Epo Wipo Agreement

From November 2019, Bosnia and Herzegovina and Montenegro[15] have entered into extension agreements with the EPO, so that these states can in fact be designated in a European patent application. Several other “enlargement countries” are now parties to the EPC. In addition, since 1 March 2015, 1 November 2015, 1 December 2017 and.dem 1 March 2018, “validation agreements” have also been in force with Morocco, Moldova, Tunisia and Cambodia. [16] [24] [17] [18] [25] [19] Another validation agreement was signed with Georgia on October 31, 2019. This agreement has not been in force since 2 October 2020. [26] The European Patent Office (EPO) and the World Intellectual Property Organization (WIPO) have signed a three-year cooperation agreement. The partnership aims to “improve the procedural framework of the Patent Cooperation Treaty (PCT) to increase patent use. In addition, cooperation also focuses on improving the quality and effectiveness of the patenting process, including patent classification and search, as well as improving access to patent information. During the history of the CBE, some non-signatory states have entered into cooperation agreements with the European Patent Organisation, known as prorogation or validation agreements. These states then became “enlargement states” or “validation countries”, meaning that European patents issued by the EPO can be extended to these countries through the payment of additional taxes and the completion of certain formalities. These cooperation agreements are concluded by the President of the European Patent Office, on behalf of the European Patent Organisation, in accordance with Article 33 (4) CBE, are not based on “direct application of the EBE, but only on national law provided for by the EUC”[21] and are available to support the determination of national property rights in these states. [22] As in the EPO`s contracting states, the rights granted to European patents, which are validated/extended to those states, are the same as national patents in those states. However, the extension of a European patent or a European patent application to these states is “not the jurisdiction of the EPO`s boards of appeal.” [23] The European Patent Convention is “a special agreement within the meaning of Article 19 of the Convention on Patent Cooperation, signed in Paris on 20 March 1883 and last revised on 14 July 1967, in the name of Article 19 of the Patent Cooperation Treaty.” [27] The European Patent Convention does not currently result in the granting of central patents in the 38 countries, while the European Union patent would have a unitary effect: central applicability in 24 of the 27 countries of the European Union.

In accordance with Article 11, paragraph 3, point iii), of the agreement between the EPO and WIPO in accordance with the PCT[1], Appendix D, Part 1 and Part II, paragraph 4, the agreement was revised from 1 April 2020.