The revised European Patent Convention, while posing little change in terms of substantive patent law – meaning what is patentable and what is not – poses a number of refinements in procedural practice compared to its predecessor, the EPC 1973, which had governed patent practice to this date. At the same time, the EPC retains the high key standards and time-tested structure for which the European patent system is known.
EPC 2000 aligns EPO practice with international developments by reflecting the latest status quo in international patent law, such as the Agreement on Trade Related Aspects of International Property Rights (TRIPS) of the World Trade Organisation and standards of the Patent Law Treaty. Some provisions have been deleted and other simplified to achieve shorter processing times and more flexible procedures. At the same time, new provisions contribute to improving its legal certainty and strengthen the rights of applicants.
EPC 2000 also boasts a more flexible structure that allows it to be amended easily in the context of future developments in patent law and litigation. Many such amendments can now be made directly through the Administrative Council and no longer require specific diplomatic conferences of the member states.
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