CONVENTION ON THE UNIFICATION OF CERTAIN POINTS OF SUBSTANTIVE LAW ON PATENTS FOR INVENTION. Strasbourg, 27.XI.1963

Transcription

1 CONVENTION ON THE UNIFICATION OF CERTAIN POINTS OF SUBSTANTIVE LAW ON PATENTS FOR INVENTION Strsourg, 27.XI.1963

2 2 ETS 47 Unifiction Lw of Ptents, 27.XI.1963 The memer Sttes of the Council of Europe, signtory hereto, Considering tht the im of the Council of Europe is to chieve greter unity etween its memers for the purpose, mong others, of fcilitting their economic nd socil progress y greements nd common ction in economic, socil, culturl, scientific, legl nd dministrtive mtters; Considering tht the unifiction of certin points of sustntive lw on ptents for invention is likely to ssist industry nd inventors, to promote technicl progress nd contriute to the cretion of n interntionl ptent; Hving regrd to Article 15 of the Convention for the Protection of Industril Property signed t Pris on 20th Mrch 1883, revised t Brussels on 14th Decemer 1900, t Wshington on 2nd June 1911, t The Hgue on 6th Novemer 1925, t London on 2nd June 1934 nd t Lison on 31st Octoer 1958, Hve greed s follows: Article 1 In the Contrcting Sttes, ptents shll e grnted for ny inventions which re susceptile of industril ppliction, which re new nd which involve n inventive step. An invention which does not comply with these conditions shll not e the suject of vlid ptent. A ptent declred invlid ecuse the invention does not comply with these conditions shll e considered invlid initio. Article 2 The Contrcting Sttes shll not e ound to provide for the grnt of ptents in respect of: inventions the puliction or exploittion of which would e contrry to ordre pulic or morlity, provided tht the exploittion shll not e deemed to e so contrry merely ecuse it is prohiited y lw or regultion; plnt or niml vrieties or essentilly iologicl processes for the production of plnts or nimls; this provision does not pply to micro-iologicl processes nd the products thereof. Article 3 An invention shll e considered s susceptile of industril ppliction if it cn e mde or used in ny kind of industry including griculture.

3 3 ETS 47 Unifiction Lw of Ptents, 27.XI.1963 Article 4 1 An invention shll e considered to e new if it does not form prt of the stte of the rt. 2 Suject to the provisions of prgrph 4 of this rticle, the stte of the rt shll e held to comprise everything mde ville to the pulic y mens of written or orl description, y use, or in ny other wy, efore the dte of the ptent ppliction or of foreign ppliction, the priority of which is vlidly climed. 3 Any Contrcting Stte my consider the contents of pplictions for ptents mde, or of ptents grnted, in tht Stte, which hve een officilly pulished on or fter the dte referred to in prgrph 2 of this rticle, s comprised in the stte of the rt, to the extent to which such contents hve n erlier priority dte. 4 A ptent shll not e refused or held invlid y virtue only of the fct tht the invention ws mde pulic, within six months preceding the filing of the ppliction, if the disclosure ws due to, or in consequence of: n evident use in reltion to the pplicnt or his legl predecessor, or the fct tht the pplicnt or his legl predecessor hs displyed the invention t officil, or officilly recognised, interntionl exhiitions flling within the terms of the Convention on interntionl exhiitions signed t Pris on 22nd Novemer 1928 nd mended on 10th My Article 5 An invention shll e considered s involving n inventive step if it is not ovious hving regrd to the stte of the rt. However, for the purposes of considering whether or not n invention involves n inventive step, the lw of ny Contrcting Stte my, either generlly or in reltion to prticulr clsses of ptents or ptent pplictions, for exmple ptents of ddition, provide tht the stte of the rt shll not include ll or ny of the ptents or ptent pplictions mentioned in prgrph 3 of Article 4. Article 6 Any Contrcting Stte which does not pply the provisions of prgrph 3 of Article 4 shll nevertheless provide tht no invention shll e vlidly protected in so fr s it includes mtter which is or hs een vlidly protected y ptent in tht Stte which, though not comprised in the stte of the rt, hs, in respect of tht mtter, n erlier priority dte. Article 7 Any group of Contrcting Sttes who provide for common ptent ppliction my e regrded s single Stte for the purposes of prgrph 3 of Article 4, or of Article 6. Article 8 1 The ptent ppliction shll contin description of the invention with the necessry drwings referred to therein nd one or more clims defining the protection pplied for.

4 4 ETS 47 Unifiction Lw of Ptents, 27.XI The description must disclose the invention in mnner sufficiently cler nd complete for it to e crried out y person skilled in the rt. 3 The extent of the protection conferred y the ptent shll e determined y the terms of the clims. Nevertheless, the description nd drwings shll e used to interpret the clims. Article 9 1 This Convention shll e open for signture y the memer Sttes of the Council of Europe. It shll e suject to rtifiction or cceptnce. Instruments of rtifiction or cceptnce shll e deposited with the Secretry Generl of the Council of Europe. 2 This Convention shll enter into force three months fter the dte of deposit of the eighth instrument of rtifiction or cceptnce. 3 In respect of signtory Stte rtifying or ccepting susequently, the Convention shll come into force three months fter the dte of deposit of its instrument of rtifiction or cceptnce. Article 10 1 After the entry into force of this Convention, the Committee of Ministers of the Council of Europe my invite ny memer of the Interntionl Union for the Protection of Industril Property which is not memer of the Council of Europe to ccede thereto. 2 Such ccession shll e effected y depositing with the Secretry Generl of the Council of Europe n instrument of ccession which shll tke effect three months fter the dte of its deposit. Article 11 1 Any Contrcting Prty my, t the time of signture or when depositing its instrument of rtifiction, cceptnce or ccession, specify the territory or territories to which this Convention shll pply. 2 Any Contrcting Prty my, when depositing its instrument of rtifiction, cceptnce or ccession or t ny lter dte, y notifiction ddressed to the Secretry Generl of the Council of Europe, extend this Convention to ny other territory or territories specified in the declrtion nd for whose interntionl reltions it is responsile or on whose ehlf it is uthorised to give undertkings. 3 Any declrtion mde in pursunce of the preceding prgrph my, in respect of ny territory mentioned in such declrtion, e withdrwn ccording to the procedure lid down in Article 13 of this Convention. Article 12 1 Notwithstnding nything in this Convention, ech Contrcting Prty my, t the time of signture or when depositing its instrument of rtifiction, cceptnce or ccession, temporrily reserve, for the limited period stted elow, the right:

5 5 ETS 47 Unifiction Lw of Ptents, 27.XI.1963 not to provide for the grnt of ptents in respect of food nd phrmceuticl products, s such, nd griculturl or horticulturl processes other thn those to which prgrph of Article 2 pplies; to grnt vlid ptents for inventions disclosed within the six months preceding the filing of the ppliction, either, prt from the cse referred to in prgrph 4. of Article 4, y the inventor himself, or, prt from the cse referred to in prgrph 4. of Article 4, y third prty s result of informtion derived from the inventor. 2 The limited period referred to in prgrph 1 of this rticle shll e ten yers in the cse of su-prgrph nd five yers in the cse of su-prgrph. It shll strt from the entry into force of this Convention for the Contrcting Prty considered. 3 Any Contrcting Prty which mkes reservtion under this rticle shll withdrw the sid reservtion s soon s circumstnces permit. Such withdrwl shll e mde y notifiction ddressed to the Secretry Generl of the Council of Europe nd shll tke effect one month from the dte of receipt of such notifiction. Article 13 1 This Convention shll remin in force indefinitely. 2 Any Contrcting Prty my, in so fr s it is concerned, denounce this Convention y mens of notifiction ddressed to the Secretry Generl of the Council of Europe. 3 Such denuncition shll tke effect six months fter the dte of receipt y the Secretry Generl of such notifiction. Article 14 The Secretry Generl of the Council of Europe shll notify the memer Sttes of the Council, ny Stte which hs cceded to this Convention nd the Director of the Interntionl Bureu for the Protection of Industril Property of: c ny signture; ny deposit of n instrument of rtifiction, cceptnce or ccession; ny dte of entry into force of this Convention; d ny declrtion nd notifiction received in pursunce of the provisions of prgrphs 2 nd 3 of Article 11; e ny reservtion mde in pursunce of the provisions of prgrph 1 of Article 12; f g the withdrwl of ny reservtion crried out in pursunce of the provisions of prgrph 3 of Article 12; ny notifiction received in pursunce of the provisions of prgrph 2 of Article 13 nd the dte on which denuncition tkes effect.

6 6 ETS 47 Unifiction Lw of Ptents, 27.XI.1963 In witness whereof the undersigned, eing duly uthorised thereto, hve signed this Convention. Done t Strsourg, this 27th dy of Novemer 1963, in English nd in French, oth texts eing eqully uthorittive, in single copy which shll remin deposited in the rchives of the Council of Europe. The Secretry Generl shll trnsmit certified copies to ech of the signtory nd cceding Sttes nd to the Director of the Interntionl Bureu for the Protection of Industril Property.