European patent law |
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European Patent Organisation |
European Union |
Eurasian Patent Organization |
Centralization and harmonization |
Historical proposals |
The Eurasian Patent Organization (EAPO) is an international organization set up in 1995 by the Eurasian Patent Convention (EAPC) to grant Eurasian patents. The official language of the EAPO is Russian and its current president is Saule Tlevlessova. [1] The headquarters of the EAPO is in Moscow, Russia.
As of February 2021, the following 8 countries are contracting states to the EAPC and therefore members of the Eurasian Patent Organization: [2]
Moldova is a former member state of the Eurasian Patent Organization. On 26 October 2011, Moldova denounced the Eurasian Patent Convention, meaning that, since 26 April 2012, it is no longer party to the Convention. [3] In December 2011, negotiations on a "validation and co-operation agreement" between the European Patent Office (EPO) and Moldova were authorized by the Administrative Council of the European Patent Organisation. [4] The validation agreement with Moldova took effect on 1 November 2015. [5]
Although Moldova left the Eurasian Patent Organization, the Intellectual Property Agency of Moldova signed a Cooperation Agreement between Moldova and the Eurasian Patent Office in 2017. [6]
Although Ukraine and Georgia were original signatories to the Eurasian Patent Convention, they have not ratified it. [7] [8]
In 2019, negotiations between the European Patent Office (EPO) and Georgia were expected to result in a validation agreement, similar to the one existing between the EPO and Moldova. [9]
The EAPO cooperates with other patent organizations and has signed memorandums of understanding with the following: [10]
The Patent Prosecution Highway Programme (PPH Programme) constitutes bilateral agreements between the Eurasian Patent Office and other patent offices designed to provide applicants with opportunities to get a patent faster and more efficiently, in one of the participating patent offices. The programme allows for an accelerated examination of patents compared to applications from non-participating patent offices. Currently, partner offices participating in the programme include the Japan Patent Office, European Patent Office, China National Intellectual Property Administration, Korean Intellectual Property Office, and the Finnish Patent and Registration Office. [11]
In addition, according to its own web site, the EAPO maintains various agreements on the exchange of patent documentation with 38 countries across Asia, Europe, and North America. [12]
The Commonwealth of Independent States (CIS) is a regional intergovernmental organization in Eurasia. It was formed following the dissolution of the Soviet Union in 1991. It covers an area of 20,368,759 km2 (7,864,422 sq mi) and has an estimated population of 239,796,010. The CIS encourages cooperation in economic, political, and military affairs and has certain powers relating to the coordination of trade, finance, lawmaking, and security, including cross-border crime prevention.
The European Patent Office (EPO) is one of the two organs of the European Patent Organisation (EPOrg), the other being the Administrative Council. The EPO acts as executive body for the organisation while the Administrative Council acts as its supervisory body as well as, to a limited extent, its legislative body. The actual legislative power to revise the European Patent Convention lies with the Contracting States themselves when meeting at a Conference of the Contracting States.
The European Patent Organisation is a public international organisation created in 1977 by its contracting states to grant patents in Europe under the European Patent Convention (EPC) of 1973. The European Patent Organisation has its seat at Munich, Germany, and has administrative and financial autonomy. The organisation is independent from the European Union, and has as member states all 27 EU member states along with 12 other European states.
The European Patent Convention (EPC), also known as the Convention on the Grant of European Patents of 5 October 1973, is a multilateral treaty instituting the European Patent Organisation and providing an autonomous legal system according to which European patents are granted. The term European patent is used to refer to patents granted under the European Patent Convention. However, a European patent is not a unitary right, but a group of essentially independent nationally enforceable, nationally revocable patents, subject to central revocation or narrowing as a group pursuant to two types of unified, post-grant procedures: a time-limited opposition procedure, which can be initiated by any person except the patent proprietor, and limitation and revocation procedures, which can be initiated by the patent proprietor only.
A patent office is a governmental or intergovernmental organization which controls the issue of patents. In other words, "patent offices are government bodies that may grant a patent or reject the patent application based on whether the application fulfils the requirements for patentability."
The Trilateral Patent Offices, or simply the Trilateral Offices, are the European Patent Office (EPO), the Japan Patent Office (JPO) and the United States Patent and Trademark Office (USPTO). In 1983, these patent offices set up a programme of co-operation in an effort to "improve efficiency of the global patent system".
The London Agreement, formally the Agreement on the application of Article 65 of the Convention on the Grant of European Patents and sometimes referred to as the London Protocol, is a patent law agreement concluded in London on 17 October 2000 and aimed at reducing the translation costs of European patents granted under the European Patent Convention (EPC). The London Agreement is an agreement between some member states of the European Patent Organisation, and has not altered other language requirements applying to European patent applications prior to grant.
European patent law covers a range of legislations including national patent laws, the Strasbourg Convention of 1963, the European Patent Convention of 1973, and a number of European Union directives and regulations. For some states in Eastern Europe, the Eurasian Patent Convention applies.
The Eurasian Patent Convention is an international patent law treaty instituting both the Eurasian Patent Organization (EAPO) and the legal system pursuant to which Eurasian patents are granted. It was signed on 9 September 1994 in Moscow, Russia, and entered into force on 12 August 1995.
The Korean Intellectual Property Office (KIPO) is the patent office and intellectual property office of South Korea. In 2000, the name of the office was changed from "Korean Industrial Property Office" to "Korean Intellectual Property Office". It is located in Daejeon Metropolitan City.
The Patent Prosecution Highway (PPH) is a set of initiatives for providing accelerated patent prosecution procedures by sharing information between some patent offices. It also permits each participating patent office to benefit from the work previously done by the other patent office, with the goal of reducing examination workload and improving patent quality.
The Administrative Council of the European Patent Organisation is one of the two organs of the European Patent Organisation (EPOrg), the other being the European Patent Office (EPO). The Administrative Council acts as the Organisation's supervisory body as well as, to a limited extent, its legislative body. The actual legislative power to revise the European Patent Convention (EPC) lies with the Contracting States themselves when meeting at a Conference of the Contracting States. In contrast, the EPO acts as executive body of the Organisation.
Benoît Battistelli is a French civil servant, former president of the European Patent Office (EPO) (2010-2018), and former head of the French National Industrial Property Institute (INPI).
European patent law is characterized by the coexistence of
The Organisation Africaine de la Propriété Intellectuelle or OAPI is an intellectual property organization, headquartered in Yaoundé, Cameroon. The organisation was created by Bangui Agreement of March 2, 1977. The Bangui Agreement was subsequently amended in 1999.
The African Regional Intellectual Property Organization (ARIPO), formerly African Regional Industrial Property Organization, is an intergovernmental organization for cooperation among African states in patent and other intellectual property matters. ARIPO was established by the Lusaka Agreement of 1976. It has the capacity to hear applications for patents and registered trademarks in its member states who are parties to the Harare (patents), Banjul (marks) and Arusha protocols. ARIPO also features a protocol on the protection of traditional knowledge, the Swakopmund Protocol, signed in 2010 by 9 member states of the organization which entered into force on May 11, 2015, and was amended on December 6, 2016.
Intellectual property organizations are organizations that are focused on copyrights, trademarks, patents, or other intellectual property law concepts. This includes international intergovernmental organizations that foster governmental cooperation in the area of copyrights, trademarks and patents, as well as non-governmental, non-profit organizations, lobbying organizations, think tanks, notable committees, and professional associations.
IP5 is a forum of the five largest intellectual property offices in the world. The five patent offices are the US Patent and Trademark Office (USPTO), the European Patent Office (EPO), the Japan Patent Office (JPO), the Korean Intellectual Property Office (KIPO), and the National Intellectual Property Administration in China.
The Intellectual Property Agency of Armenia (AIPA) is the patent office of Armenia. The agency works under the supervision of the Ministry of Economy of Armenia and is tasked with granting patent and IP address protections, trademarks, and copyrights for objects of industrial property, inventions and usage patterns, industrial design, and commercial and service marks, among others.
Finally, in its 160th meeting, the Council unanimously authorised the President to conclude a validation agreement with Georgia.