Apple Inc. v. Samsung Electronics Co. Ltd. et al

Filing 900

NOTICE by Apple Inc.(a California corporation) Translations of Foreign Authority (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23, #24 Exhibit 24, #25 Exhibit 25, #26 Exhibit 26, #27 Exhibit 27, #28 Exhibit 28, #29 Exhibit 29, #30 Exhibit 30, #31 Exhibit 31, #32 Exhibit 32, #33 Exhibit 33, #34 Exhibit 34, #35 Exhibit 35, #36 Exhibit 36, #37 Exhibit 37, #38 Exhibit 38, #39 Exhibit 39, #40 Exhibit 40, #41 Exhibit 41, #42 Exhibit 42, #43 Exhibit 43, #44 Exhibit 44, #45 Exhibit 45, #46 Exhibit 46, #47 Exhibit 47, #48 Exhibit 48, #49 Exhibit 49, #50 Exhibit 50, #51 Exhibit 51, #52 Exhibit 52, #53 Exhibit 53, #54 Exhibit 54, #55 Exhibit 55, #56 Exhibit 56, #57 Exhibit 57, #58 Exhibit 58, #59 Exhibit 59, #60 Exhibit 60, #61 Exhibit 61, #62 Exhibit 62, #63 Exhibit 63)(Selwyn, Mark) (Filed on 5/7/2012)

Exhibit 62

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Avis juridique important

41989A0695(01)
89/695/EEC: Agreement relating to Community patents - Done at Luxembourg on 15
December 1989

Official Journal L 401 , 30/12/1989 P. 0001 - 0027

COUNCIL
AGREEMENT RELATING TO COMMUNITY PATENTS
Done at Luxembourg on 15 December 1989
(89/695/EEC)
PREAMBLE
THE HIGH CONTRACTING PARTIES to the Treaty establishing the European Economic
Community,
DESIRING to give unitary and autonomous effect to European patents granted in respect of their
territories under the Convention on the Grant of European Patents of 5 October 1973;
ANXIOUS to establish a Community patent system which contributes to the attainment of the
objectives of the Treaty establishing the European Economic Community and in particular to the
elimination within the Community of the distortion of competition which may result from the
territorial aspect of national protection rights;
CONSIDERING that one of the fundamental objectives of the Treaty establishing the European
Economic Community is the abolition of obstacles to the free movement of goods;
CONSIDERING that one of the most suitable means of ensuring that this objective will be
achieved, as regards the free movement of goods protected by patents, is the creation of a
Community patent system;
CONSIDERING that the creation of such a Community patent system is therefore inseparable
from the attainment of the objectives of the Treaty and thus linked with the Community legal
order;
CONSIDERING that it is necessary for these purposes for the High Contracting Parties to conclude
an Agreement which constitutes a special agreement within the meaning of Article 142 of the
Convention on the Grant of European Patents, a regional patent treaty within the meaning of
Article 45 (1) of the Patent Cooperation Treaty of 19 June 1970, and 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;
CONSIDERING that the achievement of a common market which offers conditions similar to those
of a national market necessitates the creation of legal instruments which enable enterprises to
adapt their production and distribution activities to European scales;
CONSIDERING that the problem of dealing effectively with actions relating to Community patents
and the problems arising from the separation of jurisdiction created by the Community Patent
Convention as signed at Luxembourg on 15 December 1975 in respect of infringement and
validity of Community patents will best be solved by giving jurisdiction in actions for infringement
of a Community patent to national courts of first instance designated as Community patent courts
which can at the same time consider the validity of the patent in suit and, where necessary,
amend or revoke it; and that an appeal to national courts of second instance designated as
Community patent courts should lie from judgments of these courts;
CONSIDERING, however, that uniform application of the law on infringement and validity of

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Community patents requires the setting up of a Community patent appeal court common to the
Contracting States (Common Appeal Court) to hear on appeal referrals on questions of
infringement and validity from the Community patent courts of second instance;
CONSIDERING that the same requirement of uniform application of the law leads to conferral
upon the Common Appeal Court of jurisdiction to decide on appeals from the Revocation Divisions
and the Patent Administration Division of the European Patent Office, thus replacing the
Revocation Boards provided for in the Community Patent Convention as signed on 15 December
1975;
CONSIDERING that it is essential that the application of this Agreement must not operate against
the application of the provisions of the Treaty establishing the European Economic Community
and that the Court of Justice of the European Communities must be able to ensure the uniformity
of the Community legal order;
ANXIOUS to promote the completion of the internal market and the establishment of a European
technological community by means of the Community patent;
CONVINCED therefore that the conclusion of this Agreement is necessary to facilitate the
achievement of the tasks of the European Economic Community,
HAVE AGREED AS FOLLOWS:
Article 1
Contents of the Agreement
1. The Convention for the European Patent for the common market signed at Luxembourg on 15
December 1975, hereinafter referred to as 'the Community Patent Convention', as amended by
this Agreement, shall be annexed hereto.
2. The Community Patent Convention shall be supplemented by the following Protocols annexed
to this Agreement:
- Protocol on the Settlement of Litigation concerning the Infringement and Validity of Community
Patents, hereinafter referred to as 'the Protocol on Litigation',
- Protocol on Privileges and Immunities of the Common Appeal Court,
- Protocol on the Statute of the Common Appeal Court.
3. The Annexes to this Agreement shall form an integral part thereof.
4. On entry into force of this Agreement, it shall replace the Community Patent Convention in the
form signed at Luxembourg on 15 December 1975.
Article 2
Relationship with the Community legal order
1. N° provision of this Agreement may be invoked against the application of the Treaty
establishing the European Economic Community.
2. In order to ensure the uniformity of the Community legal order, the Common Appeal Court
established by the Protocol on Litigation shall request the Court of Justice of the European
Communities to give a preliminary ruling in accordance with Article 177 of the Treaty establishing
the European Economic Community whenever there is a risk of an interpretation of this
Agreement being inconsistent with that Treaty.
3. Where a Member State or the Commission of the European Communities considers that a
decision of the Common Appeal Court which closes the procedure before it does not comply with
the principle stated in the foregoing paragraphs, it may request the Court of Justice of the
European Communities to give a ruling. The ruling given by the Court of Justice in response to
such request shall not affect the decision by the Common Appeal Court which gave rise to the
request. The Registrar of the Court of Justice shall give notice of the request to the Member
States, to the Council and, if the request is made by a Member State, the Commission of the
European Communities; they shall then be entitled within two months of the notification to submit
statements of case or written observations to the Court. N° fees shall be levied or any costs or
expenses awarded in respect of the proceedings provided for in this paragraph.
Article 3

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Interpretation of provisions on jurisdiction
1. The Court of Justice of the European Communities shall have jurisdiction to give preliminary
rulings concerning the interpretation of the provisions on jurisdiction applicable to actions relating
to Community patents brought before national courts, contained in Part VI, Chapter I, of the
Community Patent Convention and in the Protocol on Litigation.
2. The following courts shall have the power to request the Court of Justice to give a preliminary
ruling on any question of interpretation as defined in paragraph 1:
(a) - in Belgium: la Cour de cassation (het Hof van Cassatie) and le Conseil d'État (de Raad van
State),
- in Denmark: Hoejesteret,
- in the Federal Republic of Germany: die obersten Gerichtshoefe des Bundes,
- in Greece: ôá áíþôáôá AEéêáóôÞñéá,
- in Spain: el Tribunal supremo,
- in France: la Cour de cassation and le Conseil d'État,
- in Ireland: an Chúirt Uachtarach (the Supreme Court),
- in Italy: la Corte suprema di cassazione,
- in Luxembourg: la Cour supérieure de justice when sitting as Cour de cassation,
- in the Netherlands: de Hoge Raad,
- in Portugal: o Supremo Tribunal de Justiça,
- in the United Kingdom: the House of Lords;
(b) the courts of the Contracting States when ruling on appeals.
3. Where such a question is raised in a case before one of the courts listed in paragraph 2 (a),
that court must, if it considers that a decision on the question is necessary to enable it to give a
judgment, request the Court of Justice to give a ruling thereon.
4. Where such a question is raised before one of the courts referred to in paragraph 2 (b), that
court may, under the conditions laid down in paragraph 1, request the Court of Justice to give a
ruling thereon.
Article 4
Rules of Procedure of the Court of Justice
1. The Protocol on the Statute of the Court of Justice of the European Economic Community and
the Rules of Procedure of the Court of Justice shall apply to any proceedings referred to in Articles
2 and 3.
2. The Rules of Procedure shall be adapted and supplemented, as necessary, in conformity with
Article 188 of the Treaty establishing the European Economic Community.
Article 5
Jurisdiction of the Common Appeal Court
Subject to Articles 2 and 3, the Common Appeal Court shall ensure uniform interpretation and
application of this
Agreement and of the provisions enacted in implementation thereof, to the extent to which these
are not national provisions.
Article 6
Signing - Ratification
1. This Agreement shall be open until 21 December 1989 for signing by the States parties to the
Treaty establishing the European Economic Community.
2. This Agreement shall be subject to ratification by the 12 signatory States. Instruments of
ratification shall be deposited with the Secretary-General of the Council of the European
Communities.
Article 7

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Accession
1. This Agreement shall be open to accession by States becoming Member States of the European
Economic Community.
2. Instruments of accession to this Agreement shall be deposited with the Secretary-General of
the Council of the European Communities. Accession shall take effect on the first day of the third
month following the deposit of the instrument of accession, provided that the ratification by the
State concerned of the Convention on the Grant of European Patents, hereinafter referred to as
'the European Patent Convention', or its accession thereto has become effective.
3. The signatory States hereby recognize that any State which becomes a member of the
European Economic Community must accede to this Agreement.
4. A special agreement may be concluded between the Contracting States and the acceding State
to determine the details of application of this Agreement necessitated by the accession of that
State.
Article 8
Participation of third States
The Council of the European Communities may, acting by a unanimous decision, invite a State
party to the European Patent Convention which forms a customs union or a free trade area with
the European Economic Community to enter into negotiations with a view to enabling that third
State to participate in this Agreement on the basis of a special agreement, to be concluded
between the Contracting States to this Agreement and the third State concerned, determining the
conditions and details for applying this Agreement to that State.
Article 9
Application to the sea and submarine areas
This Agreement shall apply to the sea and submarine areas adjacent to a territory to which the
Agreement applies in which one of the Contracting States exercises sovereign rights or jurisdiction
in accordance with international law.
Article 10
Entry into force
To enter into force this Agreement must be ratified by the 12 signatory States. It shall enter into
force on the first day of the third month following the deposit of the instrument of ratification by
the last such State to take this step. However, if the European Patent Convention enters into
force on a subsequent date in respect of any signatory State to this Agreement, the latter shall
enter into force on the latest subsequent date.
Article 11
Observers
As long as this Agreement has not entered into force in respect of a Member State of the
European Economic Community which is not a signatory to this Agreement, that State may take
part as an observer in the Select Committee of the Administrative Council of the European Patent
Organization, hereinafter referred to as 'the Select Committee' and in the Administrative
Committee of the Common Appeal Court, hereinafter referred to as 'the Administrative
Committee', and may appoint a representative and an alternate representative to each of these
bodies for this purpose.
Article 12
Duration of the Agreement
This Agreement is concluded for an unlimited period.
Article 13
Revision
If a majority of the Member States of the European Economic Community requests the revision of
this Agreement, a revision conference shall be convened by the President of the Council of the
European Communities. The conference shall be prepared by the Select Committee or by the
Administrative Committee, each acting within the limits of its own competence.

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Article 14
Disputes between Contracting States
1. Any dispute between Contracting States concerning the interpretation or application of this
Agreement which is
not settled by negotiation shall be submitted, at the request of one of the States concerned, to
the Select Committee or to the Administrative Committee as the case may be. The body to which
the dispute is submitted shall endeavour to bring about agreement between the States
concerned.
2. If agreement is not reached within six months from the date when the Select Committee or the
Administrative Committee was seised of the dispute, any one of the States concerned may submit
the dispute to the Court of Justice of the European Communities.
3. If the Court of Justice finds that a Contracting State has failed to fulfil an obligation under this
Agreement, that State shall be required to take the necessary measures to comply with the
judgment of the Court of Justice.
Article 15
Definition
For the purposes of this Agreement 'Contracting State' means a State for which the Agreement is
in force.
Article 16
Original of the Agreement
This Agreement, drawn up in a single original in the Danish, Dutch, English, French, German,
Greek, Irish, Italian, Portuguese and Spanish languages, all 10 texts being equally authentic, shall
be deposited in the archives of the General Secretariat of the Council of the European
Communities. The Secretary-General shall transmit a certified copy to the Government of each
Member State of the European Economic Community.
Article 17
Notification
The Secretary-General of the Council of the European Communities shall notify the Member States
of the European Community of:
(a) the deposit of each instrument of ratification and accession;
(b) the date of entry into force of this Agreement;
(c) any reservation or withdrawal of reservation pursuant to Article 83 of the Community Patent
Convention;
(d) any notification received pursuant to Article 1 (2) and (3) of the Protocol on Litigation.
En fe de lo cual los plenipotenciarios abajo firmantes han suscrito el presente Acuerdo.
Til bekraeftelse heraf har undertegnede befuldmaegtigede underskrevet denne aftale.
Zu Urkund dessen haben die unterzeichneten Bevollmaechtigten ihre Unterschrift unter diese
Vereinbarung gesetzt.
Óaa ðssóôùóç ôùí áíùôÝñù ïé õðïãñUEoeïíôaaò ðëçñaaîïýóéïé Ýèaaóáí ôç õðïãñáoeÞ ôïõò êUEôù
áðue ôçí ðáñïýóá óõìoeùíssá.
In witness whereof, the undersigned Plenipotentiaries have affixed their signatures below this
Agreement.
En foi de quoi, les plénipotentiaires soussignés ont apposé leurs signatures au bas du présent
accord.
Dá fhianú sin, chuir na Lánchumhachtaigh thíos-sínithe a lámh leis an gComhaontú seo.
In fede di che, i plenipotenziari sottoscritti hanno apposto le foro firme in calce al presente
accordo.
Ten blijke waarvan de ondergetekende gevolmachtigden hun handtekening onder dit Akkoord
hebben gesteld.

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Em fé do que, os plenipotenciários abaixo-assinados apuseram as suas assinaturas no final do
presente Acordo.
Hecho en Luxemburgo, el quince de diciembre de mil novecientos ochenta y nueve.
Udfaerdiget i Luxembourg, den femtende december nitten hundrede og niogfirs.
Geschehen zu Luxemburg am fuenfzehnten Dezember neunzehnhundertneunundachtzig.
ssAAãéíaa óôï Ëïõîaaìâïýñãï, óôéò aeÝêá ðÝíôaa AEaaêaaìâñssïõ ÷ssëéá aaííéáêueóéá ïãaeueíôá
aaííÝá.
Done at Luxembourg on the fifteenth day of December in the year one thousand nine hundred
and eighty-nine.
Fait à Luxembourg, le quinze décembre mil neuf cent quatre-vingt-neuf.
Arna dhéanamh i Lucsamburg, an cúigiú lá déag de mhí na Nollag míle naoi gcéad ochtó a naoi.
Fatto a Lussemburgo, addì quindici dicembre millenovecentottantanove.
Gedaan te Luxemburg, de vijftiende december negentienhonderd negenentachtig.
Feito no Luxemburgo, em quinze de Dezembro de mil novecentos e oitenta e nove.
Pour Sa Majesté le roi des Belges
Voor Zijne Majesteit de Koning der Belgen
For Hendes Majestaet Danmarks Dronning
Fuer den Praesidenten der Bundesrepublik Deutschland
Ãéá ôïí Ðñueaaaeñï ôçò AAëëçíéêÞò AEçìïêñáôssáò
Por Su Majestad el Rey de España
Pour le président de la République française
For the President of Ireland
Uachtarán na hÉireann
Per il Presidente della Repubblica italiana
Pour Son Altesse Royale le grand-duc de Luxembourg
Voor Hare Majesteit de Koningin der Nederlanden
Pelo Presidente da República Portuguesa
For Her Majesty the Queen of the United Kingdom of Great Britain and Northern Ireland
CONVENTION FOR THE EUROPEAN PATENT FOR THE COMMON MARKET (Community Patent
Convention) and IMPLEMENTING REGULATIONS
CONVENTION FOR THE EUROPEAN PATENT FOR THE COMMON MARKET (Community Patent
Convention)
PART I
GENERAL AND INSTITUTIONAL PROVISIONS
CHAPTER I
GENERAL PROVISIONS
Article 1
Common system of law for patents
1. A system of law, common to the Contracting States, concerning patents for invention is hereby
established.
2. The common system of law shall govern the European patents granted for the Contracting
States in accordance with the Convention on the Grant of European Patents, hereinafter referred
to as 'the European Patent Convention', and the European patent applications in which such
States are designated.
Article 2
Community patent

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1. European patents granted for the Contracting States shall be called Community patents.
2. Community patents shall have a unitary character. They shall have equal effect throughout the
territories to which this Convention applies and may only be granted, transferred, revoked or
allowed to lapse in respect of the whole of such territories. The same shall apply mutatis
mutandis to applications for European patents in which the Contracting States are designated.
3. Community patents shall have an autonomous character. They shall be subject only to the
provisions of this Convention and those provisions of the European Patent Convention which are
binding upon every European patent and which shall consequently be deemed to be provisions of
this Convention.
Article 3
Joint designation
Designation of the States parties to this Convention in accordance with Article 79 of the European
Patent Convention shall be effected jointly. Designation of one or some only of these States shall
be deemed to be designation of all of these States.
Article 4
Setting up of special departments
The following bodies common to the Contracting States shall implement the procedures laid down
in this Convention:
(a) special departments which are set up within the European Patent Office and whose work shall
be supervised by a Select Committee of the Administrative Council of the European Patent
Organization;
(b) the Common Appeal Court established by the Protocol on the Settlement of Litigation
concerning the Infringement and Validity of Community Patents, hereinafter referred to as 'the
Protocol on Litigation'.
Article 5
National patents
This Convention shall be without prejudice to the right of the Contracting States to grant national
patents.
CHAPTER II
SPECIAL DEPARTMENTS OF THE EUROPEAN PATENT
OFFICE
Article 6
The special departments
The special departments shall be as follows:
(a) a Patent Administration Division;
(b) one or more Revocation Divisions.
Article 7
Patent Administration Division
1. The Patent Administration Division shall be responsible for all acts of the European Patent
Office relating to Community patents, in so far as these acts are not the responsibility of other
departments of the Office. It shall in
particular be responsible for decisions in respects of entries in the Register of Community Patents.
2. Decisions of the Patent Administration Division shall be taken by one legally qualified member.
3. The members of the Patent Administration Division may not be members of the Boards of
Appeal or the Enlarged Board of Appeal set up under the European Patent Convention.
Article 8
Revocation Divisions
1. The Revocation Divisions shall be responsible for the examination of requests for the limitation

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of and applications for the revocation of Community patents, and for determining compensation
under Article 43 (5).
2. A Revocation Division shall consist of one legally qualified member who shall be the Chairman,
and two technically qualified members. Prior to the taking of a final decision on the request or
application, the Revocation Division may entrust the examination of the request or application to
one of its members. Oral proceedings shall be before the Revocation Division itself.
Article 9
Exclusion and objection
1. Members of the Revocation Divisions may not take part in any proceedings if they have any
personal interest therein, if they have previously been involved as representatives of one of the
parties, or if they have participated in the final decision on the case in the proceedings for grant
or opposition proceedings.
2. If, for one of the reasons mentioned in paragraph 1 or for any other reason, a member of a
Revocation Division considers that he should not take part in any proceedings, he shall inform the
division accordingly.
3. Members of a Revocation Division may be objected to by any party for one of the reasons
mentioned in paragraph 1, or if suspected of partiality. An objection shall not be admissible if,
while being aware of a reason for objection, the party has taken a procedural step. N° objection
may be based upon the nationality of members.
4. The Revocation Divisions shall decide as to the action to be taken in the cases specified in
paragraphs 2 and 3 without the participation of the member concerned. For the purpose of taking
this decision the member objected to shall be replaced by his alternate.
Article 10
Languages for proceedings and publications
1. The official languages of the European Patent Office shall also be the official languages of the
special departments.
2. Throughout the proceedings before the special departments, a translation filed in accordance
with Article 14 (2), second sentence, of the European Patent Convention may be brought into
conformity with the original text of the European patent application.
3. The official language of the European Patent Office in which the Community patent is granted
shall be used as the language of the proceedings in all proceedings before the special
departments concerning the Community patent, unless otherwise provided in the Implementing
Regulations.
4. 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 one of the official languages of
the European Patent Office 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 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 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. New specifications of Community patents published following limitation or revocation
proceedings shall be published in the language of the proceedings; they shall include a translation
of the amended claims in one of the official languages of each of the Contracting States which do
not have as an official language the language of the proceedings.
7. The Community Patent Bulletin shall be published in the three official languages of the
European Patent Office.
8. Entries in the Register of Community 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

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be authentic.
9. N° State party to this Convention may avail itself of the authorizations given in Articles 65, 67
(3) and 70 (3) of the European Patent Convention.
CHAPTER III
THE SELECT COMMITTEE OF THE ADMINISTRATIVE
COUNCIL
Article 11
Membership
1. The Select Committee of the Administrative Council shall be composed of the Representatives
of the Contracting States, the Representative of the Commission of the
European Communities and their alternate Representatives. Each Contracting State and the
Commission shall be entitled to appoint one Representative and one alternate Representative to
the Select Committee. The same members shall represent the Contracting States on the
Administrative Council and on the Select Committee.
2. The members of the Select Committee may, subject to the provisions of its Rules of Procedure,
be assisted by advisers or experts.
Article 12
Chairmanship
1. The Select Committee of the Administrative Council shall elect a Chairman and a Deputy
Chairman from among the Representatives and alternate Representatives of the Contracting
States. The Deputy Chairman shall ex officio replace the Chairman in the event of his being
prevented from attending to his duties.2. The duration of the terms of office of the Chairman and
the Deputy Chairman shall be three years. The terms of office shall be renewable.
Article 13
Board
1. The Select Committee of the Administrative Council may set up a Board composed of five of its
members.
2. The chairman and the deputy chairman of the Select Committee shall be members of the board
ex officio; the other three members shall be elected by the Select Committee.
3. The term of office of the members elected by the Select Committee shall be three years. This
term of office shall be three years. This term of office shall not be renewable.
4. The board shall perform the duties given to it by the Select Committee in accordance with the
Rules of Procedure.
Article 14
Meetings
1. Meetings of the Select Committee of the Administrative Council shall be convened by its
chairman.
2. The President of the European Patent Office shall take part in the deliberations of the Select
Committee.
3. The Select Committee shall hold an ordinary meeting once each year. In addition, it shall meet
on the initiative of its chairman or at the request of one-third of the Contracting States.
4. The deliberations of the Select Committee shall be based on an agenda, and shall be held in
accordance with its Rules of Procedure.
5. The provisional agenda shall contain any question whose inclusion is requested by any
Contracting State in accordance with the Rules of Procedure.
Article 15
Languages of the Select Committee
1. The languages in use in the deliberations of the Select Committee of the Administrative Council
shall be English, French and German.

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2. Documents submitted to the Select Committee, and the minutes of its deliberations, shall be
drawn up in the three languages mentioned in paragraph 1.
Article 16
Competence of the Select Committee in certain cases
1. The Select Committee of the Administrative Council shall be competent to amend the following
provisions of this Convention:
(a) the time limits laid down in the Convention which are to be observed vis-à-vis the European
Patent Office;
(b) the Implementing Regulations.
2. The Select Committee shall be competent, in conformity with this Convention, to adopt or
amend the following provisions:
(a) the Financial Regulations;
(b) the Rules relating to Fees;
(c) its Rules of Procedure.
Article 17
Voting rights
1. The right to vote in the Select Committee of the Administrative Council shall be restricted to
the Contracting States.
2. Each Contracting State shall have one vote, subject to the application of the provisions of
Article 19.
Article 18
Voting rules
1. The Select Committee of the Administrative Council shall take its decisions other than those
referred to in paragraph 2 by a simple majority of the Contracting States represented and voting.
2. A majority of three-quarters of the votes of the Contracting States represented and voting shall
be required for the decisions which the Select Committee is empowered to take under Article 16
and Article 21 (a).
3. Abstentions shall not be considered as votes.
Article 19
Weighting of votes
In respect of the adoption or amendment of the rules relating to fees and, if the financial
contribution to be made by the Contracting States would thereby be increased, the approval
referred to in Article 21 (a), voting shall be conducted according to Article 36 of the European
Patent Convention. The term 'Contracting States' in that Article shall be understood as meaning
the States parties to this Convention.
CHAPTER IV
FINANCIAL PROVISIONS
Article 20
Financial obligations and benefits
1. The amount payable by the States parties to this Convention pursuant to Article 146 of the
European Patent Convention shall be covered by financial contributions determined in respect of
each State in accordance with the scale laid down in paragraph 3.
2. Both the revenue derived from fees paid in accordance with the rules relating to fees, less the
payments to the European Patent Organization pursuant to Articles 39 and 147 of the European
Patent Convention, and all other receipts of the European Patent Organization obtained in
implementation of this convention shall be distributed among the States parties to this convention
in accordance with the scale laid down in paragraph 3.
3. The scale referred to in paragraphs 1 and 2 shall be as follows:

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- Belgium5,25 %
- Denmark5,20 %
- Germany20,40 %
- Greece4,40 %
- Spain6,30 %
- France12,80 %
- Ireland3,45 %
- Italy7,00 %
- Luxembourg3,00 %
- Netherlands11,80 %
- Portugal3,50 %
- United Kingdom16,90 %
4. The scale laid down in paragraph 3 may be amended by decision of the Council of the
European Communities, acting on a proposal from the Commission of the European Communities,
or on a request from at least three Contracting States, following a review to be conducted by the
Select Committee of the Administrative Council of the European
Patent Organization five years after the entry into force of the Agreement relating to Community
Patents.
5. The decision referred to in paragraph 4 shall require:
(a) unanimity from the sixth to the 10th year inclusive from the date of entry into force of the
Agreement relating to Community Patents;
(b) after the expiry of that period, a qualified majority; this majority shall be that specified in the
first indent of the second subparagraph of Article 148 (2) of the Treaty establishing the European
Economic Community.
6. Five years after the entry into force of the Agreement relating to Community Patents the
necessary work shall be commenced in order to examine under what conditions and at what date
the system of financing provided for in paragraphs 1 to 5 may be replaced by another system
based, having regard to developments in the European Communities, on Community financing.
This system may include the amounts payable by the States parties to this Convention pursuant
to the European Patent Convention and the amounts accruing to these States pursuant to that
Convention. When this work has been concluded, this Article and, if appropriate, Article 19 may
be amended by a decision of the Council of the European Communities acting unanimously on a
proposal from the Commission.
Article 21
Powers of the Select Committee of the Administrative Council in budgetary matters
The Select Committee of the Administrative Council shall:
(a) approve annually the forecasts of expenditure and revenue relating to the implementation of
this Convention and any amendments or additions made to these forecasts, submitted to it by the
President of the European Patent Office, and supervise the implementation thereof;
(b) grant the authorization provided for in Article 47 (2) of the European Patent Convention, in so
far as the expenditure involved relates to the implementation of this Convention;
(c) approve the annual accounts of the European Patent Organization which relate to the
implementation of this Convention and that part of the report of the auditors appointed under
Article 49 (1) of the European Patent Convention which relates to these accounts, and give the
President of the European Patent Office a discharge.
Article 22
Rules relating to Fees
The Rules relating to Fees shall determine in particular the amounts of the fees and the ways in
which they are to be paid.

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PART II
SUBSTANTIVE PATENT LAW
CHAPTER I
RIGHT TO THE COMMUNITY PATENT
Article 23
Claiming the right to the Community patent
1. If a Community patent has been granted to a person who is not entitled to it under Article 60
(1) of the European Patent Convention, the person entitled to it under that provision may, without
prejudice to any other remedy which may be open to him, claim to have the patent transferred to
him.
2. Where a person is entitled to only part of the Community patent, that person may, in
accordance with paragraph 1, claim to be made a joint proprietor.
3. Legal proceedings in respect of the rights specified in paragraphs 1 and 2 may be instituted
only within a period of not more than two years after the date on which the European Patent
Bulletin mentions the grant of the European patent. This provision shall not apply if the proprietor
of the patent knew, at the time when the patent was granted or transferred to him, that he was
not entitled to the patent.
4. The fact that legal proceedings have been instituted shall be entered in the Register of
Community Patents. Entry shall also be made of the final decision in, or of any other termination
of, the proceedings.
Article 24
Effect of change of proprietorship
1. Where there is a complete change of proprietorship of a Community patent as a result of legal
proceedings under Article 23, licences and other rights shall lapse upon the registration of the
person entitled to the patent in the Register of Community Patents.
2. If, before the institution of legal proceedings has been registered,
(a) the proprietor of the patent has used the invention within the territory of any of the
Contracting States or made effective and serious preparations to do so, or
(b) a licensee of the patent has obtained his licence and has used the invention within the
territory of any of the Contracting States or made effective and serious preparations to do so,
he may continue such use provided that he requests a non-exclusive licence of the patent from
the new proprietor whose name is entered in the Register of Community Patents.
Such request must be made within the period prescribed in the Implementing Regulations. The
licence shall be granted for a reasonable period and upon reasonable terms.
3. Paragraph 2 shall not apply if the proprietor of the patent or the licensee, as the case may be,
was acting in bad faith at the time when he began to use the invention or to make preparations
to do so.
CHAPTER II
EFFECTS OF THE COMMUNITY PATENT AND THE
EUROPEAN PATENT APPLICATION
Article 25
Prohibition of direct use of the invention
A Community patent shall confer on its proprietor the right to prevent all third parties not having
his consent:
(a) from making, offering, putting on the market or using a product which is the subject-matter of
the patent, or importing or stocking the product for these purposes;
(b) from using a process which is the subject-matter of the patent or, when the third party
knows, or it is obvious in the circumstances, that the use of the process is prohibited without the
consent of the proprietor of the patent, from offering the process for use within the territories of

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the Contracting States;
(c) from offering, putting on the market, using, or importing or stocking for these purposes the
product obtained directly by a process which is the subject-matter of the patent.
Article 26
Prohibition of indirect use of the invention
1. A Community patent shall also confer on its proprietor the right to prevent all third parties not
having his consent from supplying or offering to supply within the territories of the Contracting
States a person, other than a party entitled to exploit the patented invention, with means, relating
to an essential element of that invention, for putting it into effect therein, when the third party
knows, or it is obvious in the circumstances, that these means are suitable and intended for
putting that invention into effect.
2. Paragraph 1 shall not apply when the means are staple commercial products, except when the
third party induces
the person supplied to commit acts prohibited by Article 25.
3. Persons performing the acts referred to in Article 27 (a) to (c) shall not be considered to be
parties entitled to exploit the invention within the meaning of paragraph 1.
Article 27
Limitation of the effects of the Community patent
The rights conferred by a Community patent shall not extend to:
(a) acts done privately and for non-commercial purposes;
(b) acts done for experimental purposes relating to the subject-matter of the patented invention;
(c) the extemporaneous preparation for individual cases in a pharmacy of a medicine in
accordance with a medical prescription nor acts concerning the medicine so prepared;
(d) the use on board vessels of the countries of the Union of Paris for the Protection of Industrial
Property, other than the Contracting States, of the patented invention, in the body of the vessel,
in the machinery, tackle, gear and other accessories, when such vessels temporarily or
accidentally enter the waters of Contracting States, provided that the invention is used there
exclusively for the needs of the vessel;
(e) the use of the patented invention in the construction or operation of aircraft or land vehicles
of countries of the Union of Paris for the Protection of Industrial Property, other than the
Contracting States, or of accessories to such aircraft or land vehicles, when these temporarily or
accidentally enter the territory of Contracting States;
(f)
the acts specified in Article 27 of the Convention on International Civil Aviation of 7 December
1944, where these acts concern the aircraft of a State, other than the Contracting States,
benefiting from the provisions of that Article.
Article 28
Exhaustion of the rights conferred by the Community patent
The rights conferred by a Community patent shall not extend to acts concerning a product
covered by that patent which are done within the territories of the Contracting States after that
product has been put on the market in one of these States by the proprietor of the patent or with
his express consent, unless there are grounds which, under Community law, would justify the
extension to such acts of the rights conferred by the patent.
Article 29
Translation of the claims in examination or opposition proceedings
1. The applicant shall file with the European Patent Office within the time limit prescribed in the
Implementing Regulations a translation of the claims on which the grant of the European patent
is to be based in one of the official languages of each of the Contracting States which does not
have English, French or German as an official language.
2. Paragraph 1 shall apply mutatis mutandis in respect of claims which are amended during

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opposition proceedings.
3. The translations of the claims shall be published by the European Patent Office.
4. The applicant for or proprietor of the patent shall pay the fee for the publication of the
translations of the claims within the time limits prescribed in the Implementing Regulations.
5. If the translations prescribed in paragraph 1 are not filed in due time or if the fee for the
publication of the translations of the claims is not paid in due time the European patent
application shall be deemed to be withdrawn in respects of the designated Contracting States. If
the translations prescribed in paragraph 2 are not filed in due time or if the fee for the publication
of the translations of the claims is not paid in due time the Community patent shall be revoked.
6. Where a translation of the claims prescribed in paragraph 1 or 2, or a translation of the claims
in the two official languages of the European Patent Office which are not the language of the
proceedings, is defective, the applicant for or the proprietor of the patent may file a corrected
translation with the European Patent Office. The corrected translation shall not have any legal
effect until the conditions prescribed in the Implementing Regulations have been complied with.
7. Where the translation of the claims in one of the official languages of a Contracting State is
defective, any person who, in that State, is using or has made effective and serious preparations
for using an invention the use of which would not constitute infringement of the patent in the
defective translation of the claims, may, after the corrected translation takes effect, continue such
use without payment. This shall not apply if it is established that the person concerned did not act
in good faith.
Article 30
Translation of the specification of the Community patent
1. In addition to the translations prescribed in Article 29 (1) the applicant shall file with the
European Patent Office, before the end of the period prescribed in the Implementing Regulations,
a translation of the text of the
application which forms the basis for the grant of the Community patent in one of the official
languages of each of the Contracting States in which the language of the proceedings is not an
official language.
2. Paragraph 1 shall apply mutatis mutandis to the text of the Community patent which forms the
basis for its maintenance in amended form during opposition proceedings.
3. The European Patent Office shall, within the time limit laid down in the Implementing
Regulations, forward to each of the central industrial property offices of the Contracting States
which have so requested a copy of the translations referred to in paragraphs 1 and 2 in the
relevant language or languages. The applicant must for that purpose file a sufficient number of
copies of the translations.
4. The translations prescribed in paragraphs 1 and 2 shall be made available to the public by the
European Patent Office and shall be forwarded in due time and free of charge to the central
industrial property offices of the Contracting States concerned in a suitable form for adequate and
inexpensive dissemination.
5. If the translations prescribed in paragraph 1 are filed in due time, the proprietor of the patent
may avail himself from the date of publication of the mention of the grant of the patent of the
rights conferred by the patent.
6. If the translations prescribed in paragraphs 1 or 2 are not filed in due time, the Community
patent shall be deemed to be void ab initio. However, the proprietor may, instead of the
Community patent, obtain a European patent for the Contracting States for which he has filed
translations in due time. He must for that purpose notify his intention in writing to the European
Patent Office within a period of two months from the expiry of the applicable time limit and pay
within the same period the fees referred to in Article 81 (1).
7. Article 29 (6) and (7) shall apply mutatis mutandis to the translations prescribed in paragraphs
1 and 2.
Article 31
Status of translations

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The translations provided for in Articles 29 and 30 which have been carried out by persons
authorized under the law of a Contracting State shall be deemed in that State to be in conformity
with the original, until proved to the contrary.
Article 32
Rights conferred by a European patent application after publication
1. Compensation reasonable in the circumstances may be claimed from a third party who, in the
period between the
date of publication of a European patent application in which the Contracting States are
designated and the date of publication of the mention of the grant of the European patent, has
made any use of the invention which, after that period, would be prohibited by virtue of the
Community patent.
2. Any Contracting State which does not have as an official language the language of the
proceedings of a European patent application in which the Contracting States are designated may
prescribe that such application shall not confer, in respect of use of the invention within its
territory, the right referred to in paragraph 1 until such time as the applicant, at his option, has:
(a) supplied a translation of the claims in one of its official languages to the competent authority
of that State and the translation has been published in accordance with the law of that State; or
(b) communicated such a translation to the person using the invention within that State.
3. Any Contracting State referred to in paragraph 2 may prescribe that, where the applicant avails
himself of the option provided for in subparagraph 2 (b), the right conferred by the application in
respect of use of the invention within the territory of the State concerned may be invoked only if
the applicant supplies a copy of the translation to the competent authority of that State within 15
days after it has been communicated to the person using the invention within that State. The
Contracting State may prescribe that the authority shall publish the translation, in accordance
with the law of that State.
4. Any Contracting State which adopts a provision under paragraph 2 may prescribe that, where
the translation of the claims is defective, any person who, in that State, has used or made
effective and serious preparations for using the invention the use of which would not constitute
infringement of the application in the original translation of the claims shall be liable for
reasonable compensation in accordance with paragraph 1 only from the moment when the
corrected translation of the claims has been published or has been received by him, unless it is
established that he did not act in good faith, in which case he shall be liable for reasonable
compensation in accordance with paragraph 1 from the moment when the requirements of
paragraph 2 were fulfilled.
Article 33
Effect of revocation of the Community patent
1. A European patent application in which the Contracting States are designated and the resulting
Community patent shall be deemed not to have had, as from
the outset, the effects specified in this Chapter, to the extent that the patent has been revoked.
2. Subject to the national provisions relating either to claims for compensation for damage caused
by negligence or lack of good faith on the part of the proprietor of the patent, or to unjust
enrichment, the retroactive effect of the revocation of the patent as a result of opposition or
revocation proceedings shall not effect:
(a) any decision on infringement which has acquired the authority of a final decision and been
enforced prior to the revocation decision;
(b) any contract concluded prior to the revocation decision, in so far as it has been performed
before that decision; however, repayment, to an extent justified by the circumstances, of sums
paid under the relevant contract, may be claimed on grounds of equity.
Article 34
Complementary application of national law regarding infringement
1. The effects of a Community patent shall be governed solely by the provisions of this
Convention. In other respects, infringement of a Community patent shall be governed by the

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national law relating to infringement of a national patent, in accordance with and subject to the
provisions of the Protocol on Litigation.
2. Paragraph 1 shall apply mutatis mutandis to a European patent application which may result in
the grant of a Community patent.
Article 35
Burden of proof
1. If the subject-matter of a Community patent is a process for obtaining a new product, the
same product when produced by any other party shall, in the absence of proof to the contrary, be
deemed to have been obtained by the patented process.
2. In the adduction of proof to the contrary, the legitimate interests of the defendant in protecting
his manufacturing and business secrets shall be taken into account.
CHAPTER III
NATIONAL RIGHTS
Article 36
National prior right
1. With regard to a Community patent having a date of filing or, where priority has been claimed,
a date of priority
later than that of a national patent application or national patent made public in a Contracting
State on or after that date, the national patent application or patent shall, for that Contracting
State, have the same prior right effect as a published European patent application designating
that Contracting State.
2. If, in a Contracting State, a national patent application or patent, which is unpublished by
reason of the national law of that State concerning the secrecy of inventions, has a prior right
effect with regard to a national patent in that State having a later date of filing, or where priority
has been claimed a later date of priority, the same shall apply in that State with regard to a
Community patent.
Article 37
Right based on prior use and right of personal possession
1. Any person who, if a national patent had been granted in respect of an invention, would have
had, in one of the Contracting States, a right based on prior use of that invention or a right of
personal possession of that invention, shall enjoy, in that State, the same rights in respect of a
Community patent for the same invention.
2. The rights conferred by a Community patent shall not extend to acts concerning a product
covered by that patent which are done within the territory of the State concerned after that
product has been put on the market in that State by the person referred to in paragraph 1, in so
far as the national law of that State makes provision to the same effect in respect of national
patents.
CHAPTER IV
THE COMMUNITY PATENT AS AN OBJECT OF
PROPERTY
Article 38
Dealing with the Community patent as a national patent
1. Unless otherwise specified in this Convention, a Community patent as an object of property
shall be dealt with in its entirety, and for the whole of the territories in which it is effective, as a
national patent of the Contracting State in which, according to the Register of European Patents
provided for in the European Patent Convention:
(a) the applicant for the patent had his residence or principal place of business on the date of
filing of the European patent application;
(b) where subparagraph (a) does not apply, the applicant had a place of business on that date; or
(c) where neither subparagraph (a) nor subparagraph (b) applies, the applicant's representative

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whose name is entered first in the Register of European Patents had his place of business on the
date of that entry.
2. Where subparagraphs (a), (b) and (c) of paragraph 1 do not apply, the Contracting State
referred to in that paragraph shall be the Federal Republic of Germany.
3. If two or more persons are mentioned in the Register of European Patents as joint applicants,
paragraph 1 shall apply to the joint applicant first mentioned; if this is not possible, it shall apply
to the joint applicant next mentioned in respect of whom it is applicable. Where paragraph 1 does
not apply to any of the joint applicants, paragraph 2 shall apply.
4. If in a Contracting State as determined by the preceding paragraphs a right in respect of a
national patent is effective only after entry in the national patent register, such a right in respect
of a Community patent shall be effective only after entry in the Register of Community Patents.
Article 39
Transfer
1. An assignment of a Community patent shall be made in writing and shall require the signature
of the parties to the contract, except when it is a result of a judgment.
2. Subject to Article 24 (1) a transfer shall not affect rights acquired by third parties before the
date of transfer.
3. A transfer shall, to the extent to which it is verified by the papers referred to in the
Implementing Regulations, only have effect vis-à-vis third parties after entry in the Register of
Community Patents. Nevertheless, a transfer, before it is so entered, shall have effect vis-à-vis
third parties who have acquired rights after the date of the transfer but who knew of the transfer
at the date on which the rights were acquired.
Article 40
Enforcement proceedings
The courts and other authorities of the Contracting State determined in accordance with Article 38
shall have exclusive jurisdiction in respect of proceedings relating to judgments or other official
acts in so far as they are being enforced against Community patents.
Article 41
Bankruptcy or like proceedings
1. Until such time as common rules for the Contracting States in this field enter into force, the
only Contracting State
in which a Community patent may be involved in bankruptcy or like proceedings shall be that in
which such proceedings are opened first.
2. Paragraph 1 shall apply mutatis mutandis in the case of joint proprietorship of a Community
patent to the share of the joint proprietor.
Article 42
Contractual licensing
1. A Community patent may be licensed in whole or in part for the whole or part of the territories
in which it is effective. A licence may be exclusive or non-exclusive.
2. The rights conferred by the Community patent may be invoked against a licensee who
contravenes any restriction in his licence which is covered by paragraph 1.
3. Article 39 (2) and (3) shall apply mutatis mutandis to the grant or transfer of a licence in
respect of a Community patent.
Article 43
Licences of right
1. Where the proprietor of a Community patent files a written statement with the European
Patent Office that he is prepared to allow any person to use the invention as a licensee in return
for appropriate compensation, the renewal fees for the Community patent which fall due after
receipt of the statement shall be reduced; the amount of the reduction shall be fixed in the rules
relating to fees. Where there is a complete change of proprietorship of the patent as a result of

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legal proceedings under Article 23, the statement shall be deemed withdrawn upon the entry of
the name of the person entitled to the patent in the Register of Community Patents.
2. The statement may be withdrawn at any time upon written notification to this effect to the
European Patent Office, provided that no-one has informed the proprietor of the patent of his
intention to use the invention. Such withdrawal shall take effect from the date of its notification.
The amount by which the renewal fees were reduced shall be paid within one month after
withdrawal; Article 48 (2) shall apply, but the six-month period shall start upon expiry of the
above period.
3. The statement may not be filed while an exclusive licence is recorded in the Register of
Community Patents or a request for the recording of such a licence is before the European Patent
Office.
4. On the basis of the statement, any person shall be entitled to use the invention as a licensee
under the conditions laid down in the Implementing Regulations. A licence so obtained shall, for
the purposes of this Convention, be treated as a contractual licence.
5. On written request by one of the parties, a Revocation Division shall determine the appropriate
compensation or review it if circumstances have arisen or become known which render the
compensation determined obviously inappropriate. The provisions governing revocation
proceedings shall apply mutatis mutandis, unless they are inapplicable as a result of the particular
nature of revocation proceedings. The request shall not be deemed to have been made until such
time as an administrative fee has been paid.
6. N° request for recording an exclusive licence in the Register of Community Patents shall be
admissible after the statement has been filed, unless it is withdrawn or deemed withdrawn.
Article 44
The European patent application as an object of property
1. Articles 38 to 42 shall apply mutatis mutandis to a European patent application in which the
Contracting States are designated, the reference to the Register of Community Patents being
understood as referring to the Register of European Patents provided for in the European Patent
Convention.
2. The rights acquired by third parties in respect of a European patent application referred to in
paragraph 1 shall continue to be effective with regard to the Community patent granted upon that
application.
CHAPTER V
COMPULSORY LICENCES IN RESPECT OF A
COMMUNITY PATENT
Article 45
Compulsory licences
1. Any provision in the law of a Contracting State for the grant of compulsory licences in respect
of national patents
shall be applicable to Community patents. The extent and effect of compulsory licences granted in
respect of Community patents shall be restricted to the territory of the State concerned. Article 28
shall not apply.
2. Each Contracting State shall, at least in respect of compensation under a compulsory licence,
provide for a final appeal to a court of law.
3. As far as practicable national authorities shall notify the European Patent Office of the grant of
any compulsory licence in respect of a Community patent.
4. For the purposes of this Convention, the term 'compulsory licences' shall be construed as
including official licences and any right to use patented inventions in the public interest.
Article 46
Compulsory licences for lack or insufficiency of
exploitation
A compulsory licence may not be granted in respect of a Community patent on the ground of lack

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or insufficiency of exploitation if the product covered by the patent, which is manufactured in a
Contracting State, is put on the market in the territory of any other Contracting State, for which
such a licence has been requested, in sufficient quantity to satisfy needs in the territory of that
other Contracting State. This provision shall not apply to compulsory licences granted in the public
interest.
Article 47
Compulsory licences in respect of dependent patents
Any provisions in the law of a Contracting State for the grant of compulsory licences in respect of
earlier patents in favour of subsequent dependent patents shall be applicable to the relationship
between Community patents and national patents and to the relationship between Community
patents themselves.
PART III
RENEWAL, LAPSE, LIMITATION AND REVOCATION OF THE COMMUNITY PATENT
CHAPTER I
RENEWAL AND LAPSE
Article 48
Renewal fees
1. Renewal fees in respect of Community patents shall be paid to the European Patent Office in
accordance with the
Implementing Regulations. These fees shall be due in respect of the years following the year
referred to in Article 86 (4) of the European Patent Convention, provided that no renewal fees
shall be due in respect of the first two years, calculated from the date of filing of the application.
2. When a renewal fee has not been paid on or before the due date, the fee may be validly paid
within six months of that date, provided that the additional fee is paid at the same time.
3. Any renewal fee in respect of a Community patent falling due within two months after the
publication of the mention of the grant of the European patent shall be deemed to have been
validly paid if it is paid within that period. N° additional fee shall be charged.
Article 49
Surrender
1. A Community patent may be surrendered only in its entirety.
2. Surrender must be declared in writing to the European Patent Office by the proprietor of the
patent. It shall not have effect until it is entered in the Register of Community Patents.
3. Surrender will be entered in the Register of Community Patents only with the agreement of any
third party who has a right in rem recorded in the Register or in respect of whom there is an
entry in the Register pursuant to Article 23 (4), first sentence. If a licence is recorded in the
Register, surrender will be entered only if the proprietor of the patent proves that he has
previously informed the licensee of his intention to surrender; this entry will be made on expiry of
the period laid down in the Implementing Regulations.
Article 50
Lapse
1. A Community patent shall lapse:
(a) at the end of the term laid down in Article 63 of the European Patent Convention;
(b) if the proprietor of the patent surrenders it in accordance with Article 49;
(c) if a renewal fee and any additional fee have not been paid in due time.
2. The Community patent shall lapse on the date mentioned in Article 53 (4) to the extent that it
is not maintained.
3. The lapse of a patent for failure to pay a renewal fee and any additional fee within the due
period shall be deemed to have occurred on the date on which the renewal fee was due.
4. The lapse of a Community patent shall, if necessary, be decided by the Patent Administration

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Division or, if proceedings in respect of that patent are pending before it, a Revocation Division.
CHAPTER II
LIMITATION PROCEDURE
Article 51
Request for limitation
1. At the request of the proprietor, a Community patent may be limited in the form of an
amendment to the claims, the description or the drawings. Limitation in respect of one or some of
the Contracting States may be requested only where Article 36 (1) applies.
2. The request may not be filed during the period within which an opposition may be filed or
while opposition proceedings or revocation proceedings are pending.
3. The request shall be filed in writing with the European Patent Office. It shall not be deemed to
have been filed until the fee for limitation has been paid.
4. Article 49 (3) shall apply mutatis mutandis to the filing of the request.
5. Where an application for revocation of the Community patent is filed during limitation
proceedings, the Revocation Division shall stay the limitation proceedings until a final decision is
given in respect of the application for revocation.
Article 52
Examination of the request
1. The Revocation Division shall examine whether the grounds for revocation mentioned in Article
56 (1) (a) to (d) would prejudice the maintenance of the Community patent as amended.
2. In the examination of the request, which shall
be conducted in accordance with the Implementing Regulations, the Revocation Division shall
invite the proprietor of the patent, as often as necessary, to file observations, within a period to
be fixed by the Revocation Division, on communications issued by itself.
3. If the proprietor of the patent fails to reply in due time to any invitation under paragraph 2, the
request shall be deemed to be withdrawn.
Article 53
Rejection of the request or limitation of the Community patent
1. If, following the examination provided for in Article 52, the Revocation Division is of the opinion
that the amendments are not acceptable, it shall reject the request.
2. If the Revocation Division is of the opinion that, taking into consideration the amendments
made by the proprietor of the patent during the limitation proceedings, the grounds for revocation
mentioned in Article 56 do not prejudice the maintenance of the Community patent, it shall decide
to limit the patent accordingly, provided that:
(a) it is established, in accordance with the Implementing Regulations, that the proprietor of the
patent approves the text in which the Revocation Division intends to limit the patent;
(b) a translation of all amendments to the patent specification in one of the official languages of
each of the Contracting States which does not have as an official language the language of the
proceedings is filed within the time limit prescribed in the Implementing Regulations;
(c) the fee for the printing of a new specification is paid within the time limit prescribed in the
Implementing Regulations.
3. If a translation is not filed in due time or if the fee for the printing of a new specification is not
paid in due time, the request shall be deemed to be withdrawn, unless these acts are done and
the additional fee is paid within a further period as prescribed in the Implementing Regulations.
4. The decision to limit a Community patent shall not take effect until the date on which the
Community Patent Bulletin mentions the limitation.
Article 54
Publication of a new specification following limitation proceedings
If a Community patent is limited under Article 53 (2) the European Patent Office shall, at the

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same time as it publishes the mention of the decision to limit, publish a new specification of the
Community patent containing the description, the claims and any drawings, in the amended form.
Article 30 (3) and (4) shall apply mutatis mutandis.
CHAPTER III
REVOCATION PROCEDURE
Article 55
Application for revocation
1. Any person may file with the European Patent Office an application for revocation of a
Community patent; however, in the case specified in Article 56 (1) (e) the
application may be filed only by a person entitled to be entered in the Register of Community
Patents as the sole proprietor of the patent or by all the persons entitled to be entered as joint
proprietors of it in accordance with Article 23 acting jointly.
2. The application may not be filed in the cases specified in Article 56 (1) (a) to (d) during the
period within which an opposition may be filed or while opposition proceedings are pending.
3. An application may be filed even if the Community patent has lapsed.
4. The application shall be filed in a written reasoned statement. It shall not be deemed to have
been filed until the revocation fee has been paid.
5. Applicants shall be parties to the revocation proceedings as well as the proprietor of the patent.
6. If the applicant has neither his residence nor his principal place of business within the territory
of one of the Contracting States, he shall, at the request of the proprietor of the patent, furnish
security for the costs of the proceedings. The Revocation Division shall fix at a reasonable figure
the amount of the security and the period within which it must be deposited. If the security is not
deposited within the period specified, the application shall be deemed to be withdrawn.
Article 56
Grounds for revocation
1. An application for revocation of a Community patent may be filed only on the grounds that:
(a) the subject-matter of the patent is not patentable within the terms of Articles 52 to 57 of the
European Patent Convention;
(b) the patent does not disclose the invention in a manner sufficiently clear and complete for it to
be carried out by a person skilled in the art;
(c) the subject-matter of the patent extends beyond the content of the European patent
application as filed, or,
if the patent was granted on a European divisional application or on a new European application
filed in accordance with Article 61 of the European Patent Convention, beyond the content of the
earlier application as filed;
(d) the protection conferred by the patent has been extended;
(e)
the proprietor of the patent is not, having regard to
a decision which has to be recognized in all the Contracting States, entitled under Article 60 (1) of
the European Patent Convention;
(f)
the subject-matter of the patent is not patentable within the terms of Article 36 (1).
2. If the grounds for revocation affect the patent only partially, revocation shall be pronounced in
the form of a corresponding limitation of the patent. The limitation may be effected in the form of
an amendment to the claims, the description or the drawings.
3. In the case specified in paragraph 1 (f), revocation shall be pronounced only in respect of the
Contracting State in which the national patent application or national patent has been made
public.
Article 57

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Examination of the application
1. If the application for revocation of the Community patent is admissible, the Revocation Division
shall examine whether the grounds for revocation mentioned in Article 56 prejudice the
maintenance of the patent.
2. In the examination of the application, which shall be conducted in accordance with the
Implementing Regulations, the Revocation Division shall invite the parties, as often as necessary,
to file observations, within a period to be fixed by the Revocation Division, on communications
from another party or issued by itself.
Article 58
Revocation or maintenance of the Community patent
1. If the Revocation Division is of the opinion that the grounds for revocation mentioned in Article
56 prejudice the maintenance of the Community patent, it shall revoke the patent.
2. If the Revocation Division is of the opinion that the grounds for revocation mentioned in Article
56 do not prejudice the maintenance of the patent unamended, it shall reject the application.
3. If the Revocation Division is of the opinion that, taking into consideration the amendments
made by the proprietor of the patent during the revocation proceedings, the grounds for
revocation mentioned in Article 56 do not prejudice the maintenance of the patent, it shall decide
to maintain the patent as amended, provided that:
(a) it is established, in accordance with the Implementing Regulations, that the proprietor of the
patent approves the text in which the Revocation Division intends to maintain the patent;
(b) a translation of all amendments to the patent specification in one of the official languages of
each of
the Contracting States which does not have as an official language the language of the
proceedings is filed within the time limit prescribed in the Implementing Regulations;
(c) the fee for the printing of a new specification is paid within the time limit prescribed in the
Implementing Regulations.
4. If a translation is not filed in due time or if the fee for the printing of a new specification is not
paid in due time, the patent shall be revoked, unless these acts are done and the additional fee is
paid within a further period as prescribed in the Implementing Regulations.
Article 59
Publication of a new specification following revocation
proceedings
If a Community patent is amended under Article 58 (3) the European Patent Office shall, at the
same time as it publishes the mention of the decision on the application for revocation, publish a
new specification of the Community patent containing the description, the claims and any
drawings, in the amended form. Article 30 (3) and (4) shall apply mutatis mutandis.
Article 60
Costs
1. Each party to revocation proceedings shall meet the costs he has incurred unless a decision of
a Revocation Division in accordance with the Implementing Regulations or of the Common Appeal
Court in accordance with its Rules of Procedure, for reasons of equity, orders a different
apportionment of costs incurred during taking of evidence or in oral proceedings. A decision on
the apportionment of the costs may also be taken on request when the application for revocation
is withdrawn or when the Community patent lapses.
2. On request, the registry of the Revocation Division shall fix the amount of the costs to be paid
under a dicision apportioning them. The fixing of the costs by the registry may be reviewed by a
decision of the Revocation Division on a request filed within the period laid down in the
Implementing Regulations.
3. Article 104 (3) of the European Patent Convention shall apply mutatis mutandis.
PART IV

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APPEALS PROCEDURE
Article 61
Appeal
1. An appeal shall lie from decisions of the Revocation Division and the Patent Administration
Division.
2. Articles 106 to 109 of the European Patent Convention shall apply mutatis mutandis to this
appeals procedure in so far as the Rules of Procedure of the Common Appeal Court or the Rules
relating to Fees do not provide otherwise.
PART V
COMMON PROVISIONS
Article 62
Common provisions governing procedure and
representation
1. The provisions of Part VII, Chapters I and III, of the European Patent Convention, other than
Article 124, shall apply mutatis mutandis to this Convention, subject to the following:
(a) Article 114 (1) shall apply only to the Revocation Divisions;
(b) Article 116 (2) and (3) shall apply only to the Patent Administration Division, and paragraph 4
shall apply only to the Revocation Divisions;
(c) Article 122 shall also apply to all other parties to proceedings before the special departments;
(d) Article 123 (3) shall apply to limitation and revocation proceedings before the Revocation
Divisions;
(e) the term 'Contracting States' shall be understood as meaning the States parties to this
Convention.
2. Notwithstanding paragraph 1 (e), a person whose name appears on the list of professional
representatives maintained by the European Patent Office who is not a national of one of the
States parties to this Convention or does not have his place of business or employment within the
territory of one of these States, shall be entitled to act
as a professional representative for a party to proceedings relating to a Community patent before
the special departments, provided that:
(a) he was, according to the Register of European Patents, the person last authorized to act as
the professional representative for the same party or his predecessor in title in proceedings
pursuant to the European Patent Convention which relate to this Community patent or to
the European patent application on which it is based; and
(b) the State of which he is a national or within the territory of which he has his place of business
or employment applies rules, as regards representation before the central industrial property
office of the State concerned, which comply, in respect of reciprocity, with such conditions as the
Select Committee of the Administrative Council may prescribe.
Article 63
Register of Community Patents
The European Patent Office shall keep a register, to be known as the Register of Community
Patents, which shall contain those particulars the registration of which is provided for by this
Convention. The Register shall be open to public inspection.
Article 64
Community Patent Bulletin
The European Patent Office shall periodically publish a Community Patent Bulletin containing
entries made in the Register of Community Patents, as well as other particulars, the publication of
which is prescribed by this Convention.
Article 65
Information to the public or official authorities

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Articles 128 (4) and 130 to 132 of the European Patent Convention shall apply mutatis mutandis,
the term 'Contracting States' being understood as meaning the States parties to this Convention.
PART VI
JURISDICTION AND PROCEDURE IN ACTIONS RELATING TO COMMUNITY
PATENTS OTHER THAN THOSE GOVERNED BY THE PROTOCOL ON LITIGATION
CHAPTER I
JURISDICTION AND ENFORCEMENT
Article 66
General provisions
Unless otherwise specified in this Convention, the Convention on Jurisdiction and Enforcement of
Judgments in Civil and Commercial Matters, signed at Brussels on 27 September 1968, as
amended by the Conventions on the Accession to that Convention of the States acceding to the
European Communities, the whole of which Convention and of which Conventions of Accession
are hereinafter referred to as the 'Convention on Jurisdiction and Enforcement', shall apply to
actions relating to Community patents, other than those to which the Protocol on Litigation
applies, and to decisions given in respect of such actions.
Article 67
Jurisdiction of national courts concerning actions relating to Community patents
The following courts shall have exclusive jurisdiction:
(a) in actions relating to compulsory licences in respect of a Community patent, the courts of the
Contracting State the national law of which is applicable to the licence;
(b) in actions relating to the right to a patent in which an employer and an employee are in
dispute, the courts of the Contracting State under whose law the right to a European patent is
determined in accordance with Article 60 (1), second sentence, of the European Patent
Convention. Any agreement conferring jurisdiction shall be valid only in so far as the national law
governing the contract of employment allows the agreement in question.
Article 68
Supplementary provisions on jurisdiction
1. Within the Contracting State whose courts have jurisdiction under Articles 66 and 67, those
courts shall have jurisdiction which would have jurisdiction ratione loci and ratione materiae in the
case of actions relating to a national patent granted in that State.
2. Articles 66 and 67 shall apply to actions relating to a European patent application in which the
Contracting States are designated, except in so far as the right to the grant of a European patent
is claimed.
3. Actions relating to a Community patent for which no court has jurisdiction under Articles 66
and 67 and paragraphs 1 and 2 may be heard before the courts of the Federal Republic of
Germany.
Article 69
Supplementary provisions on recognition and enforcement
1. Article 27 (3) and (4) of the Convention on Jurisdiction and Enforcement shall not apply to
decisions relating to the right to the Community patent.
2. In the case of irreconcilable decisions relating to the right to a Community patent given in
proceedings between the same parties, only the decision of the court first seised of the matter
shall be recognized. Neither party may invoke any other decision even in the Contracting State in
which it was given.
Article 70
National authorities
For actions relating to the right to a Community patent or to compulsory licences in respect of a
Community patent the term 'courts' in this Convention and the Convention on Jurisdiction and
Enforcement shall include authorities which, under the national law of a Contracting State, have

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jurisdiction to decide such actions relating to a national patent granted in that State. The
Contracting State concerned shall notify the European Patent Office of any authority on which
such jurisdiction is conferred and the European Patent Office shall inform the other Contracting
States accordingly.
CHAPTER II
PROCEDURE
Article 71
Rules of procedure
Unless otherwise specified in this Convention, the actions referred to in Articles 66 to 68 shall be
subject to the national rules of procedure governing the same type of action relating to a national
patent.
Article 72
Obligation of the national court
A national court which is dealing with an action relating to a Community patent, other than the
actions governed by the Protocol on Litigation, shall treat the patent as valid.
Article 73
Stay of proceedings
1. If the decision in an action before a national court relating to a European patent application
which may result in the grant of a Community patent, other than an action governed by the
Protocol on Litigation, depends upon the patentability of the invention, that decision may be given
only after the European Patent Office has granted a Community patent or refused the European
patent application. Paragraph 2 shall apply after the grant of the Community patent.
2. Where an opposition has been filed or a request for the limitation or an application for the
revocation of a Community patent has been made, the national court may, at the request of one
of the parties and after hearing the other parties, stay proceedings relating to the Community
patent, in so far as its decision depends upon validity. At the request of one of the parties the
court shall instruct that the documentary evidence of the opposition, limitation or revocation
proceedings be communicated to it, in order to give a ruling on the request for a stay of
proceedings.
Article 74
Penal sanctions for infringement
The national penal provisions in the matter of infringement shall be applicable in the case of
infringement of a Community patent, to the extent that like acts of infringement would be
punishable if they similarly affected a national patent.
PART VII
IMPACT ON NATIONAL LAW
Article 75
Prohibition of simultaneous protection
1. Where a national patent granted in a Contracting State relates to an invention for which a
Community patent has been granted to the same inventor or to his successor in title with the
same date of filing, or, if priority has been claimed, with the same date of priority, that national
patent shall be ineffective to the extent that it covers the same invention as the Community
patent, from the date on which:
(a) the period for filing an opposition to the Community patent has expired without any opposition
being filed;
(b) the opposition proceedings are concluded with a decision to maintain the Community patent;
or
(c) the national patent is granted, where this date is subsequent to the date referred to in
subparagraph (a) or (b), as the case may be.
2. The subsequent lapse or revocation of the Community patent shall not affect the provisions of

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paragraph 1.
3. Each Contracting State may prescribe the procedure whereby the loss of effect of the national
patent is determined and, where appropriate, the extent of that loss. It may also prescribe that
the loss of effect shall apply as from the outset.
4. Prior to the date applicable under paragraph 1, simultaneous protection by a Community patent
or a European patent application and a national patent or a national patent application shall exist
unless any Contracting State provides otherwise.
Article 76
Exhaustion of the rights conferred by a national patent
1. The rights conferred by a national patent in a Contracting State shall not extend to acts
concerning a product covered by that patent which are done within the territory of that
Contracting State after that product has been put on the market in any Contracting State by the
proprietor of the patent or with his express consent, unless there are grounds which, under
Community law, would justify the extension to such acts of the rights conferred by the patent.
2. Paragraph 1 shall also apply with regard to a product put on the market by the proprietor of a
national patent, granted for the same invention in another Contracting State, who has economic
connections with the proprietor of the patent referred to in paragraph 1. For the purpose of this
paragraph, two persons shall be deemed to have economic connections where one of them is in a
position to exert a decisive influence on the other, directly or indirectly, with regard to the
exploitation of a patent, or where a third party is in a position to exercise such an influence on
both persons.
3. The preceding paragraph shall not apply in the case of a product put on the market under a
compulsory licence.
Article 77
Compulsory licences in respect of national patents
Article 46 shall apply mutatis mutandis to the grant of compulsory licences for lack or insufficiency
of exploitation of a national patent.
Article 78
Effect of unpublished national applications or patents
1. Where Article 36 (2) applies, the Community patent shall be ineffective in the Contracting State
concerned to the extent that it covers the same invention as the national patent application or
patent.
2. The procedure confirming that, pursuant to paragraph 1, the Community patent is ineffective in
the Contracting State shall, in that State, be that according to which, if the Community patent had
been a national patent, it could have been revoked or made ineffective.
Article 79
National utility models and utility certificates
1. Articles 36, 75 and 76 shall apply to utility models and utility certificates and to applications for
utility models and utility certificates in the Contracting States whose laws make provision for such
models or certificates.
2. If a Contracting State provides in its law that a person may not exercise the rights conferred by
a patent so long as there exists a utility model having an earlier date of filing or, where priority
has been claimed an earlier date of priority, the same shall, notwithstanding paragraph 1, apply
also to the Community patent in that State.
PART VIII
TRANSITIONAL PROVISIONS
Article 80
Application of the Convention on Jurisdiction and
Enforcement
The provisions of the Convention on Jurisdiction and Enforcement rendered applicable by the

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preceding Articles shall not have effect in respect of any Contracting State for which that
Convention has not yet entered into force until such entry into force.
Article 81
Option between a Community patent and a European
patent
1. This Convention shall, subject to paragraph 3, not apply to a European patent application filed
during a transitional period nor to any resulting European patent provided that, within the time
limit prescribed in the Implementing Regulations, the applicant files with the European Patent
Office a statement indicating that he does not wish to obtain a Community patent and identifying
the Contracting States the designation of which is to be maintained. The statement shall not be
deemed to be filed until after the prescribed fees have been paid. The statement may not be
withdrawn.
2. Article 54 (3) and (4) of the European Patent Convention shall apply where a European patent
application in which the Contracting States are designated or a
Community patent has a date of filing or, where priority has been claimed, a date of priority later
than that of a European patent application in which one or some of the Contracting States are
designated. In the event of limitation or revocation of the Community patent on this ground,
limitation or revocation shall be pronounced only in respect of the Contracting States designated
in the earlier European patent application as published.
3. Articles 75 to 77 and 79 shall apply to a European patent as referred to in paragraph 1, the
references in Articles 75 and 79 to a Community patent and the references in Articles 76 and 77
to a national patent being understood as references to such a European patent.
4. The transitional period referred to in paragraph 1 may be terminated by decision of the Council
of the European Communities, acting on a proposal from the Commission of the European
Communities or from a Contracting State.
5. The decision referred to in paragraph 4 shall require unanimity.
Article 82
Subsequent choice of a Community patent
This Convention shall apply to a European patent granted in respect of a European patent
application in which all the
Contracting States are designated and which is filed prior to the entry into force of this
Convention, provided that prior to the expiry of the time limit mentioned in Article 97 (2) (b) of
the European Patent Convention the applicant files with the European Patent Office a written
statement that he wishes to obtain a Community patent.
Article 83
Reservation in respect of compulsory licences
1. Any signatory State may, at the time of signature or when depositing its instrument of
ratification, declare that it reserves the right to provide that Articles 46 and 77 shall not apply
within its territory to Community patents or to European patents granted for, or to national
patents granted by, that State.
2. Any reservation made by a signatory State under paragraph 1 shall have effect until the end of
the 10th
year at the latest after the entry into force of the Agreement relating to Community Patents.
However, the Council of the European Communities may, acting by a qualified majority on a
proposal from a signatory State, extend the period in respect of a signatory State making such a
reservation by not more than five years. This majority shall be that specified in the second indent
of the second subparagraph of Article 148 (2) of the Treaty establishing the European Economic
Community.
3. Any reservation made under paragraph 1 shall cease to apply when common rules on the
granting of compulsory
licences in respect of Community patents have become operative.

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4. Any signatory State that has made a reservation under paragraph 1 may withdraw it at any
time. Such withdrawal shall be made by notification addressed to the Secretary-General of the
Council of the European Communities and shall take effect one month from the date of receipt of
such notification.
5. Termination of the effect of the reservation shall not affect compulsory licences granted before
the date on which the reservation ceased to have effect.
Article 84
Other transitional provisions
1. Articles 159, 161 and 163 of the European Patent Convention shall apply mutatis mutandis,
subject to the following:
(a) the first meeting of the Select Committee of the Administrative Council shall be on the
invitation of the Secretary-General of the Council of the European Communities;
(b) the term 'Contracting State' shall be understood as meaning the States parties to this
Convention.
2. Notwithstanding paragraph 1 (b), Article 62 (2) shall apply.
PART IX
FINAL PROVISIONS
Article 85
Implementing Regulations
1. The Implementing Regulations shall be an integral part of this Convention.
2. In the case of conflict between the provisions of this Convention and those of the
Implementing Regulations, the provisions of this Convention shall prevail.

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