SONN Patentanwälte – IP Attorneys

From July 1, 2002: European Patents may be filed for the Slowak Republic, Bulgaria, the Czech Republic and Estonia

After the governments of the Slowak Republic, Bulgaria, the Czech Republic and Estonia deposited their instruments of accession to the European Patent Convention (EPC), the EPC will accordingly enter into force for these states on July 1, 2002.

As of July 1, 2002 onwards a European patent can therefore be granted for the following 24 member states:
Austria, Belgium, Bulgaria, Cyprus, the Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Ireland, Italy, Liechtenstein, Luxembourg, Monaco, the Netherlands, Portugal, Slovakia, Spain, Sweden, Switzerland, Turkey and the United Kingdom.

European patent applications filed on or after July 1, 2002 include the designations of the new member states, because the prescribed Request for Grant form automatically includes the designation of all possible member states. However, it is not possible to designate these states retroactively in applications filed before that date.

To allow the new member states to be designated, however, the EPO will accord European patent applications filed in June 2002 the filing date of July 1, 2002 if the applicant expressly requests that filing date when filing the application.

Since all the new member states are PCT contracting states, their nationals and persons having their principal place of business or residence in any of them will also be entitled, as of July 1, 2002, to file international applications with the European Patent Office as receiving Office. Furthermore, the states may be designated for a European patent in international applications filed on or after July 1, 2002. If the European patent designation box ("EP") is selected in the PCT request, that designation will automatically include the new member states.