European Patent Convention - Relation With The Patent Cooperation Treaty

Relation With The Patent Cooperation Treaty

A European patent application may result from the filing of an international application under the Patent Cooperation Treaty (PCT) and the entry into "European regional phase". The European patent application is therefore said to be a "Euro-PCT application" and the EPO is said to act as a designated or elected Office. In case of conflict between the provisions of the EPC and those of the PCT, the provisions of the PCT and its Regulations prevail over those of the EPC.

Eleven EPC Contracting States, namely Belgium, Cyprus, France, Greece, Ireland, Italy, Latvia, Malta, Monaco, the Netherlands and Slovenia have "closed their national route". This means that it is no longer possible to obtain a national patent protection through the international (PCT) phase without entering into the regional European phase and obtaining a European patent. Lithuania will also "close its national route" on 4 September 2014.

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