2007. évi CXXX. törvény
az Európai Szabadalmi Egyezmény 2000-ben felülvizsgált szövegének kihirdetéséről1
1. § Az Országgyűlés az Európai Szabadalmi Egyezmény 2000-ben felülvizsgált és az Európai Szabadalmi Szervezet Igazgatótanácsának 2001. június 28-án kelt határozatával megállapított szövegét (a továbbiakban: Egyezmény) e törvénnyel kihirdeti.
2. § Az Egyezmény angol nyelven hiteles szövege és annak hivatalos magyar nyelvű fordítása a következő:
EUROPEAN PATENT CONVENTION 2000 (EPC 2000) AS ADOPTED BY DECISION OF THE ADMINISTRATIVE COUNCIL OF 28 JUNE 2001)~„EUROPEAN PATENT CONVENTION 2000 (EPC 2000) AS ADOPTED BY DECISION OF THE ADMINISTRATIVE COUNCIL OF 28 JUNE 2001
PART I
GENERAL AND INSTITUTIONAL PROVISIONS
Chapter I
GENERAL PROVISIONS
Article I
European law for the grant of patents
A system of law, common to the Contracting States, for the grant of patents for invention is established by this Convention.
Article 2
European patent
(1) Patents granted under 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 this Convention provides otherwise.
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) the European Patent Office;
(b) the 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.
Article 4a
Conference of ministers of the Contracting States
A conference of ministers of the Contracting States responsible for patent matters shall meet at least every five years to discuss issues pertaining to the Organisation and to the European patent system.
Chapter II
THE EUROPEAN PA TENT 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
Headquarters
(1) The Organisation shall have its headquarters in Munich.
(2) The European Patent Office shall be located in 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 intergovernmental 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 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 contract in question.
(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 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 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 governed by 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 the Federal Republic of Germany, unless the contract concluded between the parties designates a court of another State;
(b) for disputes under paragraph 2, the courts of the Federal Republic of Germany, or of the State in which the branch or sub-office is located.
Chapter III
THE EUROPEAN PATENT OFFICE
Article 10
Management
(1) The European Patent Office shall be managed 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 to ensure the functioning of the European Patent Office, including the adoption of internal - administrative instructions and information to the public;
(b) unless this Convention provides otherwise, he shall prescribe which acts are to be performed at the European Patent Office in Munich and its branch at The Hague respectively;
(c) he may submit to the Administrative Council any proposal for amending this Convention, for general regulations, or for 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 staff;
(g) subject to Article 11, he shall appoint the employees and decide on their promotion;
(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 the Administrative Council.
(2) The Vice-Presidents shall be appointed by the Administrative Council after the President of the European Patent Office 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 the Administrative Council on a proposal from the President of the European Patent Office. They may be re-appointed by 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.
(5) The Administrative Council, after consulting the President of the European Patent Office, may also appoint as members of the Enlarged Board of Appeal legally qualified members of the national courts or quasi-judicial authorities of the Contracting States, who may continue their judicial activities at the national level. They shall be appointed for a term of three years and may be re-appointed.
Article 12
Duties of office
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 Organization 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.
Article 14
Languages of the European Patent Office, European patent applications and other documents
(1) The official languages of the European Patent Office shall be English, French and German.
(2) A European patent application shall be filed in one of the official languages or, if filed in any other language, translated into one of the official languages in accordance with the Implementing Regulations. Throughout the proceedings before the European Patent Office, such translation may be brought into conformity with the application as filed. If a required translation is not filed in due time, the application shall be deemed to be withdrawn.
(3) The official language of the European Patent Office in which the European patent application is filed or into which it is translated shall be used as the language of the proceedings in all proceedings before the European Patent Office, unless the Implementing Regulations provide otherwise.
(4) Natural or legal persons having their residence or principal place of business within 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 documents which have to be filed within a time limit in an official language of that State. They shall, however, file a translation in an official language of the European Patent Office in accordance with the Implementing Regulations. If any document, other than those documents making up the European patent application, is not filed in the prescribed language, or if any required translation is not filed in due time, the document shall be deemed not to have been filed.
(5) European patent applications shall be published in the language of the proceedings.
(6) Specifications of European patents, shall be published in the language of the proceedings and shall include a translation of the claims in the other two official languages of the European Patent Office.
(7) The following 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.
(8) Entries in the European Patent Register 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
Departments entrusted with the procedure
To carry out the procedures laid down in this Convention, the following 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 responsible for the examination on filing and the examination as to formal requirements of European patent applications.
Article 17
Search Divisions
The Search Divisions shall be responsible for drawing up European search reports.
Article 18
Examining Divisions
(1) The Examining Divisions shall be responsible for the examination of European patent applications.
(2) An Examining Division shall consist of three technically qualified examiners. However, before a decision is taken on a European patent application, its examination shall, as a general rule, be entrusted to one member of the Examining 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 Examining Division shall be decisive.
Article 19
Opposition Divisions
(1) The Opposition Divisions shall be responsible for the examination of oppositions against any European patent.
(2) An Opposition Division shall consist of three technically qualified examiners, at least two of whom shall not have taken part in the proceedings for grant of the patent to which the opposition relates. An examiner who has taken part in the proceedings for the grant of the European patent may not be the Chairman. Before a decision is taken on the opposition, the Opposition Division may entrust the examination of the opposition to one of its members. Oral proceedings shall be before the Opposition Division itself. If the Opposition Division considers that the nature of the decision so requires, it shall be enlarged by the addition of a legally qualified examiner who shall not have taken part in the proceedings for grant of the patent. In the event of parity of votes, the vote of the Chairman of the Opposition Division shall be decisive.
Article 20
Legal Division
(1) The Legal Division shall be responsible for decisions in respect of entries in the Register of European Patents and in respect of registration on, and deletion from, the list of professional representatives.
(2) Decisions of the Legal Division shall be taken by one legally qualified member.
Article 21
Boards of Appeal
(1) The Boards of Appeal shall be responsible for the examination of appeals from decisions of the Receiving Section, the Examining Divisions and Opposition Divisions, and the Legal Division.
(2) For appeals from decisions of the Receiving Section or the Legal Division, a Board of Appeal shall consist of three legally qualified members.
(3) For appeals from a decision of an Examining Division, a Board of Appeal shall consist of: