2002. évi L. törvény
az európai szabadalmak megadásáról szóló 1973. október 5-i Müncheni Egyezmény (Európai Szabadalmi Egyezmény) kihirdetéséről1
1. § Az Országgyűlés az európai szabadalmak megadásáról szóló 1973. október 5-i Müncheni Egyezmény (Európai Szabadalmi Egyezmény) hatályos - Münchenben, 1991. december 17-én felülvizsgált, valamint az Európai Szabadalmi Szervezet Igazgatótanácsának 1978. december 21-én, 1994. december 13-án, 1995. október 20-án, 1996. december 5-én és 1998. december 10-én kelt határozataival módosított, egységes szerkezetbe foglalt - szövegét, az ahhoz az Egyezmény 164. Cikke alapján kapcsolt jegyzőkönyvekkel együtt, e törvénnyel kihirdeti.
(Az Európai Szabadalmi Egyezményhez való csatlakozásról szóló okirat letétbe helyezése 2002. október 28. napján megtörtént; az Egyezmény a Magyar Köztársaság tekintetében - az Egyezmény 169. Cikkének (2) bekezdésével összhangban - 2003. január 1-jén lép hatályba.)
2. § Az Európai Szabadalmi Egyezmény angol nyelvű szövege és annak hivatalos magyar nyelvű fordítása a következő:
„CONVENTION ON THE GRANT OF EUROPEAN PATENTS (EUROPEAN PATENT CONVENTION)
of 5 October 1973
text as amended by the act revising Article 63 EPC of 17 December 1991 and by decisions of the Administrative Council of the European Patent Organisation of 21 December 1978, 13 December 1994, 20 October 1995, 5 December 1996 and 10 December 1998
PREAMBLE
The Contracting States,
desiring to strengthen co-operation between the States of Europe in respect of the protection of inventions,
desiring that such protection may be obtained in those States by a single procedure for the grant of patents and by the establishment of certain standard rules governing patents so granted,
desiring, for this purpose, to conclude a Convention which establishes a European Patent Organisation and which constitutes a special agreement within the meaning of Article 19 of the Convention for the Protection of Industrial Property, signed in Paris on 20 March 1883 and last revised on 14 July 1967, and a regional patent treaty within the meaning of Article 45, paragraph 1, of the Patent Cooperation Treaty of 19 June 1970,
have agreed on the following provisions:
PART I
GENERAL AND INSTITUTIONAL PROVISIONS
Chapter I
GENERAL PROVISIONS
Article 1
European law for the grant of patents
A system of law, common to the Contracting States, for the grant of patents for invention is hereby established.
Article 2
European patent
(1) Patents granted by virtue of this Convention shall be called European patents.
(2) The European patent shall, in each of the Contracting States for which it is granted, have the effect of and be subject to the same conditions as a national patent granted by that State, unless otherwise provided in this Convention.
Article 3
Territorial effect
The grant of a European patent may be requested for one or more of the Contracting States.
Article 4
European Patent Organisation
(1) A European Patent Organisation, hereinafter referred to as the Organisation, is established by this Convention. It shall have administrative and financial autonomy.
(2) The organs of the Organisation shall be:
a) a European Patent Office;
b) an Administrative Council.
(3) The task of the Organisation shall be to grant European patents. This shall be carried out by the European Patent Office supervised by the Administrative Council.
Chapter II
THE EUROPEAN PATENT ORGANISATION
Article 5
Legal status
(1) The Organisation shall have legal personality.
(2) In each of the Contracting States, the Organisation shall enjoy the most extensive legal capacity accorded to legal persons under the national law of that State; it may in particular acquire or dispose of movable and immovable property and may be a party to legal proceedings.
(3) The President of the European Patent Office shall represent the Organisation.
Article 6
Seat
(1) The Organisation shall have its seat at Munich.
(2) The European Patent Office shall be set up at Munich. It shall have a branch at The Hague.
Article 7
Sub-offices of the European Patent Office
By decision of the Administrative Council, sub-offices of the European Patent Office may be created if need be, for the purpose of information and liaison, in the Contracting States and with inter-governmental organisations in the field of industrial property, subject to the approval of the Contracting State or organisation concerned.
Article 8
Privileges and immunities
The Protocol on Privileges and Immunities annexed to this Convention shall define the conditions under which the Organisation, the members of the Administrative Council, the employees of the European Patent Office and such other persons specified in that Protocol as take part in the work of the Organisation, shall enjoy, in the territory of each Contracting State, the privileges and immunities necessary for the performance of their duties.
Article 9
Liability
(1) The contractual liability of the Organisation shall be governed by the law applicable to the relevant contract.
(2) The non-contractual liability of the Organisation in respect of any damage caused by it or by the employees of the European Patent Office in the performance of their duties shall be governed by the provisions of the law of the Federal Republic of Germany. Where the damage is caused by the branch at The Hague or a sub-office or employees attached thereto, the provisions of the law of the Contracting State in which such branch or sub-office is located shall apply.
(3) The personal liability of the employees of the European Patent Office towards the Organisation shall be laid down in their Service Regulations or conditions of employment.
(4) The courts with jurisdiction to settle disputes under paragraphs 1 and 2 shall be:
a) for disputes under paragraph 1, the courts of competent jurisdiction in the Federal Republic of Germany, unless the contract concluded between the parties designates the courts of another State;
b) for disputes under paragraph 2, either the courts of competent jurisdiction in the Federal Republic of Germany, or the courts of competent jurisdiction in the State in which the branch or sub-office is located.
Chapter III
THE EUROPEAN PATENT OFFICE
Article 10
Direction
(1) The European Patent Office shall be directed by the President who shall be responsible for its activities to the Administrative Council.
(2) To this end, the President shall have in particular the following functions and powers:
a) he shall take all necessary steps, including the adoption of internal administrative instructions and the publication of guidance for the public, to ensure the functioning of the European Patent Office;
b) in so far as this Convention contains no provisions in this respect, he shall prescribe which transactions are to be carried out at the European Patent Office at Munich and its branch at The Hague respectively;
c) he may place before the Administrative Council any proposal for amending this Convention and any proposal for general regulations or decisions which come within the competence of the Administrative Council;
d) he shall prepare and implement the budget and any amending or supplementary budget;
e) he shall submit a management report to the Administrative Council each year;
f) he shall exercise supervisory authority over the personnel;
g) subject to the provisions of Article 11, he shall appoint and promote the employees;
h) he shall exercise disciplinary authority over the employees other than those referred to in Article 11, and may propose disciplinary action to the Administrative Council with regard to employees referred to in Article 11, paragraphs 2 and 3;
i) he may delegate his functions and powers.
(3) The President shall be assisted by a number of Vice-Presidents. If the President is absent or indisposed, one of the Vice-Presidents shall take his place in accordance with the procedure laid down by the Administrative Council.
Article 11
Appointment of senior employees
(1) The President of the European Patent Office shall be appointed by decision of the Administrative Council.
(2) The Vice-Presidents shall be appointed by decision of the Administrative Council after the President has been consulted.
(3) The members, including the Chairmen, of the Boards of Appeal and of the Enlarged Board of Appeal shall be appointed by decision of the Administrative Council, taken on a proposal from the President of the European Patent Office. They may be re-appointed by decision of the Administrative Council after the President of the European Patent Office has been consulted.
(4) The Administrative Council shall exercise disciplinary authority over the employees referred to in paragraphs 1 to 3.
Article 12
Duties of office
The employees of the European Patent Office shall be bound, even after the termination of their employment, neither to disclose nor to make use of information which by its nature is a professional secret.
Article 13
Disputes between the Organisation and the employees of the European Patent Office
(1) Employees and former employees of the European Patent Office or their successors in title may apply to the Administrative Tribunal of the International Labour Organisation in the case of disputes with the European Patent Organisation in accordance with the Statute of the Tribunal and within the limits and subject to the conditions laid down in the Service Regulations for permanent employees or the Pension Scheme Regulations or arising from the conditions of employment of other employees.
(2) An appeal shall only be admissible if the person concerned has exhausted such other means of appeal as are available to him under the Service Regulations, the Pension Scheme Regulations or the conditions of employment, as the case may be.
Article 14
Languages of the European Patent Office
(1) The official languages of the European Patent Office shall be English, French and German. European patent applications must be filed in one of these languages.
(2) However, natural or legal persons having their residence or principal place of business within the territory of a Contracting State having a language other than English, French or German as an official language, and nationals of that State who are resident abroad, may file European patent applications in an official language of that State. Nevertheless, a translation in one of the official languages of the European Patent Office must be filed within the time limit prescribed in the Implementing Regulations; throughout the proceedings before the European Patent Office, such translation may be brought into conformity with the original text of the application.
(3) The official language of the European Patent Office in which the European patent application is filed or, in the case referred to in paragraph 2, that of the translation, shall be used as the language of the proceedings in all proceedings before the European Patent Office concerning the application or the resulting patent, unless otherwise provided in the Implementing Regulations.
(4) The persons referred to in paragraph 2 may also file documents which have to be filed within a time limit in an official language of the Contracting State concerned. They must however file a translation in the language of the proceedings within the time limit prescribed in the Implementing Regulations; in the cases provided for in the Implementing Regulations, they may file a translation in a different official language of the European Patent Office.
(5) If any document, other than those making up the European patent application, is not filed in the language prescribed by this Convention, or if any translation required by virtue of this Convention is not filed in due time, the document shall be deemed not to have been received.
(6) European patent applications shall be published in the language of the proceedings.
(7) The specifications of European patents shall be published in the language of the proceedings; they shall include a translation of the claims in the two other official languages of the European Patent Office.
(8) There shall be published in the three official languages of the European Patent Office:
a) the European Patent Bulletin;
b) the Official Journal of the European Patent Office.
(9) Entries in the Register of European Patents shall be made in the three official languages of the European Patent Office. In cases of doubt, the entry in the language of the proceedings shall be authentic.
Article 15
The departments charged with the procedure
For implementing the procedures laid down in this Convention, there shall be set up within the European Patent Office:
a) a Receiving Section;
b) Search Divisions;
c) Examining Divisions;
d) Opposition Divisions;
e) a Legal Division;
f) Boards of Appeal;
g) an Enlarged Board of Appeal.
Article 16
Receiving Section
The Receiving Section shall be in the branch at The Hague. It shall be responsible for the examination on filing and the examination as to formal requirements of each European patent application up to the time when a request for examination has been made or the applicant has indicated under Article 96, paragraph 1, that he desires to proceed further with his application. It shall also be responsible for the publication of the European patent application and of the European search report.
Article 17
Search Divisions
The Search Divisions shall be in the branch at The Hague. They shall be responsible for drawing up European search reports.
Article 18
Examining Divisions
(1) An Examining Division shall be responsible for the examination of each European patent application from the time when the Receiving Section ceases to be responsible.
(2) An Examining Division shall consist of three technical examiners. Nevertheless, the examination prior to a final decision shall, as a general rule, be entrusted to one member of the Division. Oral proceedings shall be before the Examining Division itself. If the Examining Division considers that the nature of the decision so requires, it shall be enlarged by the addition of a legally qualified examiner. In the event of parity of votes, the vote of the Chairman of the Division shall be decisive.