convention under Article 166, paragraph 1.

(2) The Government of the Federal Republic of Germany shall notify the governments referred to in paragraph 1 concerning:

(a) the deposit of any instrument of ratification or accession; 

(b) the date of entry into force of this Revision Act. 

IN WITNESS WHEREOF, the Plenipotentiaries authorised thereto, having presented their Full Powers, found to be in good and due form, have signed this Revision Act.

DONE at Munich this twenty-ninth day of November two thousand in a single original in the English, French and German languages, the three texts being equally authentic. This original text shall be deposited in the archives of the Federal Republic of Germany.