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Article 14 Languages

A patent application can be filed with the European Patent Office in any language. If an application is not filed in English, French or German, a translation must be filed within two months of receipt of the application. If the translation is not filed within the time limit, the European Patent Office shall invite the applicant to file the translation within a further time limit of two months.

zum Art. 14 des EPÜ »

Article 52 Patentability

An invention is in principle patentable if it is technical, new and inventive. Exceptions to patentability are: Discoveries, scientific theories, mathematical models, aesthetic creations, plans, rules and procedures for mental activities, for games or for business activities and programs for computers.

zum Art. 52 des EPÜ »

Article 53 Exceptions to patentability

If the invention is contrary to public policy or morality, a patent cannot be granted. In addition, plant varieties and animal breeds cannot be protected by a patent. Procedures for the surgical or therapeutic treatment of the human or animal body are also excluded from patentability. Nobody should be excluded from surgical or therapeutic treatment on the basis of patent law.

zum Art. 53 des EPÜ »

Article 54 Novelty

An invention is new if the invention is not known to the public.

zum Art. 54 des EPÜ »

Article 55 Non-harmful disclosures

A publication of the invention is not considered as prior art if: it is due to an obvious abuse to the detriment of the applicant or if the disclosure was made at an official or officially recognised exhibition within the meaning of the Convention on International Exhibitions signed in Paris on 22 November 1928 and last revised on 30 November 1972.

zum Art. 55 des EPÜ »

Article 56 Inventive step

An invention is based on an inventive step if it is not obvious to the skilled person.

zum Art. 56 des EPÜ »

Article 58 Right to apply for European patents

An applicant for a patent application may be any natural or legal person and any company.

zum Art. 58 des EPÜ »

Article 61 European patent applications by non-authorised persons

Once it has been finally decided that the right to the European patent is to be granted to a person who is not the applicant, that person may proceed with the European patent application as a separate application instead of the applicant, file a new European patent application for the same invention or request that the European patent application be rejected. 

zum Art. 61 des EPÜ »

Article 62 Right to be named as inventor

The inventor has the right to be named as such in the patent application. This right exists vis-à-vis the applicant for or proprietor of the European patent. 

zum Art. 62 des EPÜ »

Article 64 Rights conferred by a European patent

The rights conferred by the European patent shall accrue from the date of publication of the reference to its grant in the European Patent Bulletin in each Contracting State for which it is granted. The rights of a European patent are equivalent to those of a national patent. An infringement of the European patent can be prosecuted under national law.  

zum Art. 64 des EPÜ »

Article 82 Uniformity of invention

Uniformity exists if the patent application contains only one invention or a group of inventions which realise a single general inventive idea.  

zum Art. 82 des EPÜ »

Article 94 Examination of the European patent application

The European Patent Office examines whether the European patent application meets the requirements of the EPC. If the application does not meet the requirements of this Convention, the Examining Division invites the applicant to file an opinion and amend the application. If the applicant fails to reply in time, the application shall be deemed withdrawn.  

zum Art. 94 des EPÜ »

Article 97 Granting or refusal

If the Examining Division considers that the European patent application meets the requirements of the EPC, it decides to grant the European patent. If the Examining Division considers that the European patent application does not meet the requirements of the EPC, it rejects the application. The decision to grant the European patent takes effect on the date on which the reference to grant is published in the European Patent Bulletin.  

zum Art. 97 des EPÜ »

Article 99 Opposition

Within nine months of the publication of the reference to the grant of the European patent in the European Patent Bulletin, any person may object to that patent. The opposition is deemed to have been filed only after payment of the opposition fee. The proprietor of the patent and the opponents are involved in the opposition procedure.

zum Art. 99 des EPÜ »

Article 100 Grounds for opposition

The opposition may be based on the fact that the subject-matter of the application is not new, not inventive or not industrially applicable. A further ground for opposition is that the invention is not disclosed so clearly and completely that a person skilled in the art can execute it. An application may also be revoked in opposition proceedings on the ground that the subject-matter of the application has been inadmissibly extended.

zum Art. 100 des EPÜ »

Article 105 Accession of the alleged infringer

Any third party who has been sued for infringement of this patent or who has brought an action for a declaration that he is not infringing the patent may, after the expiry of the opposition period, intervene in the opposition proceedings.

zum Art. 105 des EPÜ »

Article 105a Application for limitation or withdrawal

The patentee may revoke his European patent upon request or limit it by amending the patent claims. The request is deemed to have been filed as soon as the limitation or revocation fee has been paid.

zum Art. 105a des EPÜ »

Article 106 Decisions subject to appeal

Decisions of the Receiving Section, Examining Divisions, Opposition Divisions and Legal Division are subject to appeal. The appeal has suspensive effect.

zum Art. 106 des EPÜ »

Article 108 Time limit and form

The appeal must be lodged within two months of notification of the decision. The appeal fee shall be paid within two months. Reasons shall be given for the appeal within four months of notification of the decision.

zum Art. 108 des EPÜ »

Article 109 Remedies

If the institution whose decision is contested considers that the appeal is admissible and well founded, it shall rectify the decision. If the appeal is not rectified within three months of receipt of the statement of grounds, it shall be referred to the Board of Appeal.

zum Art. 109 des EPÜ »

Article 122 Restitutio in integrum

The applicant or patent proprietor who, despite due care, is unable to observe a time limit shall, upon request, be reinstated if the failure to do so results in the rejection of the European patent application or a request, the withdrawal of the application, the revocation of the European patent or the loss of any other right or remedy.

zum Art. 122 des EPÜ »

Article 133 General principles of representation

Natural or legal persons who are neither domiciled nor domiciled in a Contracting State to the EPC must be represented in any proceedings by a professional representative. Exception: the filing of a European patent application.

zum Art. 133 des EPÜ »