The European Patent Convention 2000, providing Europe with a new legal framework for patent protection, recently entered into force – a decade after it was first agreed that the system needed an overhaul.

The revised European Patent Convention (EPC), coming after years of intensive negotiations, is the result of a diplomatic conference in autumn of 2000 and a seven-year ratification process. The Convention governs the granting of European patents by the EPO and applies throughout the 32 member states of the European Patent Organization.

The original Convention dates back to 1973. In 1998, the EC reached an agreement to review potential legal and technical changes to the EPC. Intensive discussions followed before the EPC Final Act was finalized in 2000, during which it was agreed that once the 15^th contracting state had ratifies and acceded to the revised text, the EPC 2000 would come into force two years later. Greece was the 15^th state to do so on December 13, 2005.

"The new Convention is a further milestone in international patent law in Europe", said EPO President Alison Brimelow. "It simplifies access to Europe-wide patent protection and makes procedures before the EPO easier for applicants and patent proprietors, while maintaining the Office's reliable structures and high quality standards.”

The revised version takes account of significant developments in international patent law. According to Brimelow, "The new EPC can also be adapted to new legal developments, in particular to future Community law, more easily than the old convention.” Many amendments can now be adopted by the Organization's Administrative Council itself, without the need for the member states to hold a full diplomatic conference.

EPC 2000 strengthens applicants' rights:

·         Patent applications can be filed in any language, though subsequently a translation has to be submitted in English, French or German.

·         Means of redress are available if time limits are missed during the examination procedure, and they do not cause any delays in proceedings.

·         The limitation procedure lets patent holders restrict the scope of their patents of their own accord, in central proceedings before the EPO and with effect for all the contracting states. In case of nullity suits, they can go to the Board of Appeal – now with expanded authority – if they determine the existence of procedural violations during the first phase.

The revised EPC also expands the power of the supervisory board (representatives of the national patent offices, patent courts and the EPO): Changes in the conditions for the granting of patents no longer has to go through a complex ratification procedure by all EPO member states. Instead, the board can change large parts of the European Patent Convention on its own authority.

One change, a particularly controversial issue, was not included in EPC 2000 – the countries involved in the negotiations decided, against a proposal by the supervisory board of the EPO, not to change the regulations in the 1973 convention on the patentability of software and, thus, in principle, not to grant IP rights to computer programs. This means software and data-processing systems “as such” cannot be patented.

All 32 current EPC contracting states have now acceded to the new convention, together with Norway and Croatia, which are due to join the European Patent Organization on January 1, 2008.