Patents

European Patents

Jane Lambert

29 Feb 2004

A European patent is a patent granted by the European Patent Office ("EPO") under the provisions of the European Patent Convention ("EPC") (see art 2 (1) EPC). By art 2 (2) each of the parties to the EPC has agreed that a European patent designating that party will have the effect of, and be subject to the same conditions as, a national patent except where the convention provides otherwise. This is implemented in the UK by s.77 (1) of the Patents Act 1977, which provides that a European patent designating the UK ("European patent UK") is to be treated for all practical purposes as though it were a patent granted under that Act.

European Patent Convention

HM government ("HMG") is one of a number of European governments that are party to the EPC. The Convention establishes the EPO, as part of a European Patent Organization, with the task of granting European patents. Neither the European Patent Organization nor the EPO is an EC institution and the EPC is not Community law though all EC member states are party to it. The EC Commission has proposed a Community patent which will subsist within the EPC framework.

European Patent Organization

The European Patent Organization consists of the EPO and the Administrative Council. The task of the EPO is to grant European patents. That of the Administrative Council is to implement the EPC by making secondary legislation and entering agreements with third parties. The Administrative Council consists of representatives and alternates of each of the contracting states. The Administrative Council is in a sense the legislature of the European Patent Organization while the EPO is the executive.

European Patent Office

The EPO is established at Munich with a branch at the Hague and sub-offices in Berlin and Vienna. It is directed by a president ("the President") who reports on its activities to the Administrative Council. The EPO consists of the following sections and divisions:

	Receiving Section: this is responsible for the examination on filing and the examination as to formal requirements of European patent applications; Search Divisions: these are responsible for drawing up European search reports;
	Examining Divisions: these are responsible for the examination of European patent applications;
	Opposition Division: this is responsible for the examination of oppositions against European patents;
	Legal Division: this is responsible for decisions in respect of entries in a register of European patents ("the register") and a list of professional representatives who practise before the EPO;
	Boards of Appeal: these consider appeals from the decisions of the Receiving Section and the Examining, Opposition and Legal Division; and
	Enlarged Board of Appeal: this decides points of law referred to it by Boards of Appeal and gives opinions on points of law referred to it by the President of the EPO.

An organization chart appears on the EPO website.
Implementing Regulations

Art 164 (1) EPC incorporates certain implementing regulations and various protocols into the Convention. These amplify the several articles of the EPC,

Languages

Art 14 (1) of the EPC provides for English, French and German to be the official languages of the EPO and patent applications have to be filed in one of those languages. Applications may be filed in other languages provided they are translated into one of the official languages.

 

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