European Patent Convention - History

History

In September 1949, French Senator Henri Longchambon proposed to the Council of Europe the creation of a European Patent Office. His proposal, known as the "Longchambon plan", marked the beginning of the work on a European patent law aimed at a "European patent". His plan was however not found to be practicable by the Council's Committee of Experts in patent matters. The meetings of the Committee nevertheless led to two Conventions, one on the formalities required for patent applications (1953) and one on the international classification of patent (1954). The Council's Committee then carried on its work on substantive patent law, resulting in the signature of the Strasbourg Patent Convention in 1963.

In 1973, the Munich Diplomatic Conference for the setting up of a European System for the Grant of Patents took place and the Convention was then signed in Munich (the Convention is sometimes known as the Munich Convention). The signature of the Convention was the accomplishment of a decade-long discussion during which Kurt Haertel, considered by many as the father of the European Patent Organisation, and François Savignon played a decisive role.

The Convention entered into force on 7 October 1977 for the following first countries: Belgium, Germany (then West Germany), France, Luxembourg, Netherlands, Switzerland and United Kingdom, and on 1 May 1978 for Sweden. However, the first patent applications were filed on 1 June 1978 (date fixed by the Administrative Council which held its first meeting on 19 October 1977). Subsequently, other countries have joined the EPC.

The EPC is separate from the European Union (EU), and its membership is different; Switzerland, Liechtenstein, Turkey, Monaco, Iceland, Norway, Croatia, the Republic of Macedonia, San Marino, Albania and Serbia are members of the EPO but are not members of the EU. The Convention is, as of October 2010, in force in 38 countries. Serbia became the 38th state on 1 October 2010.

In addition to the Contracting States, States may also conclude a cooperation agreement with the EPO, known as an extension agreement. The state then becomes "extension state", which means European patents granted by the EPO may be extended to those countries by the payment of additional fees and completion of certain formalities. As of October 2010, Bosnia and Herzegovina, and Montenegro have extension agreements with the EPO so that, in effect, these states can be designated in a European patent application.

A diplomatic conference was held in November 2000 in Munich to revise the Convention, amongst other things to integrate in the EPC new developments in international law and to add a level of judicial review of the Boards of Appeal decisions. The revised text, informally called the EPC 2000, entered into force on 13 December 2007.