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European Patent Organisation

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The European Patent Organisation (EPO or EPOrg in order to distinguish it from the European Patent Office, which is the main organ of the organisation) is an international organisation set up by the European Patent Convention.

The European Patent Organisation has the task of granting European patents. Despite what the name suggests, these are not European Community patents or even Europe-wide patents. The European Patent Convention, according to which the European Patent Organisation was established, provides a single patent grant procedure, but not yet a single patent on the point of view of enforcement. After grant, the European patent becomes equivalent to a number ("bundle") of national patents.

The European Patent Organisation is not legally bound to the European Union.

Table of contents

History

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Seat

The European Patent Organisation has its seat at Munich, Germany.

Organs

The European Patent Organisation has two organs: the European Patent Office, which can be viewed as its executive body, and the Administrative Council, which can be considered as its legislative body to a limited extent, the actual legislative body for important matters being the Contracting States.

European Patent Office

The European Patent Office (EPO or EPOff in order to distinguish it from the European Patent Organisation) can be viewed as the executive body of the European Patent Organisation.

The EPOff headquarters are located at Munich, Germany, with a branch in Rijswijk (suburb of The Hague, Netherlands) and sub-offices in Berlin, Germany, and Vienna, Austria.

Presidency

The European Patent Office is directed by a president. Here is the list of former, current and future presidents of the European Patent Office:

Languages

The official languages of the European Patent Office are English, French and German.

Departments

The EPOff includes a Receiving Section, responsible for the examination on filing and the examination as to formal requirements of European patent applications, search Divisions, responsible for drawing up European search reports, Examining Divisions, responsible for the examination of European patent applications, Opposition Divisions, responsible for the examination of oppositions against any European patent, a Legal Division, Boards of Appeal, responsible for the examination of appeals and an Enlarged Board of Appeal.

The EPOff does not include any court which can take decisions on infringement matter. National jurisdictions are competent for infringement matter regarding European patents.

The European Patent Office and the Patent Cooperation Treaty

The European Patent Office acts mainly as a receiving Office, an International Searching Authority, an International Preliminary Examining Authority and an elected Office in the international procedure according to the Patent Cooperation Treaty (PCT). The Patent Cooperation Treaty provides an international procedure for dealing with patent applications (but does not grant international patents - which do not exist).

Administrative Council

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Member states and extension states

There are (as of April 1, 2004) 28 member states: Austria, Belgium, Bulgaria, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Liechtenstein, Luxemburg, Monaco, Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden, Switzerland, Turkey and the United Kingdom (see European Patent Convention article for the dates of entry in force in each country).

In addition there are five so-called "extension states" which recognise European Patents but are not member of the EPO. These are Albania, Latvia, Lithuania, Macedonia and Croatia.

Further countries are expected to join the EPO in due course (probably Iceland, Lithuania, Latvia and Malta soon).

See also

External links


European Patent Organisation

Founding text : European Patent Convention

Procedural steps : Search | Examination | Opposition | Appeal

Other topics : Software patents under the European Patent Convention

Member States : Austria | Belgium | Bulgaria | Cyprus | Czech Republic | Denmark | Estonia | Finland | France | Germany | Greece | Hungary | Ireland | Italy | Liechtenstein | Luxemburg | Monaco | Netherlands | Poland | Portugal | Romania | Slovakia | Slovenia | Spain | Sweden | Switzerland | Turkey | United Kingdom


de:Europäisches_Patentamt fr:Office européen des brevets nl:Europees Octrooibureau


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This page was last modified 05:59, 22 Sep 2004.
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