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Патентный поверенный Кондратюк Игорь Викторович

ПАТЕНТЫ В УКРАИНЕ

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The Application of the European Patent Convention

Decree on the Implementation of Law No. 77–683 of June 30, 1977,
on the Application of the European Patent Convention








(No. 78–1011 of October 10, 1978, as amended
by Decree No. 79–822 of September 19, 1979
1)*








Chapter I
Filing of the European Patent Application with the National Institute
of Industrial Property








1. The regional centers of the National Institute of Industrial Property (Institut national de la propriété industrielle) with which European patent applications may be filed shall be designated by order of the Minister responsible for industrial property.







2. Where the filing is effected at a regional center, the documents in the application file, together with a duplicate of the receipt referred to in Rule 24(2) of the Implementing Regulations to the European Patent Convention, shall be transmitted to the headquarters of the National Institute of Industrial Property.







3. Filing by post shall be effected under the conditions set forth in the second paragraph of Section 1 of the Decree of September 19, 1979.







Chapter II
European Patent Applications with Defense Implications








4. The provisions of Chapter II of the aforementioned Decree of September 19, 1979, with the exception of Section 23, shall be applicable to European patent applications filed with the National Institute of Industrial Property, in consideration of the provisions of Sections 8 and 9 of the aforementioned Law of June 30, 1977.







Chapter III
Conversion of the European Patent Application
into a French Patent Application








5. Conversion of the European patent application into a French patent application shall take place on receipt of the request by the National Institute of Industrial Property. A registration number shall be assigned to it.







Subject to the provisions of Sections 8 and 9 of the aforementioned Law of June 30, 1977, a mention of the conversion shall be published in the Official Bulletin of Industrial Property within a month following receipt of the request. The mention shall include such particulars as are necessary for the identification of the patent application.







Within two months following the date of the publication referred to in the foregoing paragraph or, in the case of patent applications that cannot be made public, following the date of the request for conversion, the applicant must submit proof of payment of the fees prescribed in Section 17 and, if necessary, the translation in French of the original text of the European patent application, as well as, where appropriate, of the text as amended in the course of the procedure before the European Patent Office.







The patent grant procedure shall be conducted on the basis of the original text of the patent application or the translation thereof or, where appropriate, on the basis of the text as amended in the course of the procedure before the European Patent Office or the translation thereof.







Where the applicant has neither domicile nor registered office in France, he must, within the same time limit, appoint an agent in France and communicate the name and address of that agent to the National Institute of Industrial Property.







6. If, within the time limit provided for in the third paragraph of Section 5, one of the conditions specified in that paragraph has not been met, the patent application shall be rejected by a decision of the Director of the National Institute of Industrial Property, with a statement of grounds, which decision shall be notified to the applicant; the fees paid shall be refunded.







7. The provisions of Sections 5 and 6 shall be applicable to utility certificates.







Chapter IV
Translation of the European Patent and of the Claims
under the European Patent Application








8. The translation in French of the text of the European patent application, provided for in Section 1 of the aforementioned Law of June 30, 1977, shall be submitted within a period of three months from the date of publication in the European Patent Bulletin of the mention of the grant of the patent, as referred to in Article 97(4) of the European Patent Convention and, where appropriate, of the mention of the opposition decision as referred to in Article 103 thereof. The translation shall be accompanied by proof of payment of the prescribed fee.







9. A mention of the submission of the translation of the text of the European patent shall be published in the Official Bulletin of Industrial Property within one month following the date on which it was submitted. This mention shall include the particulars necessary for the identification of the patent.







As from the day of publication of the mention referred to in the foregoing paragraph, any person may inspect the text of the translation free of charge at the National Institute of Industrial Property and receive a copy of it at his expense.







10. A mention of failure to submit the translation of the European patent, or of failure to pay the prescribed fee within the period provided for in Section 8 shall be published in the Official Bulletin of Industrial Property. This mention shall include the particulars necessary for the identification of the patent. The fee paid shall be refunded.







11. The translation of the claims of the European patent application, referred to in Section 3 of the aforementioned Law of June 30, 1977, shall be established by the applicant. The text thereof shall be submitted to the National Institute of Industrial Property by the applicant together with a request for publication and proof of payment of the prescribed fee. The provisions of Section 9 shall apply.







The request for publication shall be declared unacceptable if it is not accompanied by proof of payment of the prescribed fee.







12. The provisions of Section 11 shall apply to the production of the revised translation of the text of the European patent or the claims under the European patent application, as provided in the second paragraph of Section 4 of the aforementioned Law of June 30, 1977.







Chapter V
National Patent Register








13. The following shall be entered ex officio in the National Patent Register:







(a)     the final decision, referred to in Section 6;







(b)     failure to submit the translation or to pay the prescribed fee, referred to in Section 10;







(c)     submission of the translation and of the revised translation of the text of the European patent, referred to in Sections 8 and 12;







(d)     submission of the translation and of the revised translation of the claims under the European patent application, referred to in Sections 11 and 12.







14. Judicial decisions under Sections 12 and 14 of the aforementioned Law of June 30, 1977, that have become res judicata shall be entered free of charge in the National Patent Register at the request of the clerk of the court, or at the request of one of the parties to the proceedings.







Chapter VI
Fees and Charges








15. The annual fees provided for in Section 41 of the Law of January 2, 1968,2 for the patent application resulting from the conversion of a European patent application, effected under the conditions specified in Sections 5 to 7, shall be payable only for the years following that during which the European patent application is deemed to have been converted. The annual fee payable shall be calculated as from the same date as that on which the European patent application was originally filed.







16. The annual fees provided for in Section 41 of the aforementioned Law of January 2, 1968, that are payable for the European patent must be paid under the conditions specified in Article 141 of the European Patent Convention. These fees shall be calculated as from the same date as that on which the European patent application was originally filed.







Where the payment of an annual fee has not been effected on the expiration of the time limit referred to in Article 141(2) of the European Patent Convention, that fee may be validly paid within a further period of six months, subject to payment of a surcharge within the same period.







17. The prescribed fees referred to in the third paragraph of Section 5 of this Decree are the application fee and, where appropriate, the fee for the establishment of the documentary report, provided for in Sections 94 and 95 of the aforementioned Decree of September 19, 1979.







In the case provided for in the third paragraph of Section 11 of the aforementioned Law of June 30, 1977, the fee provided for in Section 95 of the aforementioned Decree shall not be payable.







18. The publication of each of the translations and revised translations mentioned in Sections 8, 11 and 12 shall give rise to the payment of a fee which shall be payable on submission of the translation.







19. Charges shall be made for the preparation and dispatch of the copies of the European patent application referred to in Article 136(2) of the European Patent Convention.







20. The procedure for the collection of the fees and charges provided for in Sections 18 and 19, and their amount, shall be specified under the conditions laid down in Section 107 of the aforementioned Decree of September 19, 1979.







Chapter VII
Miscellaneous Provisions








21. The provisions of Sections 109 to 115 and 120 to 122 of the aforementioned Decree of September 19, 1979, shall apply to the decision, the notification and the time limits provided for in this Decree.







22. The Keeper of the Seals, Minister of Justice, the Minister for Health and Family Affairs, the Minister of the Interior, the Minister for Foreign Affairs, the Minister of Defense, the Minister for Economic Affairs, the Minister for Budgetary Affairs and the Minister for Industry shall be responsible, each as far as he or she is concerned, with the application of this Decree, which shall be published in the Official Journal of the French Republic.

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