BR-Documents : art. 11771 /en
Metadata
[modifier | modifier le wikicode]- Display Name : BR 117 e 71
- Item Number : 11771
- Folder / Language : English
- Language Tag : #English
- Original PDF :
BR-Documents/English/BR-Documents 101-125/BR-Documents 117 e 71/BR 117 e 71.pdf
Contenu
[modifier | modifier le wikicode][p.1]
Europäisches Patentamt European Patent Office Office européen des brevets
BR 117 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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\( \therefore m = \frac{3}{11} \)
\( \therefore m = \frac{3}{11} \)
\( \therefore m = \frac{3}{11} \)
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\( \therefore m = \frac{3}{11} \)
\( \therefore m = \frac{3}{11} \)
\( \therefore m = \frac{3}{11} \)
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[p.3]
INTER-GOVERNMENTAL CONFERENCE FOR THE SETTING UP OF A EUROPEAN SYSTEM FOR THE GRANT OF PATENTS
Luxembourg, 26 April 1971 BR/117/71
- Secretariat -
4th MEETING
[modifier | modifier le wikicode]Luxembourg, 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 164, 165, 166, 167, 168, 169, 171, 171a, 172 and 173
BR/117 e/71 gc
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C
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Article 164
[modifier | modifier le wikicode]Signature - Ratification
[modifier | modifier le wikicode](1) This Convention shall be open for signature until ...(1) by the States which took part in the Inter-Governmental Conference for the setting up of a European System for the Grant of Patents or were informed of the holding of that Conference and offered the option of taking part therein.
(2) This Convention shall be subject to ratification by the signatory States; instruments of ratification shall be deposited with the Government of ...
(1) The date to be inserted should allow for signing over a period of six months.
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Article 165
[modifier | modifier le wikicode]Accession
[modifier | modifier le wikicode](1) This Convention shall be open to accession by the States referred to in Article 164, paragraph 1, after the expiry of the period for signature. (2) After the entry into force of this Convention, any other European State may accede to it at the invitation of the Administrative Council. (3) Any State which has been a party to the Convention and has ceased so to be as a result of the application of Article 162, paragraph 4, may again become a party to the Convention by acceding to it. (4) Instruments of accession shall be deposited with the Government of ...
BR/117 c/71 gc
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Article 166
[modifier | modifier le wikicode]Entry into Force
[modifier | modifier le wikicode](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; the Administrative Council, convened by the Government of ..., 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/117 c/71 lb
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Article 167
[modifier | modifier le wikicode]Territorial field of application
(1)
Unchanged from BR/88/71
(2)
(3) Any Contracting State may at any time declare that the Convention shall cease to apply to some or to all of the territories in respect of which it has given a notification pursuant to paragraph 1. Such declaration shall take effect one year after the date on which the Government of ... received notification thereof, unless the State concerned has earlier ceased to be a party to the Convention, pursuant to Article 162, paragraph 4.
BR/117 c/71 lb
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Article 168
[modifier | modifier le wikicode]Settlement of disputes
(1) Unchanged from BR/88/71
(2) If such agreement is not reached within six months from the date when the Administrative Council was seized of the dispute, the dispute may, by any one of the States concerned, be brought before the International Court of Justice by application in conformity with the Statute of the Court.
BR/117 s/71 lb
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Article 169
[modifier | modifier le wikicode]Limitation of reservations
[modifier | modifier le wikicode]Signature or ratification of or accession to the Convention may not be subject to any reservations other than those provided for in Article 158 of this Convention.
ER/117 c/71 lb
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Article 171
[modifier | modifier le wikicode]Denunciation
[modifier | modifier le wikicode]Any Contracting State may at any time denounce this Convention. Notification of denunciation shall be given to the Government of ... . Denunciation shall take effect one year after the date of receipt of such notification, unless the State concerned has earlier ceased to be a party to the Convention, pursuant to Article 162, paragraph 4.
BR/117 c/71 lb
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Article 171c
[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.
Note to Article 171a
This article is to be re-examined.
BR/117 e/71 1b
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Article 172
[modifier | modifier le wikicode]Languages
(1)
Unchanged from BR/88/71
(2) Subject to authorisation by the Administrative Council, official texts of this Convention may be published in the official languages of other Contracting States. In the event of conflict on the interpretation of the various texts, the texts referred to in paragraph 1 shall be authentic.
BR/117 c/71 1b
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Article 173
[modifier | modifier le wikicode]Transmission of certified true copies - Notifications
(1) The Government of ... shall draw up certified true copies of this Convention and shall transmit them to the Governments of all signatory or acceding States. (2) The Government of ... shall notify to the Governments of the States referred to in paragraph 1:
(a) any signature; (b) the deposit of any instrument of ratification or accession; (c) any reservation or withdrawal of reservation pursuant to the provisions of Article 158; (d) any declaration or notification received pursuant to the provisions of Article 167; (e) any date of entry into force of this Convention; (f) any denunciation received pursuant to the provisions of Article 171 and the date on which such denunciation comes into force.
(3) The Government of ... shall register this Convention with the Secretariat of the United Nations.
In witness whereof, the Plenipotentiaries authorised thereto, having presented their Full Powers, found to be in good and due form, have signed this Convention.
Done at ... on ...
BR/117 c/71 gc
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