BR-Documents : art. 11871 /en
Metadata
[modifier | modifier le wikicode]- Display Name : BR 118 e 71
- Item Number : 11871
- Folder / Language : English
- Language Tag : #English
- Original PDF :
BR-Documents/English/BR-Documents 101-125/BR-Documents 118 e 71/BR 118 e 71.pdf
Contenu
[modifier | modifier le wikicode][p.1]
Europäisches Patentamt European Patent Office Office européen des brevets
BR 118 e/71
[modifier | modifier le wikicode]Travaux Préparatoires EPC 1973
[modifier | modifier le wikicode]Comment:
The collection represents purely an internal research tool for the purpose of Directorate Patent Law of the European Patent Office. No guarantee can be given for its completeness or correctness.
The documents produced before 1969 cannot be provided in English as this was not an official language in the period before that date. These documents therefore are provided in French and German.
[p.2]
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[p.3]
INTER-GOVERNMENTAL CONFERENCE FOR THE SETTING UP OF A EUROPEAN SYSTEM FOR THE GRANT OF PATENTS
Luxembourg, 27 April 1971 BR/118/71
- Secretariat -
4th MEETING
[modifier | modifier le wikicode]Luxembourg, from 20 to 30 April 1971
FIRST PRELIMINARY DRAFT OF A CONVENTION ESTABLISHING
A EUROPEAN SYSTEM FOR THE GRANT OF PATENTS
Proposals submitted by the Drafting Committee to the Conference
Articles 8a, 35, 35aa, 35ab, 35ac, 35b, 35c, 35d, 35e, 35f, 35g, 35 l, 35m, 35n, 35 o, 35p, 76, 166 and 171a
BR/118 e/71 gc
[p.4]
Article 8a (former Article 160)
[modifier | modifier le wikicode]National utility models and utility certificates
Article 6, Article 61, paragraph 2, Article 76, Articles 124 to 128, Article 134 and Article 149, shall apply to utility models and utility certificates and to applications for utility models and utility certificates registered or deposited in the Contracting States whose laws make provision for such models or certificates.
BR/118 e/71 prk
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[p.5]
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Article 35
[modifier | modifier le wikicode]Privileges and immunities
[modifier | modifier le wikicode]A separate Protocol shall define the conditions under which the European Patent Office, its officials, the members of the Administrative Council and such other persons taking part in their work as specified in the Protocol, shall enjoy in the territory of each Contracting State the privileges and immunities necessary for the performance of their duties.
BR/118 e/71 prk
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[p.6]
- 3 -
CHAPTER Ia (1)
[modifier | modifier le wikicode]Powers and functions of the Administrative Council
Article 35aa (formerly Art. 35a, par. 1)
Adoption and amendment of general rules
(1) The Administrative Council shall be competent to amend:
(a) Articles 54 and 55 so as to re-allocate in the light of experience the responsibilities entrusted to the Examining Sections and Examining Divisions,
(b) the time limits laid down in this Convention; this shall not apply to the time limit laid down in Article 88, paragraph 2, subject to the provisions of Article 159,
(c) the Implementing Regulations to this Convention.
(2) The Administrative Council shall be competent to adopt or amend the following:
(a) the Financial Regulations of the European Patent Office,
(b) the Service Regulations for officials and the conditions of employment of other employees of the European Patent Office, the salary scales of the said officials and other employees, and also the nature, and the rules for the grant, of any supplementary benefits which may be accorded to them,
(c) the Rules relating to Fees,
(d) any other rules necessary for the implementation of this Convention.
(3) The Administrative Council shall take the decisions referred to in Articles 156 and 159.
(1) The provisions of Chapters Ia, Ib and Ic will require to be harmonised with the other provisions of the Convention at a later date. The position of these Chapters in the Convention is provisional.
BR/118 e/71 gc
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[p.7]
Article 35ab
[modifier | modifier le wikicode](formerly Article 35a, paragraph 2)
Supervision of the activities of the European Patent Office
[modifier | modifier le wikicode](1) Within the framework of its function of supervising the activities of the European Patent Office, the Administrative Council shall:
(a) - delete -
(b) adopt each year the budget of the European Patent Office and such amending or supplementary budgets as may be submitted to it by the President of the European Patent Office, and supervise the implementation thereof;
(c) fix the number of auditors, appoint them, and determine their remuneration;
(d) examine annually the accounts of the preceding accounting period in respect of the budget and the balance sheet showing the assets and liabilities of the European Patent Office, together with the report of the Audit Board, and give the President of the European Patent Office a discharge in respect of the implementation of the budget;
(e) approve the annual management reports of the President of the European Patent Office;
(f) - delete -
(see paragraph 3)
(2) The Administrative Council shall take the decisions referred to in Article 42b, paragraphs 1, 4 and 5, Article 42c, paragraph 2, Article 42d, Article 42e, paragraph 2, Article 48, paragraph 2 and Article 157, paragraph 3, last sentence, and shall determine the advances to be made to the Contracting States in accordance with Article 157, paragraph 2.
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Article 35ab, continued
(3) The Administrative Council shall appoint the senior officials referred to in Article 37, subject to the conditions laid down in that Article, and shall designate the Vice-President who is to replace the President when the latter is absent. He may, on the proposal of the President of the European Patent Office, take disciplinary action in regard to those officials referred to in paragraph 3 of the said Article, while observing the provisions of the Service Regulations applicable to them.
ER/118 e/71 prk
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[p.9]
- 6 -
Article 35cc (formerly Art. 35a, par. 3)
[modifier | modifier le wikicode]Other decisions
(1) The Administrative Council shall decide as to which States shall be invited to accede to the Convention in accordance with Article 165, paragraph 2. (2) The Administrative Council shall authorise the President of the European Patent Office to negotiate and, with its approval, to conclude agreements with States and with international organisations. (3) The Administrative Council shall take the decisions referred to in Article 73, paragraph 5, Article 119, paragraph 3, Article 121a, paragraph 2 and Article 121b. (4) The Administrative Council shall prepare and convene revision conferences referred to in Article 162, paragraph 2. (5) The Administrative Council shall decide on the creation of the branches referred to in Article 33, paragraph 2.
3R/118 e/71 gc
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[p.10]
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Article 35b
[modifier | modifier le wikicode]Preparatory duties of the Administrative Council
- deleted -
BR/118 e/71 gc
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[p.11]
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CHAPTER Ib
[modifier | modifier le wikicode]Constitution of the Administrative Council
Article 35c
[modifier | modifier le wikicode]Membership of the Administrative Council
(1) The Administrative Council shall be composed of the Representatives and the alternate Representatives of the Contracting States. Each Contracting State shall be entitled to appoint one Representative and one alternate Representative to the Administrative Council.
(2) The members of the Administrative Council may, subject to the provisions of its Rules of Procedure, be assisted by advisers or experts.
BR/118 e/71 gc
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[p.12]
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Article 35d
[modifier | modifier le wikicode]Attendance of observers
[modifier | modifier le wikicode](1)
(2)
{ Unchanged from BR/88/71
(3) Any other inter-governmental organisation exercising an activity of interest to the European Patent Office may be invited by the Administrative Council to arrange to be represented during any discussion of matters of mutual interest.
BR/118 e/71 gc
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[p.13]
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Article 35e
[modifier | modifier le wikicode]Attendance of the President of the European Patent Office
The President of the European Patent Office shall take part in the deliberations of the Administrative Council.
BR/118 c/71 gc
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[p.14]
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CHAPTER Ic
[modifier | modifier le wikicode]Proceedings of the Administrative Council
[modifier | modifier le wikicode]Article 35f
[modifier | modifier le wikicode]The President and Vice-President
[modifier | modifier le wikicode](1) The Administrative Council shall elect a President and a Vice-President from among the Representatives and alternate Representatives of the Contracting States.
The Vice-President shall ex officio replace the President in the event of his being prevented from attending to his duties.
(2) The duration of the term of office of the President and the Vice-President shall be three years. It shall be renewable.
(3) Notwithstanding the provisions of paragraph 2, 1st sentence, the duration of the term of office of the first President appointed after the entry into force of the Convention shall be four years.
1
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[p.15]
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Article 35g
[modifier | modifier le wikicode]Board of the Administrative Council
(1) When there are at least eight Contracting States, the Administrative Council may set up a Board composed of five of its members.
(2) Unchanged from BR/88/71
(3) The term of office of the members elected by the Council shall be three years. This term of office shall not be renewable.
(4) Notwithstanding the provision of paragraph 3, 1st sentence, the term of office of two of the elected members of the first Board set up after the entry into force of this Convention shall be five and four years respectively.
BR/118 e/71 gc
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[p.16]
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Article 35 1
[modifier | modifier le wikicode]Select Committees of the Administrative Council
[modifier | modifier le wikicode](1) Unchanged from BR/88/71
(2) The composition, powers and functions of such Select Committees shall be determined by the States parties to the special agreements referred to in Article 8.
BR/118 e/71 gc
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[p.17]
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Article 35m
[modifier | modifier le wikicode]Voting rules
[modifier | modifier le wikicode](1) The following shall require a majority of three-quarters of the Contracting States represented and voting:
(a) the decisions referred to in Article 35aa, paragraph 1 (b) and (c) and paragraphs 2 and 3; (b) adoption of the budget of the European Patent Office and, where necessary, of amending or supplementary budgets, and the decisions referred to in Article 42b, paragraph 1 and Article 42c, paragraph 2; (c) the appointment of the President of the European Patent Office; (d) the decisions referred to in Article 35ac; (e) the adoption and amendment of the Rules of Procedure of the Administrative Council.
(2) All other decisions of the Administrative Council shall require a simple majority of the Contracting States represented and voting.
(3) Abstentions shall not be considered as votes.
38/118 e/71 gc
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[p.18]
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Article 35n
[modifier | modifier le wikicode]Weighting of votes
[modifier | modifier le wikicode](1) In respect of the adoption or amendment of the Rules relating to Fees and, if the financial contribution to be made by the Contracting States would thereby be increased, the adoption of the budget of the European Patent Office and of any amending or supplementary budget, any Contracting State may require, following a first ballot in which each Contracting State shall have one vote, and whatever the result of this ballot, that a second ballot be taken immediately, in which votes shall be given to the States in accordance with paragraph 2. The decision shall be determined by the result of this second ballot.
(2) The number of votes that each Contracting State shall have in the second ballot shall be calculated as follows:
(a) the figure obtained for each Contracting State pursuant to Article 42c, paragraph 3, in respect of the scale for the special financial contributions, shall be multiplied by the number of Contracting States and divided by five; (b) the number of votes thus given shall be rounded upwards to the higher whole number; (c) five additional votes shall be added to this number; (d) nevertheless each Contracting State shall have a maximum of 30 votes.
Note to Article 35n:
This Article, and in particular paragraph 2(d) will be re-examined in the light of the scale of contributions adopted (cf. Article 42c).
BR/118 e/71 prk
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[p.19]
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Article 35 o
[modifier | modifier le wikicode]Staff and equipment of the Administrative Council
The European Patent Office shall place at the disposal of the Administrative Council, and any select committee or other body established by the Administrative Council, such staff, premises, equipment and furnishings as may be necessary for the performance of their duties.
ER/118 e/71 gc
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[p.20]
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Article 35b
[modifier | modifier le wikicode]Privileges and immunities
- deleted - (cf. Article 35)
BR/118 e/71 gc
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[p.21]
- 18 -
Article 76
[modifier | modifier le wikicode]Equivalence of national filing with European filing
(1)
( Unchanged from BR/88/71
(1a)(Former Article 161) A European patent application published on or after the priority date of an application for a national patent, but having an earlier priority date, shall be deemed in each of the Contracting States designated in the European patent application as published, in regard to such national application or to the patent granted in respect thereof, to be the equivalent of a national patent application based on an earlier filing.
(2)
(Unchanged from BR/88/71
BR/118 e/71 prk
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[p.22]
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Article 166
[modifier | modifier le wikicode]Entry into Force
(1) This Convention shall enter into force three months after the deposit of the last instrument of ratification or accession by six States on whose territory the total number of patent applications filed in 1970 amounted to at least 180,000 for all the said States.
(1a) The States referred to in paragraph 1 shall appoint their representatives to the Administrative Council; on the invitation of the Government referred to in Article 164, paragraph 2, the Administrative Council shall meet no later than two months after the entry into force of this Convention, particularly for the purpose of appointing the President of the European Patent Office.
(2) Any ratification or accession after the entry into force of this Convention shall take effect on the first day of the third month after the deposit of the instrument of ratification or accession.
BR/118 e/71 gc
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Article 171a
[modifier | modifier le wikicode]Preservation of acquired rights
[modifier | modifier le wikicode](1) In the event of a State ceasing to be party to this Convention in accordance with Article 162, paragraph 4, or Article 171, paragraph 1, rights already acquired pursuant to this Convention shall not be impaired.
(2) A European patent application which is pending when a designated State ceases to be party to the Convention shall be processed by the European Patent Office, in so far as that State is concerned, as if the Convention in force thereafter were applicable to that State.
(3) The provisions of paragraph 2 shall apply to European patents in respect of which, on the date mentioned in that paragraph, an opposition is pending or the opposition period has not expired.
(4) Nothing in this Article shall affect the right of any State that has ceased to be a party to this Convention to treat any European patent in accordance with the text to which it was a party.
Note to Article 171a
[modifier | modifier le wikicode]This Article is to be re-examined.
---ER/118 e/71 prk
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