WORLD TRADE 
ORGANIZATION 
Council for Trade-Related Aspects 
of Intellectual Property Rights IP/N/I/EEC/P/2 
17 April 1996 
(96-1402) 
Original: EnglishlFrench/Spanish 
MAIN DEDICATED INTELLECTUAL PROPERTY LAWS AND REGULATIONS 
NOTIFIED UNDER ARTICLE 63.2 OF THE AGREEMENT 
European Communities 
The present document reproduces the text of the Agreement 89/695/EEC of 15 December 1989 
on Community Patents, as notified by the European Communities under Article 63.2 of the Agreement 
(see document IP IN 11 IEECI 1 IRev .1). 30. 12. 89 IP 1Nl 1 IEEC/P 12 
Page 2 
Official Journal of the European Communities 
II 
(Acts whose publication is not obligatory) 
COUNCIL 
AGREEMENT RELATING TO COMMUNITY PATENTS 
Done at Luxembourg on 15 December 1989 
(89/695/EEC) 
PREA;\1BLE 
THE HIGH CONTRACTI0:G PARTIES to the Treaty est:1blishing rhe European Economic Community, No L 40111 
DESIRI:KG to give unitary and autonomous effect to European patents granted in respect of their territories under 
the Convention on the Grant of European Patents of 5 October 1973; 
ANXIOUS to establish a Community patent system which contributes to the attainment of the objectives of the 
Treaty establishing the European Economic Community and in particular to the elimination within the 
Community of the distortion of competition which m3Y result from the rerritorial aspect of national protection 
rights; 
CONSIDERI:KG that one of the fundamental objectives of the Treaty esrablishing rhe European Economic 
Community is the abolirion of obstacles to the free movement of goods; 
CONSIDERING that one of the most suitable me3ns of ensuring that this objective will be achieved, as regards the 
free movement of goods protected by patents, is the creation of a Community patent system; 
CONSIDERING that the creation of such a Community patent system is therefore inseparable from the attainment 
of the objecrives of the Treary and thus linked with the Community legal order; 
CONSIDERING that it is necessary for these purposes for the High Contracting Parties to conclude an Agreement 
which constitures a special agreement within the meaning of Article 142 of rhe Convention on the Grant of 
European Parents, a regional patent treaty within the meaning of Article 45 (1) of the Patent Cooperarion Treaty 
of 19 June 1970, and a special agreement within the meaning of Article 19 of the Convention for the Protection of 
Industrial Property, signed in Paris on 20 l\1arch 1883 and last revised on 14 July 1967; 
CONSIDERING that the achievement of a common market which offers conditions similar to those of a national 
market necessitates the crearion of legal instruments which enable enterprises to adapt their production and 
distriburion activities to European scales; 
CONSIDERING that the problem of dealing effectively with actions relating to Community patents and the 
problems arising from the separation of jurisdicrion created by the Community Patent Convention as signed at 
Luxembourg on 15 December 1975 in respecr of infringement and validity of Community patents will best be 
solved by giving jurisdiction in actions for infringement of 3 Community patent to national courts of first instance 
designated as Community patent courts which can at the same time consider the validity of the p:ltent in suit and, 
where necessary, amend or revoke ir; and that an appeal to n3tional courts of second instance designated as 
Community patent courts should lie from judgments of these courtS; JP IN I l/EEC/P/2 
Page 3 
NoL401/2 Official Journal of the European Communities 30. 12. 89 
CONSIDERI0:G, however, that uniform applicJtion of the law on infringement and \'alidity of Community 
patents requires the setting up of a Community patent appeal coun common [0 the Contracting States (Common 
Appeal Court) to hear on appeal referrals on questions of infringement and validity from the Community patent 
courts of second instance; 
CONSIDERI~G that the same requirement of uniform application of the law leJds to conferral upon the Common 
Appeal Court of jurisdiction to decide on appeals from the Revocation Divisions Jnd the Patent Administration 
Division of the European Patent Office, thus repbcing the Revocation Boards pro\'ided for in the Community 
Patent Convention as signed on 15 December 1975; 
CONSIDERI0:G rh:1t it is essential that the application of this Agreement must not operate ag.linst the application 
of the provisions of the Treaty estJblishing the European Economic Community and that the COUrt of Justice of the 
European Communities must be able to ensure the uniformity of the Community legal order; 
ANXIOUS [0 promote the completion of the internal market and the establishment of a European technological 
community by means of the Community patent; 
CONVINCED therefore thJt the conclusion of this Agreement is necessary to E.lcilitare the ;lchievemenr of the 
tasks of the European Economic Community, 
HAVE AGREED AS FOLLO\'V'S: 
Article 1 
Contents of the Agreement 
1. The Convention for the European Patent for the 
common market signed at Luxembourg on 15 December 
1975, hereinafter referred to as 'the Community Patent 
Convention', as amended by this Agreement, shall be 
annexed hereto. 
2. The Community Patent Convention shall be 
supplemented by the following Protocols annexed to this 
Agreement: 
Protocol on the Settlement of Litigation concerning the 
Infringement and Validity of Community Patents, 
hereinafter referred to as 'the Protocol on Litigation', 
Protocol on Privileges and Immunities of the Common 
Appeal Court, 
Protocol on the Statute of the Common Appeal Court. 
3. The Annexes to this Agreement shall form an integral 
part thereof. 
4. On entry into force of this Agreement, it shall replace 
the Community Patent Convention in the form signed at 
Luxembourg on 15 December 1975. 
Article 2 
Relationship with the Community legal order 
1. No provision of this Agreement may be invoked 
against the application of the Treaty establishing the 
European Economic Community. 2. In order to ensure the uniformity of the Community 
legal order, the Common Appeal Court established by the 
Protocol on Litigation shall request the Court of Justice of the 
European Communities to give a preliminary ruling in 
accordance with Article 177 of the Treaty establishing the 
European Economic Community whenever there is a risk of 
an interpretation of this Agreement being inconsistent with 
that Treaty. 
3. Where a Member State or the Commission of the 
European Communities considers that a decision of the 
Common Appeal Court which closes the procedure before it 
does not comply with the principle stated in the foregoing 
paragraphs, it may request the Court of Justice of the 
European Communities to give a ruling. The ruling given by 
the Court of Justice in response to such request shall not 
affect the decision by the Common Appeal Court which gave 
rise to the request. The Registrar of the Court of Justice shall 
give notice of the request to the Member States, to the 
Council and, if the request is made by a Member State, the 
Commission of the European Communities; they shall then 
be entitled within two months of the notification to submit 
statements of case or \vritten observations to the Court. No 
fees shall be levied or any costs or expenses awarded in 
respect of the proceedings provided for in this paragraph. 
Article 3 
Interpretation of provisions on jurisdiction 
1. The Court of Justice of the European Communities 
shall have jurisdiction to give preliminary rulings concerning 
the interpretation of the provisions on jurisdiction applicable 
to actions relating to Community patents brought before 
national courts, contained in Part VI, Chapter I, of the 
Community Patent Convention and in the Protocol on 
Litigation. IP 1Nl 1 IEEC/P 12 
Page 4 
30. 12. 89 Official Journal of the European Communities NoL401/3 
2. The following courts shall have the power to request 
rhe Court of Justice to give a preliminary ruling on any 
question of interpretation as defined in paragraph 1: 
(a) -in Belgium: la Cour de cassation (het Hof van 
Cassatie) and le Conseil d'Etat (de Raad van 
State) , 
in Denmark: Hojesteret, 
in the Federal Republic of Germany: die obersten 
GerichtshOfe des Bundes, 
in Greece: 'ra avw"Ca"Ca ~tKa(H~pta, 
in Spain: el Tribunal supremo, 
in France: la Cour de cassation and le Conseil 
d'Etat, 
in Ireland: an Chuirt Uachtarach (the Supreme 
Court), 
in Italy: la Corte suprema di cassazione, 
in Luxembourg: la Cour superieure de justice when 
sitting as Cour de cassation, 
in the Netherlands: de Hoge Raad, 
in Portugal: 0 Supremo Tribunal de Justi~a, 
in the United Kingdom: the House of Lords; 
(b) the courtS of the Contracting States v .. ·hen ruling on 
appeals. 
3. \X'here such a question is raised in a case before one of 
the courts listed in paragraph 2 (a), that court must, if it 
considers that a decision on the question is necessary to 
enable it to give a judgment, request the Court of Justice to 
give a ruling thereon. 
4. Where such a question is raised before one of the courtS 
referred to in paragraph 2 (b), that court may, under the 
conditions laid do\vn in paragraph 1, request the Court of 
Justice to giv-e a ruling thereon. 
Article 4 
Rules of Procedure of the Court of Justice 
1. The Protocol on the Statute of the Court of Justice of 
the European Economic Community and the Rules of 
Procedure of the Court of Justice shall apply to any 
proceedings referred to in Articles 2 and 3. 
2. The Rules of Procedure shall be adapted and 
supplemented, as necessary, in conformity with Article 188 
of the Treaty establishing the European Economic 
Community. 
Article 5 
Jurisdiction of the Common Appeal Court 
Subject to Articles 2 and 3, the Common Appeal Court shall 
ensure uniform interpretation and application of this Agreement and of the provisions enacted in implementation 
thereof, to the extent to which these are not national 
provisions. 
Article 6 
Signing -Ratification 
1. This Agreement shall be open until 21 December 1989 
for signing by the States parties to the Treaty establishing the 
European Economic Community. 
2. This Agreement shall be subject to ratification by the 
12 signatory States. Instruments of ratification shall be 
deposited \vith the Secretary-General of the Council of the 
Europe':ln Communities. 
Article 7 
Accession 
1. This Agreement shall be open to accession by States 
becoming Member States of the European Economic 
Community. 
2. Instruments of accession to this Agreement shall be 
deposited with the Secretary-General of the Council of the 
European Communities. Accession shall take effect on the 
first day of the third month following the deposit of the 
instrument of accession, provided that the ratification by the 
State concerned of the Convention on the Grant of European 
Patents, hereinafter referred to as 'the European Patent 
Convention', or its accession thereto has become effective. 
3. The signatory States hereby recognize that any State 
which becomes a member of the European Economic 
Community must accede to this Agreement. 
4. A special agreement may be concluded between the 
Contracting States and the acceding State to determine the 
details of application of this Agreement necessitated by the 
accession of that State. 
Article 8 
Participation of third States 
The Council of the European Communities may, acting by a 
unanimous decision, invite a State party to the European 
Patent Convention which forms a customs union or a free 
trade area with the European Economic Community to enter 
into negotiations with a view to enabling that third State to 
participate in this Agreement on the basis of a special 
agreement, to be concluded between the Contracting States 
to this Agreement and the third State concerned, determining 
the conditions and details for applying this Agreement to that 
State. IP/N I l/EEC/P/2 
Page 5 
No L 40114 Official Journal of the European Communities 30. 12. 89 
Article 9 
Application to the sea and submarine areas 
This Agreement shall apply to the sea and submarine areas 
adjacent to a territory to which the Agreement applies in 
which one of the Contracting States exercises sovereign rights 
or jurisdiction in accordance with international law. 
Article 10 
Entry into force 
To enter into force this Agreement must be ratified by the 12 
signatory States. It shall enter into force on the first day of the 
third month following the deposit of the instrument of 
ratification by the last such State to take this step. However, 
if the European Patent Convention enters into force on a 
subsequent date in respect of any signatory State to this 
Agreement, the latter shall enter into force on the latest 
subsequent date. 
Article 11 
Observers 
As long as this Agreement has not entered into force in 
respect of a Member State of the European Economic 
Community which is not a signatory to this Agreement, that 
State may take part as an observer in the Select Committee of 
the Administrative Council of the European Patent 
Organization, hereinafter referred to as 'the Select 
Committee' and in the Administrative Committee of the 
Common Appeal Court, hereinafter referred to as 'the 
Administrative Committee', and may appoint a 
representative and an alternate representative to each of these 
bodies for this purpose. 
Article 12 
Duration of the Agreement 
This Agreement is concluded for an unlimited period. 
Article 13 
Revision 
If a majority of the Member States of the European Economic 
Community requests the revision of this Agreement, a 
revision conference shall be convened by the President of the 
Council of the European Communities. The conference shall 
be prepared by the Select Committee or by the Administrative 
Committee, each acting within the limits of its own 
competence. 
Article 14 
Disputes between Contracting States 
1. Any dispute between Contracting States concerning 
the interpretation or application of this Agreement which is not settled by negotiation shall be submitted, at the request of 
one of the States concerned, to the Select Committee or to the 
Administrative Committee as the case may be. The body to 
which the dispute is submitted shall endeavour to bring about 
agreement between the States concerned. 
2. If agreement is not reached within six months from the 
date when the Select Committee or the Administrative 
Committee was seised of the dispute, anyone of the States 
concerned may submit the dispute to the Court of Justice of 
the European Communities. 
3. If the Court of Justice finds that a Contracting State has 
failed to fulfil an obligation under this Agreement, that State 
shall be required to take the necessary measures to comply 
with the judgment of the Court of Justice. 
Article 15 
Definition 
For the purposes of this Agreement 'Contracting State' means 
a State for which the Agreement is in force. 
Article 16 
Original of the Agreement 
This Agreement, dra\'v"n up in a single original in the Danish, 
Dutch, English, French, German, Greek, Irish, Italian, 
Portuguese and Spanish languages, all 10 texts being equally 
authentic, shall be deposited in the archives of the General 
Secretariat of the Council of the European Communities. 
The Secretary-General shall transmit a certified copy to the 
Government of each Member State of the European 
Economic Community. 
Article 17 
Notification 
The Secretary-General of the Council of the European 
Communities shall notify the ~1ember States of the European 
Community of: 
(a) the deposit of each instrument of ratification and 
accession; 
(b) the date of entry into force of this Agreement; 
(c) any reservation or withdrawal of reservation pursuant 
to Article 83 of the Community Patent Convention; 
(d) any notification received pursuant to Article 1 (2) and 
(3) of the Protocol on Litigation. 30. 12. 89 IP IN I l/EEC/P 12 
Page 6 
Official Journal of the European Communities 
En fe de 10 cual los plenipotenciarios abajo firmantes han suscrito el presente Acuerdo. 
Til bekra:ftelse heraf har undertegnede befuldmxgtigede underskrevet denne aftale. 
Zu Urkund dessen haben die unterzeichneten Bevollmachtigten ihre Unterschrift unter diese 
Vereinbarung gesetzt. 
Le: nio,woll ,wv ovw,tpw Ol UTCOypUcpov,e:; TCA.llP£~OUcrlOt t9£crav '11 ureoypacp~ LOUe; KU,W areo TllV 
napoucro ou~cpwvia. No L 401/5 
In witness whereof, the undersigned Plenipotentiaries have affixed their signatures below this 
Agreement. 
En foi de quoi, les plenipotentiaires soussignes ont appose leurs signatures au bas du present 
accord. 
Da fhianu sin, chuir na Lanchumhachtaigh thios-sinithe a lamh leis an gComhaontu seo. 
In fede di che, i plenipotenziari sottoscritti hanno apposto le foro firme in calce al presente 
accordo. 
Ten blijke waarvan de ondergetekende gevolmachtigden hun handtekening onder dit Akkoord 
hebben gesteld. 
Em fe do que, os plenipotenciarios abaixo-assinados apuseram as suas assinaturas no final do presente 
Acordo. 
Hecho en Luxemburgo, el quince de diciembre de mil novecienros ochenta y nueve. 
Udfa:rdiget i Luxembourg, den femtende december nitten hundrede og niogfirs. 
Geschehen zu Luxemburg am funfzehnten Dezember neunzehnhundertneunundachtzig. 
'EYlv£ OTO Aou~e:~poupyo, ow; 5tKa TCtvn: ~£K£~ppiou XiA.lU £vvlUKomo Oy56vLU e:vvta. 
Done at Luxembourg on the fifteenth day of December in the year one thousand nine hundred and 
eighty-nine. 
Fait it Luxembourg, le quinze decembre mil neuf cent quatre-vingt-neuf. 
Arna dheanamh i Lucsamburg, an cuigiu la deag de mhi na Nollag mile naoi gcead ochte a naoi. 
Fano a Lussemburgo, addl quindici dicembre millenovecentonantanove. 
Gedaan te Luxemburg, de vijftiende december negentienhonderd negenentachtig. 
Feito no Luxemburgo, em quinze de Dezembro de mil novecentos e oitenra e nove. No L 401/6 Official Journal of the European Communities 
Pour Sa Majeste le roi des Beiges 
Voor Zijne Majesteit de Koning der Belgen 
For Hendes Majestret Danmarks Dronning 
Fur den Prasidenten der Bundesrepublik Deutschland IP IN I l/EEC/P/2 
Page 7 
30. 12. 89 
Mw--A~ AJ~/-~~~ 
tM~ I~rr-
Por Su Majestad eI Rey de Espana IP 1Nl 1 IEEC/P 12 
Page 8 
30. 12. 89 Official Journal of the European Communities 
Pour le president de la Republique fran'Taise 
For the President of Ireland 
Uachtadn na hEireann 
Per il Presidente deJla Repubblica italiana 
Pour Son Altesse Royale le grand-duc de Luxembourg 
Voor Hare Majesteit de Koningin der Nederlanden 
U ! , I 
/ 
,I No L 40117 No L 401/8 Official Journal of the European Communities 
Pelo Presidenre da Republica Porcuguesa IP/N/I/EEC/P/2 
Page 9 
For Her Majesty the Queen of the United Kingdom of Great Britain and Northern Ireland 30. 12. 89 IP IN 11 IEEC/P 12 
Page 10 
30. 12. 89 Official Journal of the European Communities 
CONVENTION 
FOR THE EUROPEAN PATENT FOR THE COMMON MARKET 
(Community Patent Convention) 
and 
IMPLEMENTING REGULATIONS No L 40119 IP/N I l/EEC/P/2 
Page 11 
No L 401110 Official Journal of the European Communities 30. 12. 89 
CONVENTION 
FOR THE EUROPEAN PATENT FOR THE COMMON MARKET 
(Community Patent Convention) 
PART I 
GENERAL AND INSTITUTIONAL PROVISIONS 
CHAPTER I 
GENERAL PROVISIONS 
Article 1 
Common system of law for patents 
1. A system of law, common to the Contracting States, 
concerning patents for invention is hereby established. 
2. The common system of law shall govern the European 
patents granted for the Contracting States in accordance v,'ith 
the Convention on the Grant of European Patents, 
hereinafter referred to as 'the European Patent Convention', 
and the European patent applications in which such States 
are designated. 
Article 2 
Community patent 
1. European patents granted for the Contracting States 
shall be called Community patents. 
2. Community patents shall have a unitary character. 
They shall have equal effect throughout the territories to 
which this Convention applies and may only be granted, 
transferred, revoked or allowed to lapse in respect of the 
whole of such territories. The same shall apply mutatis 
mutandis to applications for European patents in which the 
Contracting States are designated. 
3. Community patents shall have an autonomous 
character. They shall be subject only to the provisions of this 
Convention and those provisions of the European Patent 
Convention which are binding upon every European patent 
and which shall consequently be deemed to be provisions of 
this Convention. 
Article 3 
Joint designation 
Designation of the States parties to this Convention in 
accordance with Article 79 of the European Patent 
Convention shall be effected jointly. Designation of one or 
some only of these States shall be deemed to be designation of 
all of these States. Article 4 
Setting up of special departments 
The following bodies common to the Contracting States shall 
implement the procedures laid down in this Convention: 
(a) special departments which are set up within the 
European Patent Office and whose work shall be 
supervised by a Select Committee of the Administrative 
Council of the European Patent Organization; 
(b) the Common Appeal Court established by the Protocol 
on the Settlement of Litigation concerning the 
Infringement and Validity of Community Patents, 
hereinafter referred to as 'the Protocol on Litigation'. 
Article 5 
National patents 
This Convention shall be without prejudice to the right of the 
Contracting States to grant national patents. 
CHAPTER II 
SPECIAL DEPARTMENTS OF THE EUROPEAN PATENT 
OFFICE 
Article 6 
The special departments 
The special departments shall be as follows: 
(a) a Patent Administration Division; 
(b) one or more Revocation Divisions. 
Article 7 
Patent Administration Division 
1. The Patent Administration Division shall be 
responsible for all acts of the European Patent Office relating 
to Community patents, in so far as these acts are not the 
responsibility of other departments of the Office. It shall in IP IN 11 IEEC/P 12 
Page 12 
30. 12. 89 Official Journal of the European Communities No L 401111 
particular be responsible for decisions in respects of entries in 
the Register of Community Patents. 
2. Decisions of the Patent Administration Division shall 
be taken by one legally qualified member. 
3. The members of the Patent Administration Division 
may not be members of the Boards of Appeal or the Enlarged 
Board of Appeal set up under the European Patent 
Convention. 
Article 8 
Revocation Divisions 
1. The Revocation Divisions shall be responsible for the 
examination of requests for the limitation of and applications 
for the revocation of Community patents, and for 
determining compensation under Article 43 (5). 
2. A Revocation Division shall consist of one legally 
qualified member who shall be the Chairman, and two 
technically qualified members. Prior to the taking of a final 
decision on the request or application, the Revocation 
Division may entrust the examination of the request or 
application to one of its members. Oral proceedings shall be 
before the Revocation Division itself. 
Article 9 
Exclusion and objection 
1. Members of the Revocation Divisions may not take 
part in any proceedings if they have any personal interest 
therein, if they have previously been involved as 
representatives of one of the parties, or if they ha\"e 
participated in the final decision on the case in the 
proceedings for grant or opposition proceedings. 
2. If, for one of the reasons mentioned in paragraph 1 or 
for any other reason, a member of a Revocation Division 
:considers that he should not take part in any proceedings, he 
shall inform the division accordingly. 
3. 1\1embers of a Revocation Division may be objected to 
by any party for one of the reasons mentioned in 
paragraph 1, or if suspected of partiality. An objection shall 
not be admissible if, while being aware of a reason for 
objection, the party has taken a procedural step. No 
objection may be based upon the nationality of members. 
4. The Revocation Divisions shall decide as to the action 
to be taken in the cases specified in paragraphs 2 and 3 
without the participation of the member concerned. For the 
purpose of taking this decision the member objected to shall 
be replaced by his alternate. 
Article 10 
Languages· for proceedings and publications 
1. The official languages of the European Patent Office 
sh~ll also be the official languages of the special 
departments. 2. Throughout the proceedings before the special 
departments, a translation filed in accordance with 
Article 14 (2), second sentence, of the European Patent 
Convention may be brought into conformity with the 
original text of the European patent application. 
3. The official language of the European Patent Office in 
\\hich the Community patent is granted shall be used as the 
language of the proceedings in all proceedings before the 
special departments concernIng the Community patent, 
unless otherwise provided In the Implementing 
Regulations. 
4. However, natural or legal persons having their 
residence or principal place of business within the territory of 
a Contracting State having a language other than one of the 
official languages of the European Patent Office as an official 
language, and nationals of that State who are resident 
abroad, may file documents which have to be filed within a 
time limit in an official language of the Contracting State 
concerned. They must, however, file a translation in the 
language of the proceedings within the time limit prescribed 
in the Implementing Regulations; in the cases provided for in 
the Implementing Regulations, they may file a translation in 
a different official language of the European Parent 
Office. 
5. If any document is not filed in the language prescribed 
by this Convention, or if any translation required by virtue of 
this Convention is not filed in due time, the document shall be 
deemed not to have been received. 
6. New specifications of Community patents published 
following limitation or revocation proceedings shall be 
published in the language of the proceedings; they shall 
include a translation of the amended claims in one of the 
official languages of each of the Contracting States \vhich do 
not have as an official language the language of the 
proceedings. 
7. The Community Patent Bulletin shall be published in 
the three official languages of the European Patent Office. 
S. Entries in the Register of Community Patents shall be 
made in the three official languages of the European Patent 
Office. In cases of doubt, the entry in the language of the 
proceedings shall be authentic. 
9. No State party to this Convention may avail itself of the 
authorizations given in Articles 65, 67 (3) and 70 (3) of the 
European Patent Convention. 
CHAPTER 1lI 
THE SELECT CO~lMITTEE OF THE ADMINISTRATIVE 
COUNCIL 
Article 11 
Membership 
1. The Select Committee of the Administrative Council 
shall be composed of the Representatives of the Contracting 
States, the Representative of the Commission of the IP/N 11 IEEC/P/2 
Page 13 
No L 401112 Official Journal of the European Communities 30. 12. 89 
European Communities and their alternate Representatives. 
Each Contracting State and the Commission shall be entitled 
to appoint one Representative and one alternate 
Representative to the Select Committee. The same members 
shall represent the Contracting States on the Administrative 
Council and on the Select Committee. 
2. The members of the Select Committee may, subject to 
the provisions of its Rules of Procedure, be assisted by 
advisers or experts. 
Article 12 
Chairmanship 
1. The Select Committee of the Administrative Council 
shall elect a Chairman and a Deputy Chairman from among 
the Representatives and alternate Representatives of the 
Contracting States. The Deputy Chairman shall ex officio 
replace the Chairman in the event of his being prevented from 
attending to his duties. 
2. The duration of the terms of office of the Chairman 
and the Deputy Chairman shall be three years. The terms of 
office shall be renewable. 
Article 13 
Board 
1. The Select Committee of the Administrative Council 
may set up a Board composed of five of its members. 
2. The chairman and the deputy chairman of the Select 
Committee shall be members of the board ex officio; the 
other three members shall be elected by the Select 
Committee. 
3. The term of office of the members elected by the Select 
Committee shall be three years. This term of office shall be 
three years. This term of office shall not be renewable. 
4. The board shall perform the duties given to it by the 
Select Committee in accordance with the Rules of 
Procedure. 
Article 14 
Meetings 
1. Meetings of the Select Committee of the 
Administrative Council shall be convened by its chairman. 
2. The President of the European Patent Office shall take 
part in the deliberations of the Select Committee. 
3. The Select Committee shall hold an ordinary meeting 
once each year. In addition, it shall meet on the initiative of 
its chairman or at the request of one-third of the Contracting 
States. 
4. The deliberations of the Select Committee shall be 
based on an agenda, and shall be held in accordance with its 
Rules of Procedure. 5. The provisional agenda shall contain any question 
v,,'hose inclusion is requested by any Contracting State III 
accordance with the Rules of Procedure. 
Article 15 
Languages of the Select Committee 
1. The languages in use in the deliberations of the Select 
Committee of the Administrative Council shall be English, 
French and German. 
2. Documents submitted to the Select Committee, and the 
minutes of its deliberations, shall be drawn up in the three 
languages mentioned in paragraph 1. 
Article 16 
Competence of the Select Committee in certain cases 
1. The Select Committee of the Administrative Council 
shall be competent to amend the following provisions of this 
Convention: 
(a) the time limits laid down in the Convention \vhich are to 
be observed vis-a-vis the European Patent Office; 
(b) the Implementing Regulations. 
2. The Select Committee shall be competent, in 
conformity with this Convention, to adopt or amend the 
following provisions: 
(a) the Financial Regulations; 
(b) the Rules relating to Fees; 
(c) its Rules of Procedure. 
Article 17 
Voting rights 
1. The right to vote in the Select Committee of the 
Administrative Council shall be restricted to the Contracting 
States. 
2. Each Contracting State shall have one vote, subject to 
the application of the provisions of Article 19. 
Article 18 
Voting rules 
1. The Select Committee of the Administrative Council 
~hall take its decisions other than those referred to in 
paragraph 2 by a simple majority of the Contracting States 
represented and voting. 
2. A majority of three-quarters of the votes of the 
Contracting States represented and voting shall be required 
for the decisions which the Select Committee is empowered 
to take under Article 16 and Article 21 (a). 
3. Abstentions shall not be considered as votes. IP 1Nl lIEEC/P 12 
Page 14 
30. 12. 89 Official Journal of the European Communities NoL401/13 
Article 19 
Weighting of votes 
In respect of the adoption or amendment of the rules relating 
to fees and, if the financial contribution to be made by the 
Contracting States would thereby be increased, the approval 
referred to in Article 21 (a), voting shall be conducted 
according to Article 36 of the European Patent Convention. 
The term 'Contracting States' in that Article shall be 
understood as meaning the States parties to this 
Convention. 
CHAPTER IV 
FINAi'\CIAL PROVISIONS 
Article 20 
Financial obligations and benefits 
1. The amount payable by the States parties to this 
Convention pursuant to Article 146 of the European Patent 
Convention shall be covered by financial contributions 
determined in respect of each State in accordance with the 
scale laid down in paragraph 3. 
2. Both the revenue derived from fees paid in accordance 
with the rules relating to fees, less the payments to the 
European Patent Organization pursuant to Articles 39 and 
147 of the European Patent Convention, and all other 
receipts of the European Patent Organization obtained in 
implementation of this convention shall be distributed 
among the States parties to this convention in accordance 
with the scale laid down in paragraph 3. 
3. The scale referred to in paragraphs 1 and 2 shall be as 
follows: 
Belgium 5,25% 
Denmark 5,20% 
Germany 20,40% 
Greece 4,40% 
Spain 6,30% 
France 12,80% 
Ireland 3,45% 
Italy 7,00% 
Luxembourg 3,00% 
Netherlands 11 ,80 % 
Portugal 3,50% 
United Kingdom 16,90% 
4. The scale laid down in paragraph 3 may be amended 
by decision of [he Council of the European Communities, 
acting on a proposal from the Commission of the European 
Communities, or on a request from at least three Contracting 
States, following a review to be conducted by the Select 
Committee of the Administrative Council of the European Patem Organization five years after the entry into force of the 
Agreement relating to Community Patents. 
5. The decision referred to in paragraph 4 shall 
require: 
(a) unanimity from the sixth to the 10th year inclusive from 
the date of entry imo force of the Agreement relating to 
Community Patents; 
(b) after the expiry of that period, a qualified majority; this 
majority shall be that specified in the first indent of the 
second subparagraph of Article 148 (2) of the Treaty 
establishing the European Economic Community. 
6. Five years after the entry into force of the Agreement 
relating to Community Patems the necessary work shall be 
commenced in order to examine under what conditions and 
at what date the sJ'stem of financing provided for in 
paragraphs 1 to 5 may be replaced by another system based, 
having regard to developments in the European 
Communities, on Community financing. This system may 
include the amounts payable by the States parties to this 
Convention pursuant to the European Patent Convention 
and the amounts accruing to these States pursuant to that 
Convention. When this work has been concluded, this 
Article and, if appropriate, Article 19 may be amended by a 
decision of the Council of the European Communities acting 
unanimously on a proposal from the Commission. 
Article 21 
Powers of the Select Committee of the Administrative 
Council in budgetary matters 
The Select Committee of the Administrative Council shall: 
(a) approve annually the forecasts of expenditure and 
revenue relating to the implementation of this 
Convention and any amendments or additions made to 
these forecasts, submitted to it by the President of the 
European Patent Office, and supervise the 
implementation thereof; 
(b) grant the authorization provided for in Article 47 (2) of 
the European Patent Convention, in so far as the 
expenditure involved relates to the implementation of 
this Convention; 
(c) approve the annual accounts of the European Parent 
Organization which relate to the implementation of this 
Convention and that part of the report of the auditors 
appointed under Article 49 (1) of the European Patent 
Convention which relates to these accounts, and give the 
President of the European Patent Office a discharge. 
Article 22 
Rules relating to Fees 
The Rules relating to Fees shall determine in particular the 
amounts of the fees and the ways in which they are to be 
paid. IP IN 11/EEC/P/2 
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No L 401114 Official Journal of the European Communities 30. 12. 89 
PART II 
SUBSTANTIVE PATENT LAW 
CHAPTER I 
RIGHT TO THE CO.\1MUNITY PATENT 
Article 23 
Claiming the right to the Community patent 
1. If a Community patent has been granted to a person 
who is not entitled to it under Article 60 (1) of the European 
Patent Convention, the person entitled to it under that 
provision may, without prejudice to any other remedy which 
may be open to him, claim to have the patent transferred to 
him. 
2. Where a person is entitled to only part of the 
Community patent, that person may, in accordance with 
paragraph 1, claim to be made a joint proprietor. 
3. Legal proceedings in respect of the rights specified in 
paragraphs 1 and 2 may be instituted only \vithin a period of 
not more than two years after the date on \vhich the 
European Patent Bulletin mentions the grant of the European 
patent. This provision shall not apply if the proprietor of the 
patent knew, at the time when the patent was granted or 
transferred to him, that he was not entitled to the patent. 
4. The fact that legal proceedings have been instituted 
shall be entered in the Register of Community Patents. Entry 
shall also be made of the final decision in, or of any other 
termination of, the proceedings. 
Article 24 
Effect of change of proprietorship 
1. Where there is a complete change of proprietorship of a 
Community patent as a result of legal proceedings under 
Article 23, licences and other rights shall lapse upon the 
registration of the person entitled to the patent in the Register 
of Community Patents. 
2. If, before the institution of legal proceedings has been 
registered, 
(a) the proprietor of the patent has used the invention 
within the territory of any of the Contracting States or 
made effective and serious preparations to do so, or 
(b) a licensee of the patent has obtained his licence and has 
used the invention within the territory of any of the 
Contracting States or made effective and serious 
preparations to do so, 
he may continue such use provided that he requests a 
non-exclusive licence of the patent from the new proprietor 
whose name is entered in the Register of Community Patents. Such request must be made within the period prescribed in 
the Implementing Regulations. The licence shall be granted 
for a reasonable period and upon reasonable terms. 
3. Paragraph 2 shall not apply if the proprietor of the 
patent or the licensee, as the case may be, was acting in bad 
faith at the time when he began to use the invention or to 
make preparations to do so. 
CHAPTER 11 
EFFECTS OF THE COMMUNITY PATENT AND THE 
EUROPEAN PATENT APPLICATION 
Article 25 
Prohibition of direct use of the invention 
A Community patent shall confer on its proprietor the right 
to prevent all third parties nor having his consent: 
(a) from making, offering, putting on the market or using a 
product \vhich is the subject-matter of the patem, or 
importing or stocking the product for these purposes; 
(b) from using a process which is the subject-matter of the 
patent or, when the third party knows, or it is obvious in 
the circumstances, that the use of the process is 
prohibited without the consent of the proprietor of the 
patent, from offering the process for use within the 
territories of the Contracting States; 
(c) from offering, putting on the market, using, or 
importing or stocking for these purposes the product 
obtained directly by a process which is the 
subject-matter of the patent. 
Article 26 
Prohibition of indirect use of the invention 
1. A Community patent shall also confer on its proprietor 
the right to prevent all third parties not having his consent 
from supplying or offering to supply within the territories of 
the Contracting States a person, other than a party entitled to 
exploit the patented invention, with means, relating to an 
essential element of that invention, for putting it into effect 
therein, when the third party knows, or it is obvious in the 
circumstances, that these means are suitable and intended for 
putting that invention into effect. 
2. Paragraph 1 shall not apply when the means are staple 
commercial products, except when the third party induces IP IN 11 IEEC/P 12 
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30. 12. 89 Official Journal of the European Communities No L 401115 
the person supplied to commit acts prohibited by 
Article 25. 
3. Persons performing the acts referred to in Article 27 (a) 
to (c) shall not be considered to be parties entitled to exploit 
the invention within the meaning of paragraph 1. 
Article 27 
Limitation of the effects of the Community patent 
The rights conferred by a Community patent shall not extend 
to: 
(a) acts done privately and for non-commercial purposes; 
(b) acts done for experimental purposes relating to the 
subject-matter of the patented invention; 
(c) the extemporaneous preparation for individual cases in 
a pharmacy of a medicine in accordance with a medical 
prescription nor acts concerning the medicine so 
prepared; 
(d) the use on board vessels of the countries of the Union of 
Paris for the Protection of Industrial Property, other 
than the Contracting States, of the patented invention, 
in the body of the vessel, in the machinery, tackle, gear 
and other accessories, when such vessels temporarily or 
accidentally enter the \vaters of Contracting States, 
provided that the invention is used there exclusively for 
the needs of the vessel; 
(e) the use of the patented invention in the construction or 
operation of aircraft or land vehicles of countries of the 
Union of Paris for the Protection of Industrial Property, 
other than the Contracting States, or of accessories to 
such aircraft or land vehicles, when these temporarily or 
accidentally enter the territory of Contracting States; 
(f) the acts specified in Article 27 of the Convention on 
International Civil Aviation of 7 December 1944, where 
these acts concern the aircraft of a State, other than the 
Contracting States, benefiting from the provisions of 
that Article. 
Article 28 
Exhaustion of the rights conferred by the Community 
patent 
The rights conferred by a Community patent shall not extend 
to acts concerning a product covered by that patent \vhich are 
done within the territories of the Contracting States after that 
product has been put on the market in one of these States by 
the proprietor of the patent or with his express consent, 
unless there are grounds which, under Community law, 
would justify the extension to such acts of the rights 
conferred by the patent. Article 29 
Translation of the claims in examination or opposition 
proceed ings 
1. The applicant shall file with the European Patent 
Office within the time limit prescribed in the Implementing 
Regulations a translation of the claims on which the grant of 
the European patent is to be based in one of the official 
languages of each of the Contracting States which does not 
have English, French or German as an official language. 
2. Paragraph 1 shall apply mutatis mutandis in respect of 
claims which are amended during opposition proceedings. 
3. The translations of the claims shall be published by the 
European Patent Office. 
4. The applicant for or proprietor of the patent shall pay 
the fee for the publication of the translations of the claims 
within the time limits prescribed in the Implementing 
Regulations. 
5. If the translations prescribed in paragraph 1 are not 
filed in due time or if the fee for the publication of the 
translations of the claims is not paid in due time the European 
patent application shall be deemed to be withdrawn in 
respects of the designated Contracting States. If the 
translations prescribed in paragraph 2 are not filed in due 
time or if the fee for the publication of the translations of the 
claims is not paid in due time the Community patent shall be 
revoked. 
6. Where a translation of the claims prescribed in 
paragraph 1 or 2, or a translation of the claims in the two 
official languages of the European Patent Office which are 
not the language of the proceedings, is defective, the 
applicant for or the proprietor of the patent may file a 
corrected translation with the European Patent Office. The 
corrected translation shall not have any legal effect until the 
conditions prescribed in the Implementing Regulations have 
been complied with. 
7. Where the translation of the claims in one of the official 
languages of a Contracting State is defective, any person 
who, in that State, is using or has made effective and serious 
preparations for using an invention the use of \vhich would 
not constitute infringement of the patent in the defective 
translation of the claims, may, after the corrected translation 
takes effect, continue such use without payment. This shall 
not apply if it is established that the person concerned did not 
act in good faith. 
Article 30 
Translation of the specification of the Community patent 
1. In addition to the translations prescribed in 
Article 29 (1) the applicant shall file with the European 
Patent Office, before the end of the period prescribed in the 
Implementing Regulations, a translation of the text of the IP/N 11 IEEC/P 12 
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No L 401116 Official Journal of the European Communities 30. 12. 89 
application which forms the basis for the grant of the 
Community patent in one of the official languages of each of 
the Contracting States in which the language of the 
proceedings is not an official language. 
2. Paragraph 1 shall apply mutatis mutandis to the text of 
the Community patent which forms the basis for its 
maintenance in amended form during opposition 
proceedings. 
3. The European Patent Office shall, within [he time limit 
laid down in the Implementing Regulations, forward to each 
of the central industrial property offices of the Contracting 
States which have so requested a copy of the translations 
referred to in paragraphs 1 and 2 in the relevant language or 
languages. The applicant must for that purpose file a 
sufficient number of copies of the translations. 
4. The translations prescribed in paragraphs 1 and 2 shall 
be made available to the public by the European Patent 
Office and shall be forwarded in due time and free of charge 
to the central industrial property offices of the Contracting 
States concerned in a suitable form for adequate and 
inexpensive dissemination. 
5. If the translations prescribed in paragraph 1 are filed in 
due time, the proprietor of the patent may avail himself from 
the date of publication of the mention of the grant of the 
patent of the rights conferred by the patent. 
6. If the translations prescribed in paragraphs 1 or 2 are 
not fited in due time, the Community patent shall be deemed 
to be void ab initio. However, the proprietC?r may, instead of 
the Community patent, obtain a European patent for the 
Contracting States for which he has filed translations in due 
time. He must for that purpose notify his intention in \"Titing 
to the European Patent Office \\'ithin a period of two months 
from the expiry of the applicable time limit and pay within 
the same period the fees referred to in Article 81 (1). 
7. Article 29 (6) and (7) shall apply mutatis mutandis to 
the translations prescribed in paragraphs 1 and 2. 
Article 31 
Status of translations 
The translations provided for in Articles 29 and 30 which 
have been carried out by persons authorized under the law of 
a Contracting State shall be deemed in that State to be in 
conformity with the original, until proved to the contrary. 
Article 32 
Rights conferred by a European patent application after 
publication 
1. Compensation .reasonable in the circumstances may be 
daimed trom ;a :third :plany who, in the period between the date of publication of a European patent application in 
which the Contracting States are designated and the date of 
publication of the mention of the grant of the European 
patent, has made any use of the invention which, after that 
period, would be prohibited by virtue of the Community 
patent. 
2. Any Contracting State which does not have as an 
official language the language of the proceedings of a 
European patent application in which the Contracting States 
are designated may prescribe that such application shall not 
confer, in respect of use of the invention within its territory, 
the right referred to in paragraph 1 until such time as the 
applicant, at his option, has: 
(a) supplied a translation of the claims in one of its official 
languages to the competent authority of that State and 
the translation has been published in accordance with 
the la\\I of that State; or 
(b) communicated such a translation to the person using the 
invention within that State. 
3. Any Contracting State referred to in paragraph 2 may 
prescribe that, where the applicant avails himself of the 
option provided for in subparagraph 2 (b), the right 
conferred by the application in respect of use of the invention 
within the territory of the State concerned may be invoked 
only if the applicant supplies a copy of the translation to the 
competent authority of that State within 15 days after it has 
been communicated to the person using the invention within 
that State. The Contracting State may prescribe that the 
authority shall publish the translation, in accordance with 
the law of that State. 
4. Any Contracting State which adopts a provision under 
paragraph 2 may prescribe that, where the translation of the 
claims is defective, any person who, in that State, has used or 
made effective and serious preparations for using the 
invention the use of \vhich would not constitute infringement 
of the application in the original translation of the claims 
shall be liable for reasonable compensation in accordance 
with paragraph 1 only from the moment when the corrected 
translation of the claims has been published or has been 
recei\-ed by him, unless it is established that he did not act in 
good faith, in which case he shall be liable for reasonable 
compensation in accordance with paragraph 1 from the 
moment when the requirements of paragraph 2 were 
fulfilled. 
A.rticle 33 
Effect of revocation of the Community patent 
1. A European patent application in which the 
Contracting States :are designated and the resulting 
C'ommuniry patent shaH be deemed not to haxe had, as from JP IN I l/EEC/P 12 
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30. 12. 89 Official Journal of the European Communities No L 401117 
the outset, the effects specified in this Chapter, to the extent 
that the patent has been revoked. 
2. Subject to the national provisions relating either to 
claims for compensation for damage caused by negJigence or 
lack of good faith on the part of the proprietor of the patent, 
or to unjust enrichment, the retroactive effect of the 
revocation of the patent as a result of opposition or 
revocation proceedings shall not effect: 
(a) any decision on infringement which has acquired the 
authority of a final decision and been enforced prior to 
the revocation decision; 
(b) any contract concluded prior to the revocation decision, 
in so far as it has been performed before that decision; 
however, repayment, to an extent justified by the 
circumstances, of sums paid under the relevant contract, 
may be claimed on grounds of equity. 
Article 34 
Complementary application of national law regarding 
infringement 
1. The effects of a Community patent shall be governed 
solely by the provisions of this Convention. In other respects, 
infringement of a Community patent shall be governed by the 
national law relating to infringement of a national patent, in 
accordance with and subject to the provisions of the Protocol 
on Litigation. 
2. Paragraph 1 shall apply mutatis mutandis to a 
European patent application which may result in the grant of 
a Community patent. 
Article 35 
Burden of proof 
1. If the subject-matter of a Community patent is a 
process for obtaining a new product, the same product when 
produced by any other party shall, in the absence of proof to 
the contrary, be deemed to have been obtained by the 
patented process. 
2. In the adduction of proof to the contrary, the legitimate 
interests of the defendant in protecting his manufacturing 
and business secrets shall be taken into account. 
CHAPTER III 
NA TIONAL RIGHTS 
Article 36 
National prior right 
1. With regard to a Community parent having a dare of 
filing or, where priority has been claimed, a date of priority later than that of a national parent application or national 
parem made public in a Contracting State on or after that 
date, the national patent application or patent shall, for rhat 
Contracting Srate, have the same prior right effect as a 
published European patent application designating that 
Contracting State. 
2. If, in a Contracting State, a national patent application 
or patent, which is unpublished by reason of [he national law 
of rhat State concerning the secrecy of inventions, has a prior 
right effect with regard to a national patent in that State 
having a later date of filing, or where priority has been 
claimed a later date of priority, the same shall apply in that 
State with regard to a Community patent. 
Article 37 
Right based on prior use and right of personal possession 
1. Any person who, if a national patent had been granted 
In respect of an invention, would have had, in one of the 
Contracting States, a right based on prior use of that 
invention or a right of personal possession of that invention, 
shall enjoy, in that State, the same rights in respect of a 
Community patent for the same invention. 
2. The rights conferred by a Community patent shall not 
extend to acts concerning a product covered by that patent 
which are done within the territory of the State concerned 
after that product has been put on the market in that State by 
the person referred to in paragraph 1, in so far as the narional 
law of that State makes provision to the same effect in respect 
of national patents. 
CHAPTER IV 
THE COMMUNITY PATENT AS AN OBJECT OF 
PROPERTY 
A.rticle 38 
Dealing with the Community patent as a national patent 
1. Unless otherwise specified in this Convention, a 
Community patent as an object of property shall be dealt 
with in its entirety, and for the \vhole of the territories in 
which it is effective, as a national patent of the Contracting 
State in which, according to the Register of European Parents 
provided for in the European Patent Convention: 
(a) the applicant for the patent had his residence or 
principal place of business on the date of filing of the 
European patent application; 
(b) where subparagraph (a) does not apply, the applicant 
had a place of business on that dare; or IP/NI 1 IEEC/P/2 
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No L 401118 Official Journal of the European Communities 30. 12. 89 
(c) where neither subparagraph (a) nor subparagraph (b) 
applies, the applicant's representative whose name is 
entered first in the Register of European Patents had his 
place of business on the date of that entry. 
2. Where subparagraphs (a), (b) and (c) of paragraph 1 
do not apply, the Contracting State referred to in that 
paragraph shall be the Federal Republic of Germany. 
3. If tWO or more persons are mentioned in the Register of 
European Patents as joint applicants, paragraph 1 shall 
apply to the joint applicant first mentioned; if this is not 
possible, it shall apply to the joint applicant next mentioned 
in respect of whom it is applicable. Where paragraph 1 does 
not apply to any of the joint applicants, paragraph 2 shall 
apply. 
4. If in a Contracting State as determined by the preceding 
paragraphs a right in respect of a national patent is effective 
only after entry in the national patent register, such a right in 
respect of a Community patent shall be effective only after 
entry in the Register of Community Patents. 
Article 39 
Transfer 
1. An assignment of a Community patent shall be made in 
\"Titing and shall require the signature of the parties to the 
contract, except when it is a result of a judgment. 
2. Subject to Article 24 (1) a transfer shall not affect 
rights acquired by third parties before the date of transfer. 
3. A transfer shall, to the extent to which it is verified by 
the papers referred to in the Implementing Regulations, only 
have effect vis-a-uis third parties after entry in the Register of 
Community Patents. Nevertheless, a transfer, before it is so 
entered, shall have effect vis-a-vis third parties who have 
acquired rights after the date of the transfer but who knew of 
the transfer at the date on which the rights were acquired. 
Article 40 
Enforcement proceedings 
The courts and other authorities of the Contracting State 
determined in accordance with Article 38 shall have 
exclusive jurisdiction in respect of proceedings relating to 
judgments or other official acts in so far as they are being 
enforced against Community patents. 
Article 41 
Bankruptcy or like proceedings 
1. Until such time as common rules for the Contracting 
States in this field enter into force, the only Contracting State in which a Community patent may be involved in bankruptcy 
or like proceedings shall be that in which such proceedings 
are opened first. 
2. Paragraph 1 shall apply mutatis mutandis in the case of 
joint proprietorship of a Community patent to the share of 
the joint proprietor. 
Article 42 
Contractual licensing 
1. A Community patent may be licensed in whole or in 
part for the whole or part of the territories in which it is 
effective. A licence may be exclusive or non-exclusive. 
2. The rights conferred by the Community patent may be 
invoked against a licensee who contravenes any restriction in 
his licence which is covered by paragraph 1. 
3. Article 39 (2) and (3) shall apply mutatis mutandis to 
the grant or transfer of a licence in respect of a Community 
patent. 
Article 43 
Licences of right 
1. Where the proprietor of a Community patent files a 
written statement with the European Patent Office that he is 
prepared to allow any person to use the invention as a 
licensee in return for appropriate compensation, the renewal 
fees for the Community patent which fall due after receipt of 
the statement shall be reduced; the amount of the reduction 
shall be fixed in the rules relating to fees. Where there is a 
complete change of proprietorship of the patent as a result of 
legal proceedings under Article 23, the statement shall be 
deemed withdrawn upon the entry of the name of the person 
entitled to the patent in the Register of Community 
Patents. 
2. The statement may be withdrawn at any time upon 
written notification to this effect to the European Patent 
Office, provided that no-one has informed the proprietor of 
the patent of his intention to use the invention. Such 
withdrawal shall take effect from the date of its notification. 
The amount by which the renewal fees were reduced shall be 
paid within one month after withdrawal; Article 48 (2) shall 
apply, but the six-month period shall start upon expiry of the 
above period. 
3. The statement may not be filed while an exclusive 
licence is recorded in the Register of Community Patents or a 
request for the recording of such a licence is before the 
European Patent Office. 
4. On the basis of the statement, any person shall be 
entitled to use the invention as a licensee under the conditions 
laid down in the Implementing Regulations. A licence so 
obtained shall, for the purpqses of this Convention, be 
treated as a contractual licence. IP IN 11 IEEC/P 12 
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30. 12. 89 Official Journal of the European Communities No L 401119 
5. On written request by one of the parties, a Revocation 
Division shall determine the appropriate compensation or 
review it if circumstances have arisen or become known 
which render the compensation determined obviously 
inappropriate. The provisions governing revocation 
proceedings shall apply mutatis mutandis, unless they are 
inapplicable as a result of the particular nature of revocation 
proceedings. The request shall not be deemed to have been 
made until such time as an administrative fee has been 
paid. 
6. No request for recording an exclusive licence in the 
Register of Community Patents shall be admissible after the 
statement has been filed, unless it is withdrawn or deemed 
\vithdrawn. 
Article 44 
The European patent application as an object of property 
1. Articles 38 to 42 shall apply mutatis mutandis to a 
European patent application in which the Contracting States 
are designated, the reference to the Register of Community 
Patents being understood as referring to the Register of 
European Parents provided for in the European Patent 
Convention. 
2.. The rights acquired by third parties in respect of a 
European patent application referred to in paragraph 1 shall 
continue to be effective \vith regard to the Community patent 
granted upon that application. 
CHAPTER V 
COMPULSORY LICENCES IN RESPECT OF A 
COMMUNITY PATENT 
Article 45 
Compulsory licences 
1. Any provision in the law of a Contracting State for the 
grant of compulsory licences in respect of national patents shall be applicable to Community patents. The extent and 
effect of compulsory licences granted in respect of 
Community patents shall be restricted to the territory of the 
State concerned. Article 28 shall not apply. 
2. Each Contracting State shall, at least in respect of 
compensation under a compulsory licence, provide for a final 
appeal to a court of law. 
3. As far as practicable national authorities shall notify 
the European Patent Office of the grant of any compulsory 
licence in respect of a Community patent. 
4. For the purposes of this Convention, the term 
'compulsory licences' shall be construed as including official 
licences and any right to use patented inventions in the public 
interest. 
Article 46 
Compulsory licences for lack or insufficiency of 
exploitation 
A compulsory licence may not be granted in respect of a 
Community patent on the ground of lack or'insufficiency of 
exploitation if the product covered by the patent, which is 
manufactured in a Contracting State, is put on the market in 
the territory of any other Contracting State, for which such a 
licence has been requested, in sufficient quantity to satisfy 
needs in the territory of that other Contracting State. This 
provision shall not apply to compulsory licences granted in 
the public interest. 
Article 47 
Compulsory licences in respect of dependent patents 
Any provisions in the law of a Contracting State for the grant 
of compulsory licences in respect of earlier patents in favour 
of subsequent dependent patents shall be applicable to the 
relationship between Community patents 'and national 
patents and to the relationship between Community patents 
themselves. 
PART III 
RENEWAL, LAPSE, LIMITATION AND REVOCATION OF THE COMMUNITY PATENT 
CHAPTER I 
RENEWAL AND LAPSE 
Article 48 
Renewal fees 
1. Renewal fees in respect of Community patents shall be 
paid to the European Patent Office in accordance with the Implementing Regulations. These fees shall be due in respect 
of the years following the year referred to in Article 86 (4) of 
the European Patent Convention, provided that no renewal 
fees shall be due in respect of the first two years, calculated 
from the date of filing of the application. 
2. When a renewal fee has not been paid on or before the 
due date, the fee may be validly paid within six months of 
that date, provided that the additional fee is paid at the same 
time. IP/N/lIEEC/P/2 
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No L 401120 Official Journal of the European Communities 30. 12. 89 
3. Any renewal fee in respect of a Community patent 
falling due within two months after the publication of the 
mention of the grant of the European patent shall be deemed 
to have been validly paid if it is paid within that period. No 
additional fee shall be charged. 
Article 49 
Surrender 
1. A Community patent may be surrendered only in its 
entirety. 
2. Surrender must be declared in writing to the European 
Patent Office by the proprietor of the patent. It shall not have 
effect until it is entered in the Register of Community" 
Patents. 
3. Surrender will be entered in the Register of Community 
Patents only with the agreement of any third party who has a 
right in rem recorded in the Register or in respect of whom 
there is an entry in the Register pursuant to Article 23 (4), 
first sentence. If a licence is recorded in the Register, 
surrender will be entered only if the proprietor of the patent 
proves that he has previously informed the licensee of his 
intention to surrender; this entry will be made on expiry of 
the period laid down in the Implementing Regulations. 
Article 50 
Lapse 
1. A Community patent shall lapse: 
(a) at the end of the term laid down in Article 63 of the 
European Patent Convention; 
(b) if the proprietor of the patent surrenders it in accordance 
with Article 49; 
(c) if a renewal fee and any additional fee have not been paid 
in due time. 
2. The Community patent shall lapse on the date 
mentioned in Article 53 (4) to the extent that it is not 
maintained. 
3. The lapse of a patent for failure to pay a renewal fee 
and any additional fee within the due period shall be deemed 
to have occurred on the date on which the renewal fee was 
due. 
4. The lapse of a Community patent shall, if necessary, be 
decided by the Patent Administration Division or, if 
proceedings in respect of that patent are pending before it, a 
Revocation Division. CHAPTER 11 
LIMITATION PROCEDURE 
Article 51 
Request for limitation 
1. At the request of the proprietor, a Community patent 
may be limited in the form of an amendment to the claims, 
the description or the drawings. Limitation in respect of one 
or some of the Contracting States may be requested only 
where Article 36 (1) applies. 
2. The request may not be filed during the period within 
which an opposition may be filed or while opposition 
proceedings or revocation proceedings are pending. 
3. The request shall be filed in writing with the European 
Patent Office. It shall not be deemed to have been filed until 
the fee for limitation has been paid. 
4. Article 49 (3) shall apply mutatis mutandis to the filing 
of the request. 
5. Where an application for revocation of the Community 
patent is filed during limitation proceedings, the Revocation 
Division shall stay the limitation proceedings until a final 
decision is given in respect" of the application for 
revocation. 
Article 52 
Examination of the request 
1. The Revocation Division shall examine whether the 
grounds for revocation mentioned in Article 56 (1) (a) to (d) 
would prejudice the maintenance of the Community patent 
as amended. 
2. In the examination of the request, which shall 
be conducted in accordance with the Implementing 
Regulations, the Revocation Division shall invite the 
proprietor of the patent, as often as necessary, to file 
observations, within a period to be fixed by the Revocation 
Division, on communications issued by itself. 
3. If the proprietor of the patent fails to reply in due time 
to any invitation under paragraph 2, the request shall be 
deemed to be withdrawn. 
Article 53 
Rejection of the request or limitation of the Community 
patent 
1. If, following the examination provided for in 
Article 52, the Revocation Division is of the opinion that the 
amendments are not acceptable, it shall reject the request. IP IN 11 IEEC/P 12 
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30. 12. 89 Official Journal of the European Communities No L 401121 
2. If the Revocation Division is of the opinion that, taking 
into consideration the amendments made by the proprietor 
of the patent during the limitation ptoceedings, the grounds 
for revocation mentioned in Article 56 do not prejudice the 
maintenance of the Community patent, it shall decide to limit 
the patent accordingly, provided that: 
(a) it is established, in accordance with the Implementing 
Regulations, that the proprietor of the patent approves 
the text in which the Revocation Division intends to 
limit the patent; 
(b) a translation of all amendments to the patent 
specification in one of the official languages of each of 
the Contracting States which does not have as an official 
language the language of the proceedings is filed \vithin 
the time limit prescribed in the Implementing 
Regulations; 
(c) the fee for the printing of a new specification is paid 
within the time limit prescribed in the Implementing 
Regulations. 
3. If a translation is not filed in due time or if the fee for 
the printing of a new specification is not paid in due time, the 
request shall be deemed to be withdrawn, unless these acts 
are done and the additional fee is paid within a further period 
as prescribed in the Implementing Regulations. 
4. The decision to limit a Community patent shall not 
take effect until the date on which the Community Patent 
Bulletin mentions the limitation. 
Article 54 
Publication of a new specification following limitation 
proceedings 
. If a Community patent is limited under Article 53 (2) the 
i European Patent Office shall, at the same time as it publishes 
the mention of the decision to limit, publish a new 
specification of the Community patent containing the 
description, the claims and any drawings, in the amended 
form. Article 30 (3) and (4) shall apply mutatis mutandis. 
CHAPTER HI 
REVOCATION PROCEDURE 
Article 55 
Application for revocation 
1. Any person may file with the European Patent Office 
an application for revocation of a Community patent; 
however, in the case specified in Article 56 (1) (e) the application may be filed only by a person entitled to be 
entered in the Register of Community Patents as the sole 
proprietor of the patent or by all the persons entitled to be 
entered as joint proprietors of it in accordance \vith 
Article 23 acting jointly. 
2. The application may not be filed in the cases specified 
in Article 56 (1) (a) to (d) during the period within which an 
opposition may be filed or while opposition proceedings are 
pending. 
3. An application may be filed even if the Community 
patent has lapsed. 
4. The application shall be filed in a written reasoned 
statement. It shall not be deemed to have been filed until the 
revocation fee has been paid. 
5. Applicants shall be parties to the revocation 
proceedings as well as the proprietor of the patent. 
6. If the applicant has neither his residence nor his 
principal place of business within the territory of one of the 
Contracting States, he shall, at the request of the proprietor 
of the patent, furnish security for the costs of the 
proceedings. The Revocation Division shall fix at a 
reasonable figure the amount of the security and the period 
within which it must be deposited. If the security is not 
deposited within the period specified, the application shall be 
deemed to be withdrawn. 
Article 56 
Grounds for revocation 
1. An application for revocation of a Community patent 
may be filed only on the grounds that: 
(a) the subject-matter of the patent is not patentable within 
the terms of Articles 52 to 57 of the European Patent 
Convention; 
(b) the patent does not disclose the invention in a manner 
sufficiently clear and complete for it to be carried out by 
a person skilled in the art; 
(c) the subject-matter of the patent extends beyond the 
content of the European patent application as filed, or, 
if the patent was granted on a European divisional 
application or on a new European application filed in 
accordance with Article 61 of the European Patent 
Convention, beyond the content of the earlier 
application as filed; 
(d) the protection conferred by the patent has been 
extended; 
(e) the proprietor of the patent is not, having regard to 
a decision \\:hich has to be recognized in all the 
Contracting States, entitled under Article 60 (1) of the 
European Patent Convention; 
(f) the subject-matter of the patent is not patentable \vithin 
the terms of Article 36 (1). IP/NI1 IEEC/P/2 
Page 23 
No L 401122 Official Journal of the European Communities 30. 12. 89 
2. If the grounds for revocation affect the patent only 
partially, revocation shall be pronounced in the form of a 
corresponding limitation of the patent. The limitation may 
be effected in the form of an amendment to the claims, the 
description or the drawings. 
3. In the case specified in paragraph 1 (E), revocation shall 
be pronounced only in respect of the Contracting State in 
which the national patent application or national patent has 
been made public. 
Article 57 
Examination of the application 
1. 1£ the application for revocation of the Community 
patent is admissible, the Revocation Division shall examine 
whether the grounds for revocation mentioned in Article 56 
prejudice the maintenance of the patent. 
2. In the examination of the application, which shall be 
conducted in accordance with the Implementing 
Regulations, the Revocation Division shall invite the parties, 
as often as necessary, to file observations, within a period to 
be fixed by the Revocation Division, on communications 
from another party or issued by itself. 
Article 58 
Revocation or maintenance of the Community patent 
1. If the Revocation Division is of the opinion that the 
grounds for revocation mentioned in Article 56 prejudice the 
maintenance of the Community patent, it shall revoke the 
patent. 
2. If the Revocation Division is of the opinion that the 
grounds for revocation mentioned in Article 56 do not 
prejudice the maintenance of the patent unamended, it shall 
reject the application. 
3. If the Revocation Division is of the opinion that, taking 
into consideration the amendments made by the proprietor 
of the patent during the revocation proceedings, the grounds 
for revocation mentioned in Article 56 do not prejudice the 
maintenance of the patent, it shall decide to maintain the 
patent as amended, provided that: 
(a) it is established, in accordance with the Implementing 
Regulations, that the proprietor of the patent approves 
the text in which the Revocation Division intends to 
maintain the patent; 
(b) a translation of all amendments to the patent 
specification in one of the official languages of each of the Contracting States which does not have as an official 
language the language of the proceedings is filed within 
the time limit prescribed in the Implementing 
Regulations; 
(c) the fee for the printing of a new specification is paid 
\vithin the time limit prescribed in the Implementing 
Regulations. 
4. If a translation is not filed in due time or if the fee for 
the printing of a new specification is not paid in due time, the 
patent shall be revoked, unless these acts are done and the 
additional fee is paid within a further period as prescribed in 
the Implementing Regulations. 
Article 59 
Publication of a new specification following revocation 
proceedings 
If a Community patent is amended under Article 58 (3) the 
European Patent Office shall, at the same time as it publishes 
the mention of the decision on the application for revocation, 
publish a new specification of the Community patent 
containing the description, the claims and any drawings, in 
the amended form. Article 30 (3) and (4) shall apply mutatis 
mutandis. 
Article 60 
Costs 
1. Each party to revocation proceedings shall meet the 
COSts he has incurred unless a decision of a Revocation 
Division in accordance with the Implementing Regulations 
or of the Common Appeal Court in accordance with its Rules 
of Procedure, for reasons of equity, orders a different 
apportionment of costs incurred during taking of evidence or 
in oral proceedings. A decision on the apportionment of the 
costs may also be taken on request when the application for 
revocation is withdrawn or vv'hen the Community patent 
lapses. 
2. On request, the registry of the Revocation Division 
shall fix the amount of the costs to be paid under a dicision 
apportioning them. The fixing of the costs by the registry 
may be reviewed by a decision of the Revocation Division on 
a request filed within the period laid down in the 
Implementing Regulations. 
3. Article 104 (3) of the European Patent Convention 
shall apply mutatis mutandis. IP IN/I/EEC/P 12 
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30. 12. 89 Official Journal of the European Communities No L 401123 
PART IV 
APPEALS PROCEDURE 
Article 61 
Appeal 
1. An appeal shall lie from decisions of the Revocation Division and the Patent Administration 
Division. 
2. Articles 106 to 109 of the European Patent Convention shall apply mutatis mutandis to this 
appeals procedure in so far as the Rules of Procedure of the Common Appeal Court or the Rules 
relating to Fees do not provide otherwise. 
PART V 
COM~10N PROVISIONS 
Article 62 
Common provisions governing procedure and 
representation 
1. The provisions of Part VII, Chapters I and Ill, of the 
European Patent Convention, other than Article 124, shall 
apply mutatis mutandis to this Convention, subject to the 
follo\ving: 
(a) Article 114 (1) shall apply only to the Revocation 
Divisions; 
(b) Article 116 (2) and (3) shall apply only to the Patent 
Administration Division, and paragraph 4 shall apply 
only to the Revocation Divisions; 
';(c) Article 122 shall also apply to all other parties to 
proceedings before the special departments; 
(d) Article 123 (3) shall apply to limitation and revocation 
proceedings before the Revocation Divisions; 
(e) the term 'Contracting States' shall be understood as 
meaning the States parties to this Convention. 
2. Notwithstanding paragraph 1 (e), a person whose 
name appears on the list of professional representatives 
maintained by the European Patent Office who is nor a 
national of one of the States parties to this Convention or 
does not have his place of business or employment within the 
territory of one of these States, shall be entitled to act 
as a professional representative for a party to proceedings 
relating to a Community patent before the special 
departments, provided that: 
(a) he was, according to the Register of European Patents, 
the person last authorized to act as the professional 
representative for the same party or his predecessor in 
title in proceedings pursuant to the European Patent 
Convention which relate to this Community patent or to the European patent application on which it is based; 
and 
(b) the State of \vhich he is a national or within the territory 
of which he has his place of business or employment 
applies rules, as regards representation before the 
central industrial property office of the State concerned, 
which comply, in respect of reciprocity, with such 
conditions as the Select Committee of the 
Administrative Council may prescribe. 
Article 63 
Register of Community Patents 
The European Patent Office shall keep a register, to be 
known as the Register of Community Patents, \vhich shall 
contain those particulars the registration of which is 
provided for by this Convention. The Register shall be open 
to public inspection. 
Article 64 
Community Patent Bulletin 
The European Patent Office shall periodically publish a 
Community Patent Bulletin containing entries made in the 
Register of Community Patents, as well as other particulars, 
the publication of which is prescribed by this Convention. 
Article 65 
Information to the public or official authorities 
Articles 128 (4) and 130 to 132 of the European Patent 
Convention shall apply mutatis mutandis, the term 
'Contracting States' being understood as meaning the States 
parties to this Convention. IP IN 11 IEEC/P 12 
Page 25 
No L 401124 Official Journal of the European Communities 30. 12. 89 
PART VI 
JURISDICTION AND PROCEDURE IN ACTIONS RELATING TO COMi\IUNITY 
PATENTS OTHER THAN THOSE GOVERNED BY THE PROTOCOL ON LITIGATION 
CHAPTER I 
JURISDICTION AND ENFORCEMENT 
Article 66 
General provisions 
Unless otherwise specified in this Convention, the 
Convention on Jurisdiction and Enforcement of Judgments 
in Civil and Commercial Matters, signed at Brussels on 27 
September 1968, as amended by the Conventions on the 
Accession to that Convention of the States acceding to the 
European Communities, the whole of which Convention and 
of which Conventions of Accession are hereinafter referred to 
as the 'Convention on Jurisdiction and Enforcement', shall 
apply to actions relating to Community patents, other than 
those to which the Protocol on Litigation applies, and to 
decisions given in respect of such actions. 
Article 67 
Jurisdiction of national courts concerning actions relating to 
Community patents 
The following courts shall have exclusive jurisdiction: 
(a) in actions relating to compulsory licences in respect of a 
Community patent, the courts of the Contracting State 
the national law of \vhich is applicable to the licence; 
(b) in actions relating to the right to a patent in which an 
employer and an employee are in dispute, the courts of 
the Contracting State under whose law the right to a 
European patent is determined in accordance with 
Article 60 (1), second sentence, of the European Patent 
Convention. Any agreement conferring jurisdiction 
shall be valid only in so far as the national law governing 
the contract of employment allows the agreement in 
question. 
Article 68 
Supplementary provisions on jurisdiction 
1. Within the Contracting State \vhose courts have 
jurisdiction under Articles 66 and 67, those courts shall have 
jurisdiction which would have jurisdiction ratione loci and 
ratione materiae in the case of actions relating to a national 
patent granted in that State. 
2. Articles 66 and 67 shall apply to actions relating to a 
European patent application in which the Contracting States 
are designated, except in so far as the right to the grant of a 
European patent is claimed. 3. Actions relating to a Community patent for which no 
court has jurisdiction under Articles 66 and 67 and 
paragraphs 1 and 2 may be heard before the courts of the 
Federal' Republic of Germany. 
Article 69 
Supplementary provisions on recognition and enforcement 
1. Article 27 (3) and (4) of the Convention on Jurisdiction 
and Enforcement shall not apply to decisions relating to the, 
right to the Community patent. 
2. In the case of irreconcilable decisions rebring to the 
right to a Community patent given in proceedings between 
the same parties, only the decision of the court first seised of 
the matter shall be recognized. Neither party may invoke any 
other decision even in the Contracting State in which it \vas 
given. 
Article 70 
National authorities 
For actions relating to the right to a Community patent or to 
compulsory licences in respect of a Community patent the 
term 'courtS' in this Convention and the Convention on 
Jurisdiction and Enforcement shall include authorities 
which, under the national law of a Contracting State, have 
jurisdiction to decide such actions relating to a national 
patent granted in that State. The Contracting State 
concerned shall notify the European Patent Office of any 
authority on which such jurisdiction is conferred and the 
European Patent Office shall inform the other Contracting 
States accordingly. 
CH.-\PTER II 
PROCEDURE 
Article 71 
Rules of procedure 
Unless otherwise specified in this Convention, the actions 
referred to in Articles 66 to 68 shall be subject to the national 
rules of procedure governing the same type of action relating 
to a national patent. JP IN I l/EEC/P 12 
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30. 12. 89 Official Journal of the European Communities No L 401125 
Article 72 
Obligation of the national court 
A national court which is dealing with an action relating to a 
Community patent, other than the actions governed by the 
Protocol on Litigation, shaIl treat the patent as valid. 
Article 73 
Stay of proceedings 
1. If the decision in an action before a national court 
relating to a European patent application which may result in 
the grant of a Community patent, other than an action 
governed by the Protocol on Litigation, depends upon the 
patentability of the invention, that decision may be given 
only after the European Patent Office has granted a 
Community patent or refused the European patent 
application. Paragraph 2 shall apply after the grant of the 
~ Community patent. .2. Where an opposition has been filed or a request for the 
limitation or an application for the revocation of a 
Community patent has been made, the national court may, at 
the request of one of the parties and after hearing the other 
parties, stay proceedings relating to the Community patent, 
in so far as its decision depends upon validity. At the request 
of one of the p;uties the court shall instruct that the 
documentary evidence of the opposition, limitation or 
revocation proceedings be communicated to it, in order to 
give a ruling on the request for a stay of proceedings. 
Article 74 
Penal sanctions for infringement 
The national penal prO\'isions in the matter of infringement 
shall be applicable in the case of infringement of a 
Community patent, to the extent that like acts of 
infringement would be punishable if they similarly affected a 
national patent. 
PART VII 
IMPACT ON NATIONAL LAW 
Article 75 
Prohibition of simultaneous protection 
1. Where a national patent granted in a Contracting State 
relates to an invention for which a Community patent has 
been granted to the same inventor or to his successor in title 
with the same date of filing, or, if priority has been claimed, 
with the same date of priority, that national patent shall be 
ineffective to the extent that it covers the same invention as 
the Community patent, from the date on which: 
(a) the period for filing an opposition to the Community 
patent has expired \vithout any opposition being 
filed; 
(b) the opposition proceedings are concluded with a 
decision to maintain the Community patent; or 
(c) the national patent is granted, where this date is 
subsequent to the date referred to in subparagraph (a) or 
(b), as the case may be. 
2. The subsequent lapse or revocation of the Community 
patent shall not affect the provisions of paragraph 1. 
3. Each Contracting State may prescribe the procedure 
whereby the loss of effect of the national patent is determined 
and, where appropriate, the extent of that loss. It may also 
prescribe that the loss of effect shall apply as from the 
outset. 4. Prior to the date applicable under paragraph 1, 
simultaneous protection by a Community patent or a 
European patent application and a national patent or a 
national patent application shaIl exist unless any Contracting 
State provides otherwise. 
Article 76 
Exhaustion of the rights conferred by a national patent 
1. The rights conferred by a national patent in a 
Contracting State shall not extend to acts concerning a 
product covered by that patent which are done within the 
territory of that Contracting State after that product has been 
put on the market in any Contracting State by the proprietor 
of the patent or with his express consent, unless there are 
grounds which, under Community 1.1\\1, would justify the 
extension to such acts of the rights conferred by the 
patent. 
2. Paragraph 1 shall also apply with regard to a product 
put on the market by the proprietor of a national patent, 
granted for the same invention in another Contracting State, 
who has economic connections with the proprietor of the 
patent referred to in paragraph 1. For the purpose of this 
paragraph, two persons shall be deemed to have economic 
connections where one of them is in a position to exert a 
decisive influence on the other, directly or indirectly, with 
regard to the exploitation of a patent, or where a third party 
is in a position to exercise such an influence on both 
persons. IP IN I l/EEC/P 12 
Page 27 
No L 401/26 Official Journal of the European Communities 30. 12. 89 
3. The preceding paragraph shall not apply in the case of 
a product put on the market under a compulsory licence. 
Article 77 
Compulsory licences in respect of national patents 
Article 46 shall apply mutatis mutandis to the grant of 
compulsory licences for lack or insufficiency of exploitation 
of a national patent. 
Article 78 
Effect of unpublished national applications or patents 
1. Where Article 36 (2) applies, the Community patent 
shall be ineffective in the Contracting State concerned to the 
extent that it covers the same invention as the national patent 
application or patent. 2. The procedure confirming that, pursuant to 
paragraph 1, the Community patent is ineffective in the 
Contracting State shall, in that State, be that according to 
which, if the Community patent had been a national patent, 
it could have been revoked or made ineffective. 
Article 79 
National utility models and utility certificates 
1. Articles 36,75 and 76 shall apply to utility models and 
utility certificates and to applications for utility models and 
utility certificates in the Contracting States whose laws make 
provision for such models or certificates. 
2. If a Contracting State provides in its law that a person 
may not exercise the rights conferred by a patent so long as 
there exists a utility model having an earlier date of filing or, 
where priority has been claimed an earlier date of priority, . 
the same shall, notwithstanding paragraph 1, apply also to 
the Community patent in that State. 
PART VIII 
TRANSITIONAL PROVISIONS 
Article 80 
Application of the Convention on Jurisdiction and 
Enforcement 
The proVISIons of the Convention on Jurisdiction and 
Enforcement rendered applicable by the preceding Articles 
shall not have effect in respect of any Contracting State for 
which that Convention has not yet entered into force until 
such entry into force. 
Article 81 
Option between a Community patent and a European 
patent 
1. This Convention shall, subject to paragraph 3, not 
apply to a European patent application filed during a 
transitional period nor to any resulting European patent 
provided that, within the time limit prescribed in the 
Implementing Regulations, the applicant files with the 
European Patent Office a statement indicating that he does 
not wish to obtain a Community patem and identifying the 
Contracting States the designation of which is to be 
maintained. The statement shall not be deemed to be filed 
until after the prescribed fees have been paid. The statement 
may not be withdrawn. . 
2. Article 54 (3) and (4) of the European Patent 
Convention shall apply where a European patent application 
in which the Contracting States are designated or a Community patent has a date of filing or, where priority has 
been claimed, a date of priority later than that of a European 
patent application in which one or some of the Contracting 
States are designated. In the event of limitation or revocation 
of the Community patent on this ground, limitation or 
revocation shall be pronounced only in respect of the 
Contracting States designated in the earlier European patent 
application as published. 
3. Articles 75 to 77 and 79 shall apply to a European 
patent as referred to in paragraph 1, the references in 
Articles 75 and 79 to a Community patent and the references 
in Articles 76 and 77 to a national patent being understood as 
references to such a European patent. 
4. The transitional period referred to in paragraph 1 may 
be terminated by decision of the Council of the European 
Communities, acting on a proposal from the Commission of 
the European Communities or from a Contracting State. 
5. The decision referred to in paragraph 4 shall require 
unanimity. 
Article 82 
Subsequent choice of a Community patent 
This Convention shall apply to a European patent granted in 
respect of a European patem application in which all the IP/N/lIEEC/P/2 
Page 28 
30. 12. 89 Official Journal of the European Communities NoL401/27 
Contracting States are designated and which is filed prior to 
the entry into force of this Convention, provided that prior to 
the expiry of the time limit mentioned in Article 97 (2) (b) of 
the European Patent Convention the applicant files with the 
European Patent Office a written statement that he wishes to 
obtain a Community patent. 
Article 83 
Reservation in respect of compulsory licences 
1. Any signatory State may, at the time of signature or 
when depositing its instrument of ratification, declare that it 
reserves the right to provide that Articles 46 and 77 shall not 
apply within its territory to Community patents or to 
European patents granted for, or to national patents granted 
by, that State. 
2. Any reservation made by a signatory State under 
paragraph 1 shall have effect until the end of the 10th 
year at the latest after the entry into force of the Agreement 
relating to Community Patents. However, the Council of the 
European Communities may, acting by a qualified majority 
on a proposal from a signatory State, extend the period in 
respect of a signatory State making such a reservation by not 
more than five years. This majority shall be that specified in 
the second indent of the second subparagraph of 
Article 148 (2) of the Treaty establishing the European 
Economic Community. 
3. Any reservation made under paragraph 1 shall cease to 
apply when common rules on the granting of compulsory licences in respect of Community patents have become 
operative. 
4. Any signatory State that has made a reservation under 
paragraph 1 may withdraw it at any time. Such withdrawal 
shall be made by notification addressed to the 
Secretary-General of the Council of the European 
Communities and shall take effect one month from the date 
of receipt of such notification. 
5. Termination of the effect of the reservation shall not 
affect compulsory licences granted before the date on which 
the reservation ceased to have effect. 
Article 84 
Other transitional provisions 
1. Articles 159, 161 and 163 of the European Patent 
Convention shall apply mutatis mutandis, subject to the 
following: 
(a) the first meeting of the Select Committee of the 
Administrative Council shall be on the invitation of the 
Secretary-General of the Council of the European 
Communities; 
(b) the term 'Contracting State' shall be understood as 
meaning the States parties to this Convention. 
2. Notwithstanding paragraph 1 (b), Article 62 (2) shall 
apply. 
PART IX 
FINAL PROVISIONS 
Article 85 
Implementing Regulations 
1. The Implementing Regulations shall be an integral part of this Convention. 
2. In the case of conflict between the provisions of this Convention and those of the Implementing 
Regulations, the provisions of this Convention shall prevail. IP IN I l/EEC/P/2 
Page 29 
No L 401/28 Official Journal of the European Communities 30. 12. 89 
IMPLEMENTING REGULATIONS 
TO THE CONVENTION FOR THE EUROPEAN PATENT FOR THE COMMON 
MARKET 
PART I 
IMPLEMENTING REGULATIONS TO PART I OF THE CONVENTION 
CHAPTER I 
ORGANIZATION OF THE SPECIAL DEPARTMENTS 
Rule 1 
Allocation of duties to the departments of the first 
instance 
1. The President of the European Patent Office shall 
determine the number of Revocation Divisions. He shall 
allocate duties to these departments by reference to the 
international classification. 
2. The President of the European Patent Office shall, with 
the agreement of the Select Committee of the Administrative 
Council, determine in detail the duties for which the Patent 
Administration Division is responsible pursuant to 
Article 7. 
3. In addition to the responsibilities vested in them under 
the Convention, the President of the European Patent Office 
may allocate further duties to the Patent Administration 
Division and the Revocation Divisions. 
4. The President of the European Patent Office may 
entrust to employees who are not technically or legally 
qualified members the execution of individual duties falling 
to the Patent Administration Division or the Revocation 
Divisions, and involving no technical or legal difficulties. 
Rule 2 
Administrative structure of the special departments 
1. The Revocation Divisions may be grouped together 
administratively with the Examining Divisions and Opposition Divisions so as to form directorates, or may form 
a directorate together with the Patent Administration 
Division. 
2. The special departments may be grouped together 
administratively with other departments of the European 
Patent Office so as to form Directorates-General or may form 
a separate Directorate-General; in the latter case, Rule 12 (3) 
of the Implementing Regulations to the European Patent 
Convention shall apply, but the appointment of a 
vice-president to the Directorate-General shall be decided 
upon by the Select Committee of the Administrative 
Council. 
CHAPTER II 
LANGUAGES OF THE SPECIAL DEPARTMENTS 
Rule 3 
Language of the proceedings 
1. Rules 1 to 3, 5, 6 (2) and 7 of the Implementing 
Regulations to the European Patent Convention shall apply 
mutatis mutandis to proceedings before the special 
departments. 
2. A reduction in the limitation fee, revocation fee or 
appeal fee shall be allowed the proprietor of a patent or an 
applicant for revocation who avails himself of the options 
provided for in Article 10 (4). The reduction shall be fixed in 
the Rules relating to Fees at a percentage of the total of the 
fees. 
PART II 
IMPLEMENTING REGULATIONS TO PART 11 OF THE CONVENTION 
Rule 4 
Suspension of proceedings 
Rule 13 of the Implementing Regulations to the European 
Patent Convention shall apply mutatis mutandis to limitation 
proceedings and revocation proceedings. Rule 5 
Entries regarding claims to !he right to Community 
patents 
The entries referred to in Article 23 (4) shall be made: JP IN 11 IEEC/P 12 
Page 30 
30. 12. 89 Official Journal of the European Communities NoL401/29 
(a) at the request of the registrar of the court before which 
the proceedings are instituted; 
(b) at the request of the claimant or any other interested 
person. 
Rule 6 
Filing of translations and payment of fees in examination 
or 
opposition proceedings 
1. \X'hen sending the invitation referred to in Rule 51 (6) 
of the Implementing Regulations to the European Patent 
Convention, the European Patent Office shall also invite the 
applicant for the p~ltent to file, within the period set by it, the 
translations prescribed in Article 29 (1) and to pay, within 
the same period, the fee for the publication of the translations 
of the claims. 
2. \y'hen sending the invitation referred to in Rule 58 (5) 
of the Implementing Regulations to the European Patent 
Convention, the European Patent Office shall also im'ite the 
proprietor of the patent to file, within the period referred to 
in the said p:lragraph, the translations prescribed in 
Article 29 (2) and to pay the fee for the publication of the 
translations of the claims. 
3. The period for filing the translations prescribed in 
Article 30 (1) and (2) shall be three months from the date of 
publication in the Community Patent Bulletin of the mention 
of the grant of die Community patent or, as the case may be, 
of the decision on the maintenance of the Community patent 
in amended form. 
4. If the acts required by paragraph 2 are not performed 
in due time they may still be validly performed within t\\'O 
months of notification of the communication pointing out 
the failure to observe the time limit, provided that within this 
two-month period an additional fee in accord:.ll1ce \\-ith the 
Rules relating to Fees is paid. 
Rule 7 
Forwarding of translations 
The European Patent Office shall enter in the Register of 
Community Patents the date on which the translations 
prescribed in Article 30 are filed. Copies of the translations 
shall be forwarded to the central industrial property offices 
of the Contracting States concerned by post within the 
three days following the expiry of the period laid down in 
Rule 6 (3). 
Rule 8 
Revision of the translation 
The corrected translation provided for in Article 29 (6) shall 
not have any legal effect until the fee for its publication has 
been paid. Rule 9 
Registering transfers, licences and other rights 
1. Rules 20 to 22 of the Implementing ReguLuions to the 
European Patent Convention shall apply III lIt,7tis mutandis to 
entries made in the Register of Community Patents. 
2. The request provided for in Article 24 (2) must, in the 
case of subparagraph (a), be made within two months, or in 
the case of subparagraph (b), within four months, of receipt 
of notification from the European Patent Office that the 
name of a new proprietor has been entered in the Register of 
Community Patents. 
3. \'('here a Community p~ltent is involved in bankruptcy 
or like proceedings, an entry to this effect shall be made in the 
Register of Community Patents on request of the competent 
national authority. The entry shall not incur a fee. 
4. The entry referred to in paragraph 3 shall be deleted at 
the request of the competent national authority. The request 
shall not incur a fee. 
5. \,\'here a European patent application in which the 
Contracting States are designated is involved in bankruptcy 
or like proceedings, paragraphs 3 and 4 shall apply mutatis 
mlttandis but the reference to the Register of Community 
Patents shall be understood as being a reference to the 
Register of European Patents provided for in the European 
Patent Com·ention. 
RlIle 10 
Licences of right 
1. Any person who wishes to use the invention after a 
statement provided for in Article 43 (1) has been filed, shall 
declare his intention to the proprietor of the patent by 
registered letter. The declaration shall be deemed to have 
been made one week after posting of the registered letter. A 
copy of this declaration, stating the date upon which the 
declaration was posted, shall be sent to the European Patent 
Office. Failing this, the European Patent Office shall, in the 
event of withdrawal of the statement, consider the 
declaration not to have been made. 
2. The declaration shall state how the invention is to be 
used. After the declaration has been made, the person 
making it shall be entitled to use the im-ention in the way he 
has stated. 
3. The licensee shall be obliged at the end of e\'ery quarter 
of a calendar year to report to the proprietor of the patent on 
the use made thereof and to pay the compensation therefor. If 
this obligation is not complied with, the proprietor of the 
patent may lay down a further suitable time limit for this 
purpose. If the time limit is not complied with the licence 
shall expire. 
4. A request for review of the compensation determined 
by the Revocation Division nul' be made only after the expiry 
of one year from the last determination of compensation. IP IN I 1/EEC/P 12 
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No L 401130 Official Journal of the European Communities 30. 12. 89 
PART III 
IMPLEMENTING REGULATIONS TO PART III OF THE CONVENTION 
CHAPTER I 
REl\:EW AL FEES 
Rule 11 
Payment of renewal fees 
1. Rule 37 (1) and (2) of the Implementing Regulations to 
the European Patent Convention shall apply to the payment 
of renewal fees for Community patents. 
2. An additional fee shall be deemed to have been paid at 
the same time as the renewal fee within the meaning of 
Article 48 (2) if it is paid within the period laid down in that 
provision. 
Rule 12 
Period for the entry of surrender 
The period referred to in Article 49 (3) shall be three months 
from the date on which the proprietor of the patent has 
proved to the European Patent Office that he has informed 
the licensee of his intention to surrender. If, before expiry of 
the period, the proprietor of the patent proves to the 
European Patent Office that the licensee agrees to the 
surrender, it may be entered immediately. 
CHAPTER II 
LIMIT A TIO:-.l PROCEDURE 
Rule 13 
Period for the filing of the request for limitation 
Rule 12 shall apply mlltatis mutandis to the filing of the 
request for limitation of the Community patent. 
Rule 14 
Content of the request for limitation 
The request for limitation of a Community patent shall 
contain: 
(a) the number of the Community patent which it is sought 
to limit, the name of the proprietor and the title of the 
invention; 
(b) the amendments sought; 
(cl if the proprietor of the patent has appointed a 
representative, his name and the address of his place of 
business in accordance with Rule 26 (2) (c) of the 
Implementing Regulations to the European Patent 
Convention. Rule 15 
Rejection of the request for limitation as inadmissible 
If the Revocation Division notes that the request for 
limitation of a Community patent does not comply with 
Article 51 (1) and (3) and Rule 14, it shall communicate this 
to the proprietor of the patent and shall invite him to remedy 
the deficiencies noted within such a period as it may specify. 
If the request for limitation is not corrected in good time, the 
Revocation Division shall reject it as inadmissible. 
Rule 16 
Examination of the request for limitation 
1. If the request for limitation of the Community patent is 
admissible, the proprietor of the patent shall, in any 
communication pursuant to Article 52 (2), where 
appropriate, be invited to file the description, claims and 
drawings in amended form. 
2. \X'here necessary, any communication pursuant to 
Article 52 (2) shall contain a reasoned statement. Where 
appropriate, this statement shall cover all the grounds 
against the limitation of the patent. 
3. Before the Revocation Division decides on the 
limitation of the patent, it shall inform the proprietor of the 
extent to which it intends to limit the patent, and shall 
request him to pay within three months the fee for printing a 
new patent specification and to file the translation prescribed 
in Article 53 (2) (b) within the same period. If within that 
period the proprietor has communicated his disapproval of 
the patent being limited to this extent, the communication of 
the Revocation Division shall be deemed not to have been 
made, and the limitation proceedings shall be resumed. 
4. The further period referred to in Article 53 (3) shall be 
twO months. 
5. The decision to limit the patent shall state the text of 
the patent as limited. 
Rtde 17 
Resumption of limitation proceedings 
Where limitation proceedings have been stayed because of 
revocation proceedings which result in a decision under 
Article 58 (2) or (3), the Revocation Division, after the 
publication of the mention of such decision, shall 
communicate to the proprietor of the patent that the 
proceedings will be resumed after notification of this IP IN II/EEC/P 12 
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30. 12. 89 Official Journal of the European Communities No L 401/31 
communication to the proprietor. Rule 13 (5) of the 
Implementing Regulations to the European Patent 
Convention shall apply mutatis mutilndis. 
Rule 18 
Different claims, description and drawings in the case of 
limitation 
Where it is decided to limit a Community patent in respect of 
one or some of the Contracting States, the Community patent 
may, where appropriate, contain, for that State or States, 
claims and, if the Revocation Division considers it necessary, 
a description and drawings which are different from those for 
the other Contracting States. 
Rule 19 
Form of the new specification follov.;ing limitation 
proceedings 
The President of the European Patent Office shall prescribe 
the form of the publication of the new specification of the 
Community patent and the data which are to be included. 
CHAPTER III 
REVOCATION PROCEDURE 
Rule 20 
Content of the application for revocation 
An application for revocation of a Community patent shall 
contain: 
(a) the name and address of the applicant for revocation and 
the State in \vhich his residence or principal place of 
business is located, in accordance with Rule 26 (2) (c) of 
the Implementing Regulations to the European Patent 
Convention; 
(b) the number of the patent in respect of which revocation 
is applied for, the name of the proprietor and the title of 
the invention; 
(c) a statement of the extent to which revocation is applied 
for and of the grounds on which the application is based 
as well as an indication of the facts, evidence and 
arguments presented in support of these grounds; 
(d) if the applicant has appointed a representative, his name 
and the address of his place of business, in accordance 
with Rule 26 (2) (c) of the Implementing Regulations to 
the European Patent Convention. 
Rule 21 
Security for the costs of proceedings 
The security for the costs of the proceedings shall be 
deposited in a currency in which fees may be paid. It must be 
deposited \vith a financial or banking establishment included in the list drawn up by the President of the European Patent 
Office. The national law of the Contracting State in which 
the establishment has its place of business shall apply to any 
such security. 
Rule 22 
Rejection of the application for revocation as inadmissible 
1. The Revocation Division shall communicate the 
application for revocation to the proprietor of the patent who 
may comment on its admissibility within one month. 
2. If the Revocation Division notes that the application 
for revocation does not comply with Article 55 (1) and (4) 
and Rule 20, as \vell as Rule 3 of these Implementing 
Regubtions in conjunction with Rule 1 (1) of 
the Implementing Regulations to the European Patent 
Convention, it shall communicate this to the proprietor and 
to the applicant and shall invite the applicant to remedy the 
deficiencies noted within such period as it may specify. If the 
application for revocation is not corrected in good time, the 
Revocation Division shall reject it as inadmissible. 
3. Any decision to reject an application for revocation as 
inadmissible shall be communicated to the proprietor of the 
patent. 
Rule 23 
Preparation of the examination of the application for 
revocation 
1. If the application for revocation is admissible, the 
Re\'ocation Division shall invite the proprietor of the patent 
to file his observations and to file amendments, where 
appropriate, to the description, claims and drawings within a 
period to be fixed by the Re\'ocation Division. 
2. The observations and any amendments filed by the 
proprietor of the patent shall be communicated to the 
applicant who shall be invited by the Revocation Division, if 
it considers it expedient, to reply within a period to be fixed 
by the Revocation Division. 
Rule 24 
Examination of the application for revocation 
1. All communications issued pursuant to Article 57 (2) 
and all replies thereto shall be communicated to all 
parties. 
2. In any communication from the Revocation Division 
to the proprietor of the patent pursuant to Article 57 (2), he 
shall, where appropriate, be invited to file the description, 
claims and drawings in amended form. 
3. Where necessary, any communication from the 
Revocation Division to the proprietor of the patent pursuant IP IN I llEEC/P 12 
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No L 401132 Official Journal of the European Communities 30. 12. 89 
to Article 57 (2) shall contain a reasoned statement. Where 
appropriate, this statement shall cover all the grounds 
against the maintenance of the Community patent. 
4. Before the Revocation Division decides on the 
maintenance of the patent in the amended form, it shall 
inform the parties that it intends to maintain the patent as 
amended and shall invite them to state their observations 
within a period of one month if they disapprove of the text in 
which it is intended to maintain the patent. 
5. If disapproval of the text communicated by the 
Revocation Division is expressed, examination of the 
revocation may be continued; otherwise, the Revocation 
Division shall, on expiry of the period referred to in 
paragraph 4, request the proprietor of the patent to pay 
within three months the fee for the printing of a new 
specification and to file the translations prescribed in 
Article 58 (3) (b) within the same period. 
6. The further period referred to in Article 58 (4) shall be 
two months. 
7. The decision to maintain the patent as amended shall 
state \vhich text of the patent forms the basis for the 
maintenance thereof. 
Rule 25 
Joint processing of applications for revocation 
1. The Revocation Division may order that two or more 
applications for revocation pending before it and relating to the same Community patent be dealt with jointly in order to 
carry out a joint investigation and take a joint decision. 
2. The Revocation Division may rescind an order given 
pursuant to paragraph 1. 
Rule 26 
Different claims, description and drawings in the case of 
revocation 
Where revocation of a Community patent is pronounced in 
respect of one or more of the Contracting States, Rule 18 
shall apply mutatis mutandis. 
Rule 27 
Form of the new specification following revocation 
proceedings 
Rule 19 shall apply to the new specification of the 
Community patent referred to in Article 59. 
Rule 28 
Other provisions applicable to revocation proceedings 
Rules 59, 60 and 63 of the Implementing Regulations to the 
European Patent Convention shall apply mutatis mutandis to 
requests for documents, continuation of revocation 
proceedings by the European Patent Office of its own motion 
and costs in revocation proceedings. 
PART IV 
IMPLEMENTING REGULATIONS TO PART V OF THE CONVENTION 
Rule 29 
Entries in the Register of Community Patents 
1. Rule 92 (1) (a) to (1), (0), (q) to (u) and (w), (2) and 
(3) of the Implementing Regulations to the European Patent 
Convention shall apply mutatis mutandis to the Register of 
Community Patents. 
2. The Register of Community Patents shall also contain 
the following entries: 
(a) date of lapse of the Community patent in the cases 
provided for in Article 50 (1) (b) and (c); 
(b) date of filing of the statement provided for in 
Article 43; 
(c) date of receipt of a request for limitation of the 
Community patent; (d) date and purport of the decision on the request for 
limitation of the Community patent; 
(e) date of receipt of an application for revocation of the 
Community patent; 
(f) date and purport of the decision on the application for 
revocation of the Community patent; 
(g) particulars of matters referred to in Article 23 (4); 
(h) a record of the information communicated to the 
European Patent Office concerning proceedings under 
the Protocol on Litigation. 
Rule 30 
Additional publications by the European Patent Office 
The President of the European Patent Office shall determine 
in what form the translations filed pursuant to the IP/N 11 IEEC/P 12 
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30. 12. 89 Official Journal of the European Communities NoL401/33 
Convention by the applicant for or proprietor of a patent 
and, where appropriate, corrected translations, shall be 
published and whether particulars of such translations and 
corrected translations should be entered in the Community 
Patent Bulletin. Convention, with the exception of Rules 85 (3), 86, 87, 92 
and 96, shall apply mutatis mutandis subject to the 
following: 
(a) Rule 69 shall not apply to decisions on requests for 
limitation or on applications for revocation of the 
Community patent; 
Rule 31 
Other common provisions 
Rules 36 and 106 and the provisions of Part VII of 
the Implementing Regulations to the European Patent (b) the Select Committee of the Administrative Council 
shall determine the details of the application of 
Rule 74 (2) and (3); 
(c) the term 'Contracting States' shall be understood as 
meaning the States parties to this Convention. 
PART V 
IMPLEMENTING REGULATIONS TO PART VIII OF THE CONVENTION 
Rule 32 
Option between a Community patent and a European patent 
1. The statement referred to in Article 81 (1) must be filed, and the fees paid, before or when the 
applicant approves, in accordance with Rule 51 (4) of the Implementing Regulations to the European 
Patent Convention, the text in which the patent is to be granted. 
2. The prescribed fees referred to in Article 81 (1) shall consist of: 
(a) an additional fee in accordance with the Rules relating to Fees; and 
(b) if the designation of more than three Contracting States is to be maintained, the currently 
prescribed designation fee for each additional Contracting State over and above the first 
three. IP IN I l/EEC/P 12 
Page 35 
No L 401/34 Official Journal of the European Communities 30. 12. 89 
PROTOCOL ON THE SETTLEMENT OF LITIGATION CONCERNING THE 
INFRINGEMENT AND VALIDITY OF COMMUNITY PATENTS 
(Protocol on Litigation) 
PART I 
GENERAL PROVISIONS 
Article 1 
Community patent courts 
1. The Contracting States shall designate in their 
territories as limited a number as possible of national courts 
and tribunals of first and second instance, hereinafter 
referred to as 'Community patent courts', which shall 
perform the functions assigned to them by this Protocol. 
2. The names of the Community patent courtS and their 
territorial jurisdiction are specified in the Annex to this 
Protocol. However, as regards the Kingdom of Spain and 
the Portuguese Republic, the names of these courts and 
their territorial jurisdiction shall be notified to the 
Secretary-General of the Council of the European 
Communities at the latest at the time of ratification of the 
Agreement relating to Community Patents. 
3. Any change in the number, the names or territorial 
jurisdiction of the courts shall be notified by the Contracting 
State concerned to the Secretary-General of the Council of 
the European Communities. 
Article 2 
Common Appeal Court 
1. A Community patent appeal court, common to the 
Contracting States, hereinafter referred to as 'the Common 
Appeal Court', shall be established by the present Protocol. 
The Common Appeal Court shall perform the functions 
assigned to it by this Protocol. 
2. The seat of the Common Appeal Court shall be 
determined by common accord of the Governments of the 
signatory States. 
Article 3 
Legal status 
1. The Common Appeal Court shall have legal 
personality. 
2. In each of the Contracting States, the Common Appeal 
Court shall enjoy the most extensive legal capacity accorded 
to legal persons under the national law of that State; it may in particular acquire or dispose of movable and immovable 
property and may be a parry to legal proceedings. 
3. The President of the Common Appeal Court shall 
represent the Common Appeal Court. 
Article 4 
Privileges and immunities 
The Protocol on Privileges and Immunities of the Common 
Appeal Court sh::lll define the conditions under which the 
Common Appeal Court, its judges, the members of the 
Administrative Committee, the officials and other servants of 
the Common Appeal Court and such other persons specified 
in that Protocol as take part in the work of the Common 
Appeal Court shall enjoy, in the territory of each Contracting 
State, the privileges and immunities necessary for the 
performance of their duties. 
ArticleS 
Plenum and registry 
1. The Common Appeal Court shall be constituted by 
the necessary number of judges to be determined by the 
Administrative Committee, acting unanimously, after 
consulting the Common Appeal Court; this number shall be 
at least equal to the number of Contracting States. 
2. The Common Appeal Court shall sit in plenary session. 
It may, however, form chambers, each consisting of the 
number of judges set out in its Rules of Procedure. 
3. The Common Appeal Court shall have a registry. 
Article 6 
Appointment of the judges of the Common Appeal Court 
1. The judges of the Common Appeal Court shall be 
chosen from persons who possess the qualifications required IP 1Nl 1 IEEC/P 12 
Page 36 
30. 12. 89 Official Journal of the European Communities No L 401135 
for appointment to judicial office in their respective State and 
experience in patent law; they shall be appointed by common 
accord of the representatives of the Governments of the 
Contracting States, for a term of six years. 
2. Retiring judges shall be eligible for reappointment. 
Article 7 
President of the Common Appeal Court 
1. The Judges shall elect the President of the Common 
Appeal Court from among their number for a term of three 
years. He may be re-elected. 
2. If the President is absent or indisposed, another 
member of the Court shall take his place, in order of 
seniority. 
Article 8 
Management 
The Common Appeal Court shall be managed by its 
President. For the administration of the Common Appeal 
Court, its financial management and its accounts, the 
President shall be responsible to the Administrative 
Committee. 
Article 9 
Administrative Committee 
1. The Administrative Committee shall be composed 
of the representatives of the Contracting States, the 
representative of the Commission of the European 
Communities and their alternate representatives. Each 
Contracting State and the Commission shall be entitled to 
appoint one representative and one alternate representative 
to the Administrative Committee. Where appropriate, the 
President of the Common Appeal Court shall take part in the 
deliberations of the Administrative Committee. 
2. Articles 11 (2),12,13,14 (1), (3), (4) and (5),16 (2), 
17, 18 and 19 of the Community Patent Convention shall 
apply mutatis mutandis to the Administrative Committee. 
Article 10 
Cover of expenditure 
1. Expenditure of the Common Appeal Court shall be 
covered: 
(a) by the Common Appeal Court's own resources; (b) by financial contributions from the Contracting States, 
the amount of \vhich shall be determined in accordance 
with the scale resulting from Article 20 of the 
Community Patent Convention. 
2. Each Contracting State may ask the European Patent 
Office to pay to the Common Appeal Court the contribution 
which that State is bound to make pursuant to 
paragraph 1 (b) by drawing from the revenue due to that 
State pursuant to Article 20 (2) of the Community Patent 
Convention. 
3. The provisions laid do\vn in paragraph 1 shall also be 
included in the examination of the system of financing for the 
special departments of the European Patent Office provided 
for in Article 20 (6) of the Community Patent Convention. 
When this examination has been concluded this Article may 
also be amended by a unanimous decision of the Council of 
the European Communities acting on a proposal by the 
Commission. 
4. Articles 42 to 48 to the European Patent Convention 
shall apply to the Common Appeal Court, the Administrative 
Committee acting in place of the Administrative Council of 
the European Patent Organization and the President of the 
Common Appeal Court acting in place of the President of the 
European Patent Office. 
5. The income and expenditure account and a balance 
sheet of the Common Appeal Court shall be examined by the 
Court of Auditors of the European Communities. The audit, 
which shall be based on vouchers and shall take place, if 
necessary, on the spot, shall ascertain that all income has 
been received and all expenditure effected in a lawful and 
proper manner and that the financial management is sound. 
The Court of Auditors shall draw up a report after the end of 
each accounting period. 
6. The President of the Common Appeal Court shall 
annually submit to the Administrative Committee the 
accounts of the preceding accounting period in respect of the 
budget and the balance sheet showing the assets and 
liabilities of the Common Appeal Court together with the 
report of the Court of Auditors. 
7. The Administrative Committee shall approve the 
annual accounts together with the report of the Court of 
Auditors and shall gi\'e the President of the Common Appeal 
Court a discharge in respect of the implementation of the 
budget. 
Article 11 
Remuneration of the members of the Common Appeal Court 
and Staff Regulations 
1. The Administrative Committee shall determine the 
salaries, allowances and pensions of the President and judges 
of the Common Appeal Court. It shall also determine any 
payment to be made instead of remuneration. 
2. The Administrative Committee shall Jay down the Staff 
Regulations of the officials of the Common Appeal Court IP/N 1 l/EEC/P 12 
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No L 401136 Official Journal of the European Communities 30. 12. 89 
and the Conditions of Employment of other servants of the 
Common Appeal Court. 
3. A majority of three-quarters of the votes of the 
Contracting States represented and voting shall be required 
for the decisions which the Administrative Committee is 
empowered to take under this Article. Abstentions shall not 
be considered as votes. Article 12 
Rules of Procedure of the Common Appeal Court 
The Common Appeal Court shall adopt its Rules of 
Procedure which shall, inter alia, lay down the language 
arrangements of the Court. The Rules of Procedure shall be 
subject to the unanimolls approval of the Administrative 
Committee. 
PART 11 
PROVISIONS ON INTERNATIONAL JURISDICTION AND ENFORCE~1ENT 
Article 13 
Application of the Convention on Jurisdiction and 
Enforcement 
1. Unless otherwise specified in this Protocol, the 
Convention on Jurisdiction and the Enforcement of 
Judgments in Civil and Commercial Matters, signed in 
Brussels on 27 September 1968, as amended by the 
Conventions on the Accession to that Convention of the 
States acceding to the European Communities, the whole of 
which Convention and of which Conventions of Accession 
are hereinafter referred to as 'the Convention on Jurisdiction 
and Enforcement', shall apply to proceedings governed by 
this Protocol. 
2. Articles 2, 4, 5 (1), (3), (4), (5) and 24 of the 
Convention on Jurisdiction and Enforcement shall not apply 
to proceedings governed by this Protocol. Articles 17 and 18 
of that Convention shall apply subject to the limitations in 
Article 14 (4) of this Protocol. 
3. For the purpose of applying the Convention on 
Jurisdiction and Enforcement to proceedings governed by 
this Protocol, the provisions of Title II of that Convention 
which are applicable to persons domiciled in a Contracting 
State shall also be applicable to persons who do not have a 
domicile in any Contracting State but have an establishment 
therein. 
Article 14 
Jurisdiction 
1. Subject to the provisions of this Protocol as well as 
to any provisions of the Convention on Jurisdiction and Enforcement applicable by virtue of Article 13, proceedings 
governed by this Protocol shall be brought in the courtS of the 
Contracting Stare in \vhich rhe defendant is domiciled or, if 
he is not domiciled in any of the Contracting States, in which 
he has an establishment. 
2. If the defendant neither is domiciled nor has an 
establishment in any of the Contracting States, such 
proceedings shall be brought in the courts of the Contracting 
State in which the plaintiff is domiciled or, if he is not 
domiciled in any of the Contracting States, in which he has an 
establishment. 
3. If neither the defendant nor the plaintiff is so domiciled 
or has such an establishment, such proceedings shall be 
brought in the courts of the Contracting State where the 
Common Appeal Court has its seat. 
4. Notwithstanding the provisions of paragraphs 1 to 3 
above: 
(a) Article 17 of the Convention on Jurisdiction and 
Enforcement shall apply if the parties agree that a 
different Community patent court shall have 
jurisdiction; 
(b) Article 18 of that Convention shall apply if the 
defendant enters an appearance before a different 
Community patent court. 
5. The proceedings governed by this Protocol, with the 
exception of actions for a declaration of non-infringement of 
a Community patent, may also be brought in the courts of the 
Contracting State in which the act of infringement has been 
committed or threatened, or in which an act within the 
meaning of Article 15 (1) (c) has been committed. 
PART III 
FIRST INSTANCE 
Article 15 
Jurisdiction over infringement and validity 
1. The Community patent courts of first instance shall 
have exclusive jurisdiction: (a) for all infringement actions and -if they are permitted 
under national law -actions in respect of threatened 
infringement relating to Community patents; 
(b) for actions for a declaration of non-infringement, if they 
are permitted under national law; IP/N 11 IEEC/P 12 
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30. 12. 89 Official Journal of the European Communities No L 401/37 
(c) for all actions in respect of the use made of the invention 
during the period specified in Article 32 (1) of the 
Community Patent Convention; 
(d) for counterclaims for revocation of the Community 
patent pursuant to paragraph 2. 
2. The Community patent courts of first instance shall 
treat the Community patent as valid unless its validity is put 
in issue by the defendant with a counterclaim for revocation 
of the Community patent. The counterclaim may only be 
based on the grounds for revocation mentioned in 
Article 56 (1) of the Community Patent Convention. The 
second phrase of Article 55 (1) and Article 55 (2), (3) and (6) 
of the Community Patent Convention shall apply. 
3. If the counterclaim is brought in a legal action to which 
the proprietor of the patent is not already a party, he shall be 
informed thereof and may be joined as a party to the action in 
accordance with the conditions set out in national law. 
4. The validity of a Community patent may not be put in 
issue in an action for a declaration of non-infringement. 
Article 16 
Information to the European Patent Office 
The Community patent court of first instance with which a 
counterclaim for revocation of the Community patent has 
been filed shall inform the European Patent Office of the date 
on which the counterclaim for revocation was filed. The 
latter shall record this fact in the Register of Community 
Patents. 
Article 17 
Territorial jurisdiction 
1. A Community patent court of first instance whose 
jurisdiction is based on Article 14 (1) to (4) shall have 
jurisdiction in respect of: 
acts of infringement committed or threatened within the 
territory of any of the Contracting States, 
acts within the meaning of Article 15 (1) (c) committed 
within the territory of any of the Contracting States. 
2. A Community patent court of first instance whose 
jurisdiction is based on Article 14 (5) shall have jurisdiction 
only in respect of acts committed or threatened within the 
territory of the State in which that court is situated. 
Article 18 
Stay of proceedings 
If the judgment in an action before a Community patent court 
of first instance relating to a European patent application which may result in the grant of a Community patent 
depends upon the patentability of the invention, that 
judgment may be given only after the European Patent Office 
has granted a Community patent or refused the European 
patent application. 
Article 19 
Judgments on validity 
1. Where, in a proceeding before the Community patent 
courts of first instance, the validity of a Community patent 
has been put in issue, 
(a) if any of the grounds for revocation mentioned in 
Article 56 (1) of the Community Patent Convention are 
found to prejudice the maintenance of the Community 
patent, the court shall order the revocation of the 
patent; 
(b) if none of the grounds for revocation mentioned in 
Article 56 (1) of the Community Patent Convention is 
found to prejudice the maintenance of the Community 
patent, the court shall reject the application for 
revocation; 
(c) if, taking into consideration the amendments made by 
the proprietor of the patent during the course of the 
action, none of the grounds for revocation mentioned in 
Article 56 (1) of the Community Patent Convention is 
found to prejudice the maintenance of the Community 
patent, the court shall order the patent to be maintained 
as amended. 
2. Where a Community patent court of first instance has 
given a judgment \vhich has become final on a counterclaim 
for revocation of the Community patent, it shall send a copy 
of the judgment to the European Patent Office. Any party 
may request information about such transmission. 
3. Where a Community patent court of first instance, by a 
judgment \vhich has become final, has decided to maintain 
the Community patent as amended, it shall send a copy of the 
judgment to the European Patent Office with the text of the 
patent as amended as a result of the proceedings. Any party 
may request information about such transmission. The 
European Patent Office shall publish the text provided 
that: 
(a) a translation of all amendments to the patent 
specification in one of the official languages of each of 
the Contracting States which does not have as an official 
language the language of. proceedings of the court 
is filed within a time limit identical to that referred 
to in Article 58 (3) (b) of the Community Patent 
Convention; 
(b) the fee for the pnntmg of a new specification is 
paid within a time limit identical to that referred IP IN I l/EEC/P/2 
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No L 401138 Official Journal of the European Communities 30. 12. 89 
to in Article 58 (3) (c) of the Community Patent 
Convention. 
4. If a translation is not filed in due time or if the fee for 
the printing of a new specification is not paid in due time, the 
European Patent Office shall, notwithstanding the decision 
of the Community patent court, revoke the Community 
patent unless these acts are done and the additional fee is paid 
within a further period identical to that referred to in 
Article 58 (4) of the Community Patent Convention. Article 20 
Effect of judgments on validity 
When it has become final, a judgment of a Community patent 
court of first instance revoking or amending a Community 
patent shall have, subject to Article 56 (3) of the Community 
Patent Convention, in all Contracting States the effects 
specified in Article 33 of that Convention. 
PART IV 
SECOND INSTANCE 
Article 21 
Jurisdiction of the Community patent courts of second 
instance 
1. An appeal to the Community patent cOurts of second 
instance shall lie from judgments of the Community patent 
courts of first instance in respect of proceedings referred to in 
Article 15 (1). 
2. The conditions under which an appeal may be lodged 
with a Community patent court of second instance shall be 
determined by the national law of the Contracting State in 
which that court is located. 
Article 22 
Jurisdiction of the Common Appeal Court in respect of issues 
raised on appeal before Community patent courts of second 
instance 
The Common Appeal Court shall have exclusive jurisdiction 
to determine issues raised on appeal before the Community 
patent courts of second instance concerning: 
(a) the effects of the Community patent and the European 
patent application as provided in Articles 25 to 33 
inclusive of the Community Patent Convention, in so far 
as questions of national law are not involved; 
(b) the validity of the Community patent put in issue 
pursuant to Article 15 (2). 
Article 23 
Referrals from the Community patent courts of second 
instance to the Common Appeal Court 
1. Where an appeal to a Community patent court of 
second instance raises issues in respect of which the Common 
Appeal Court has exclusive jurisdiction pursuant to 
Article 22, the court of second instance shall stay its proceedings in so far as they require a judgment on such 
issues and refer them to the Common Appeal Court for a 
judgment. A decision to stay proceedings and refer any of the 
issues mentioned in Article 22 to the Common Appeal Court 
may be taken without oral proceedings taking place. 
2. However, the Community patent court of second 
instance may continue its proceedings provided that there is 
no possibility of the judgment of the Common Appeal Court 
being prejudged. 
3. The Community patent court of second instance may 
not render a final judgment before the judgment of the 
Common Appeal Court has been given. 
Article 24 
Nature of proceedings before the Common Appeal Court 
The Common Appeal Court shall examine all the issues of 
which it is seised and give a ruling on fact and law. 
Article 25 
Judgments of the Common Appeal Court 
1. Where a judgment is given by the Common Appeal 
Court on an issue referred to in Article 22 (a) it shall find 
whether the Community parent or the European patent 
application has or has not the effects at issue. 
2. Where a judgment is given by the Common Appeal 
Court on an issue referred to in Article 22 (b), Articles 19 
and 20 shall apply mutatis mutandis. 
Article 26 
Applicable law 
The Common Appeal Court shall apply the provisions of the 
Agreement relating to Community Patents. IP 1Nl l/EEC/P 12 
Page 40 
30. 12. 89 Official Journal of the European Communities NoL401/39 
Article 27 
Effect of the judgment 
A judgment given by the Common Appeal COUrt shall be 
binding in the further proceedings of the case. 
Article 28 
Supplementary jurisdiction of the Common Appeal Court 
1. The Common Appeal Court shall decide on appeals 
from decisions of the Revocation Divisions and the Patent Administration Division of the European Patent 
Office. 
2. If proceedings in respect of a Community patent are 
pending before it, the Common Appeal Court shall, if 
necessary, decide on the lapse of that patent. 
3. \Xlhere the Common Appeal Court has given a 
judgment pursuant to paragraph 1 or 2 it shall send a copy of 
the judgment to the European Patent Office. Any party may 
request information about such transmission. 
PART V 
THIRD INSTANCE AND PRELIMINARY RULING PROCEDURE 
Article 29 
Further appeal to national courts 
The national rules concerning further appeal· shall be 
applicable in respect of judgments of Community patent 
courts of second instance on matters upon which the 
Common Appeal Court does not have exclusive jurisdiction 
under Article 22. 
Article 30 
Preliminary ruling procedure before the Common Appeal 
Court 
1. The Common Appeal Court shall have, in accordance 
with Article 5 of the Agreement relating to Community 
Patents, jurisdiction to give preliminary rulings 
concerning: 
(a) the interpretation of the Agreement in respect of matters 
not falling within its exclusive jurisdiction as provided in 
Article 22 of this Protocol; (b) the validity and interpretation of provisions enacted in 
implementation of the Agreement, to the extent to 
which they are not national provisions. 
2. 'Where such a question is raised before a national court, 
that court may, if it considers that a decision on the question 
is necessary to enable it to give judgment, request the 
Common Appeal Court to give a ruling thereon. 
3. Where any such question is raised in a case pending 
before a national court against whose decisions there is no 
judicial remedy under national law , that court shall bring the 
matter before the Common Appeal Court. 
4. The term 'courts' shall include the authorities referred 
to in Article 70 of the Community Patent Convention. 
PART VI 
COMMON PROVISIONS FOR THE COMlvlUNITY PATENT COURTS OF FIRST AND SECOND 
INSTA~CE 
Article 31 
Qualifications of judges 
The judges of the Community patent courtS shall be persons 
who possess experience of patent law. Article 32 
Applicable law 
1. The Community patent courts shall apply the 
,provisions of the Agreement relating to Community 
Patents. IP IN I1/EEC/P 12 
Page 41 
No L 401140 Official Journal of the European Communities 30. 12. 89 
2. On all matters not covered by the Agreement relating 
to Community Patents a Community patent court shall apply 
its national law, including its private international law. 
Article 33 
Procedure 
1. Unless otherwise specified in the Agreement relating to 
Community Patents, a Community patent court shall apply 
the rules of procedure governing the same type of action 
relating to a national patent in the Contracting State where is 
has its seat. 
2. Paragraph 1 shall apply mutatis mutandis in the case of 
a European patent application which may result in the grant 
of a Community patent. 
3. The Community patent court shall record in writing at 
least the essentials of the oral proceedings, including the 
testimony given and the summary examination of the items 
produced in evidence; it shall attach the procedural acts and 
written statements. 
Article 34 
Specific rules on related actions 
1. A Community patent court hearing an action referred 
to in Article 15 (1), other than an action for a declaration of 
non-infringement, shall, unless there are special grounds for 
continuing the hearing, at the request of one of the parties 
and after hearing the other parties, stay the proceedings 
where the validity of the Community patent is already in 
issue before another Community patent court or before the 
Common Appeal Court, or where opposition to the 
Community patent has already been lodged or an application 
for revocation or a request for limitation of the Community 
patent has been filed at the European Patent Office. 
2. The European Patent Office, when hearing an 
application for revocation or a request for limitation of a 
Community patent shall, unless there are special grounds for 
continuing the hearing, at the request of one of the parties and after hearing the other parties, stay the proceedings 
where the validity of the Community patent is already in issue 
before a Community patent court or before the Common 
Appeal Court. 
Article 35 
Sanctions 
1. Where a Community patent court finds that the 
defendant has infringed or threatened to infringe a 
Community patent, it shall, unless there are special reasons 
for not doing so, issue an order prohibiting the defendant 
from proceeding with the acts\vhich infringed or would 
infringe the Community patent. It shall also take such 
measures in accordance with its national law as are aimed at 
ensuring that this prohibition is complied with. 
2. In all other respects the Community patent court shall 
apply the law of the Contracting State in which the acts of 
infringement or threatened infringement were committed. 
Article 36 
Provisional, including protective measures 
1. Application may be made to the courts of a 
Contracting State, including Community patent courts, for 
such provisional, including protective, measures in respect of 
a Community patent as may be available under the law of 
that State in respect of a nationa:I patent, even if, under this 
Protocol, a Community patent court of another Contracting 
State has jurisdiction as to the substance of the matter. 
2. A Community patent court whose jurisdiction is based 
on Article 14 (1), (2), (3) or (4) shall have jurisdiction to 
grant provisional, including protective, measures which, 
subject to any necessary procedure for recognition and 
enforcement pursuant to Title III of the Convention on 
Jurisdiction and Enforcement, are applicable in the territory 
of any Contracting State. No other court shall have such 
jurisdiction. 
3. The Common Appeal Court shall not be competent to 
order provisional, including protective, measures and no 
appeal may be made to the Common Appeal Court against a 
judgment ordering such measures. 
PART VII 
TRANSITIONAL PROVISIONS 
Article 37 
Proceedings to which the Protocol applies 
This Protocol shall only apply to pro~eedings initiated after 
the entry into force of the Agreement relating to Community 
Patents. Article 38 
Application of the Convention on Jurisdiction and 
Enforcement 
The provIsions of the Convention on Jurisdiction and 
Enforcement rendered applicable by the preceding Articles IP IN I l/EEC/P 12 
Page 42 
30. 12. 89 Official Journal of the European Communities No L 401/41 
shall not have effect in respect of any Contracting State for 
which that Convention has not yet entered into force until 
such entry into force. 
Article 39 
Appointment of judges to the Common Appeal Court during 
a transitional period 
1. During a transitional period, the expiry of which 
shall be determined by the Administrative Committee, 
that Committee may, in accordance with the conditions set out in Article 5 (1), determine a number of judges of the 
Common Appeal Court which is smaller than the number of 
Contracting States. 
2. During the transitional period referred to in 
paragraph 1, the representatives of the Governments of the 
Contracting States may appoint as judges of the Common 
Appeal Court persons who possess the qualifications 
required for appointment to judicial office in their respective 
States and experience in patent law. The judges may continue 
their activities in their respective States or in international 
organizations. They may be appointed for a term of less than 
six years, though this shall not be less than one year. They 
may be reappointed. NoL401/42 
Contracting State 
BELGIQUE 
BELGn~ 
DANMARK 
DEUTSCHLAND 
EAAA~A IP 1Nl l/EEC/P/2 
Page 43 
Official Journal of the European Communities 
A;\,;\,EX 
Community patent courts 
Name of the Court 
(a) First instance 
(b) Second instance 
(a) Tribunal de premiere instance de 
Bruxelles 
(b) Cour d'Appel de Bruxelles 
(a) Rechtbank van eerste aanleg Brussel 
(b) Hof van Beroep te Brussel 
(a) -0stre landsret 
-Vestre landsret 
(b) Hojesteret 
(a) -Landgericht Braunschweig 
-Landgericht Dusseldorf 
-Landgericht Frankfurt (Main) 
-Landgericht Hamburg 
-Landgericht Mannheim 
-Landgericht Munchen I 
-Landgericht Nurnberg-Fiirth 
-Landgericht Berlin 
-Landgericht Saarbriicken 
(b) -Oberlandesgericht Braunschweig 
-Oberlandesgericht Dusseldorf 
-Oberlandesgericht Frankfurt 
(Main) 
-Oberlandesgericht Hamburg 
-Oberlandesgericht Karlsruhe 
-Oberlandesgericht ~1iinchen 
-Oberlandesgericht ;-':iirnberg 
-Kammergericht Berlin 
-Oberlandesgericht Saarbriicken 
(a) -npCl)''t001Keio AellVWV 
-npWTo01Keio 0c:ooaAoviKll':; 
(P) -E(j)ETEio AellVWV 
-EqJETeio 0EooaAoviKll':; Territorial jurisdiction 
T oute la Belgique 
Toute la Belgique 
Hele Belgische grondgebied 
Hele Belgische grondgebied 
Staden Kobenham og oernes amter 
Jyllands amter 
Hele riget 
-Land Niedersachsen 
-Land Kordrhein- Westfalen 
-Under Hessen und Rheinland-Pfalz 
-Uinder Bremen, Hamburg und 
Schleswig-Holstein 
-Land Baden-\X'limemberg 
-Oberlandesgerichtsbezirk Munchen 
-Oberlandesgerichtsbezirke Niirnberg 
und Bamberg 
-Land Berlin 
-Saarland 
-Land Niedersachsen 
-Land Kordrhein-Westfalen 
-Lander Hessen und Rheinland-Pfalz 
-Uinder Bremen, Hamburg und 
Schleswig-Holstein 
-Land Baden-\'V'iirttemberg 
-Oberlandesgerichtsbezirk Miinchen 
-Oberlandesgerichtsbezirke Niirnberg 
und Bamberg 
-Land Berlin 
-Saarland 
-nEpuptpe:u:.:; TW\, EqJETeiWV Aellvwv, 
nElpatW';, naTpwv, NaunAiou, KptlTll':; 
Kat ~WOEKa\'1ioou 
-nEpuptpE1E'; TWV EqJETeiwv 0EooaAo-
viKll':;, 0paKll';, Alyaiou, AapioollC;, 
Iwavvivwv Kat KEpKupa.:; 
-nEpuptpE1EC; TWY EqJETeiWV AellVWV, 
nElpalW':;, naTpwv, NaunAiou, KptlTllt; 
Kal ~WOEKQ.\'1iOOU 
-nEpuptpEIEC; TWV E(j)ETeiWV 0EocraAo-
vi K11c; , 0paKll':;, Alyaiou, AapicrollC;, 
Iwavvivwv Kal K£pKupac; 30. 12. 89 IP IN 11 IEEC/P 12 
Page 44 
30. 12. 89 
Concraccing Scace 
FRANCE 
EIRE 
IRELAi':D 
lTALIA Official Journal of the European Communities NoL401/43 
Name of che Courc 
(a) Firsc instance Terricorial jurisdiccion 
(b) Second inscance 
Les ressons des cours d'appel de: 
(a)-Tribunal de Marseille -Aix-en-Provence, Bastia, Nimes 
-Tribunal de Bordeaux -Agen, Bordeaux, Poitiers 
-Tribunal de Strasbourg -Colmar 
-Tribunal de Lille -Amiens, Douai 
-Tribunal de Limoges -Bourges, Limoges, Riom 
-Tribunal de Lyon -Chambery, Lyon, Grenoble 
-Tribunal de Nancy -Besan~on, Dijon, i':ancy 
-Tribunal de Paris -Orleans, Paris, Versailles, Reims, 
Rouen, Basse Terre, Fort-de-France, 
Saim-Denis (Reunion), Noumea, 
Papeete 
-Tribunal de Rennes -Angers, Caen, Rennes 
-Tribunal de Toulouse -Pau, Montpellier, Toulouse 
Les ressorts des cours d'appel de: 
(b)-Cour d'appel d'Aix -Aix-en-Provence, Bastia, Nimes 
-Cour d'appel de Bordeaux -Agen, Bordeaux, Poitiers 
-Cour d'appel de Colmar -Colmar 
-Cour d'appel de DOU3i -Amiens, Douai 
-Cour d'appel de Limoges -Bourges, Limoges, Riom 
-Cour d'appel de Lyon -Chambery, Lyon, Grenoble 
-Cour d'appel de Nancy -Besan~on, Dijon, i':ancy 
-Cour d'appel de Paris -Orleans, Paris, Versailles, Reims, 
Rouen, Basse Terre, Fort-de-France, 
Saint-Denis (Reunion), Noumea, 
Papeete 
-Cour d'appel de Rennes -Angers, Caen, Rennes 
-Cour d'appel de Toulouse -Pau, '\'1ontpellier, Toulouse 
(a) An Ard-Chuirt Eire go huile 
(b) An Chuirt Uachtarach Eire go huile 
(a) The High Court All of Ireland 
(b) The Supreme Court All of Ireland 
(a)-Tribunale di Torino -Piemome, Liguria, Val d'Aosta 
-Tribunale di Milano -Lombardia, Veneto, Trentino-Alto 
Adige, Friuli-Venezia Giulia 
-T ribunale di Bologna -Emilia-Romagna, Toscana, Marche 
-T ribunale di Roma -Lazio, Umbria, Campania, Abruzzi, 
Molise 
-Tribunale di Bari -Puglia, Basilicata, Calabria 
-T ribunale di Palermo -Sicilia 
-Tribunale di Cagliari -Sardegna 
(b)-Corte d'appello di Torino -Piemonte, Liguria, Va/ d'Aosta 
-Corte d'appello di Milano -Lombardia, Veneto, Trentino-Alto 
Adige, Friuli-Venezia Giulia 
-Corte d'appel\o di Bologna -Emilia-Romagn'a, Toscana, Marche 
-Corte d'appello di Roma -Lazio, Umbria, Campania, Abruzzi, 
Molise 
-Corte d'appello di Bari -Puglia, Basilicata, Calabria 
-Corte d'appe\lo di Palermo -Sicilia 
-Corte d'appello di Cag/iari -Sardegna No L 401144 
Contracting Sute 
LUXEMBOURG 
N'EDERLAND 
UNITED 
KINGDOM IP IN 11 IEEC/P 12 
Page 45 
Official Journal of the European Communities 
Name of the COUrt 
(a) First instance Territorial jurisdiction 
(b) Second instance 
(a) Tribunal d'arrondissement de Tout le Luxembourg 
Luxembourg ou de Diekirch 
(b) Cour d'appel du Grand-Duche Tout le Luxembourg 
(a) Arrondissementsrechrbank re Hele Nederlandse grondgebied 
's-Gravenhage 
(b) Gerechtshof re 's-Gravenhage Hele Nederlandse grondgebied 
(a)-The Patent Court -England and Wales 
-The Outer House to the Court of -Scotland 
Session 
-The High Court -Northern Ireland 
(b)-The Court of Appeal -England andWales 
-The Inner House of the Court of -Scotland 
Session 
-The Court of Appeal -Northern Ireland 30.12.89 IP IN II/EEC/P 12 
Page 46 
30. 12.89 Official Journal of the European Communities No L 401145 
PROTOCOL ON PRIVILEGES AND IMMUNITIES OF THE COMMON APPEAL COURT 
(Protocol on Privileges and Immunitics) 
Article 1 
1. The premises of the Common Appeal Court, 
hereinafter referred to as 'the Court', shall be inviolable. 
2. The authorities of a State in which the Court has its 
premises shall not enter those premises, except with the 
consent of the President of the Court or his representative. 
Such consent shall be assumed in case of fire or other disaster 
requiring prompt protective action. 
3. Service of process at the premises of the Court and of 
any other procedural instruments relating to a cause of action 
against the Court shall not constitute breach of 
inviolability. 
Article 2 
The archives of the Court and any documents belonging to or 
held by it shall be inviolable. 
Article 3 
1. Within the scope of its official activities the Court shall 
have immunity from jurisdiction except: 
(a) to the extent that the Court shall have expressly waived 
such immunity in a particular case, given that the Court 
has the duty to \\TJive such immunity where it is 
impeding the normal course of justice and that it is 
possible to dispense with such immunity without 
prejudicing the interests of the Court; 
(b) in the case of a civil action brought by a third part)' for 
damage resulting from an accident caused by a vehicle 
belonging to, or operated on behalf of, the Court, or in 
respect of a traffic offence involving such a vehicle; 
(c) in the event of the attachment, pursuant to a decision by 
the judicial authorities or by the administrative 
authorities referred to in Article Va of the Protocol 
annexed to the Convention of 27 September 1968 on 
Jurisdiction and the Enforcement of Judgments in Civil 
and Commercial Matters as amended by the Convention 
of Accession of 9 October 1978, of the salaries and 
emoluments, including pensions, owed by the Court to a 
member or former member of its staff; 
(d) in the case of a civil action based on an obligation of the 
Court resulting from a contract, including a contract of 
employment concluded with a staff member; (e) where the Court has instituted proceedings and the 
defendant brings a counter-action directly linked to the 
main action. 
2. The official acnvltles of the Court shall, for the 
purposes of this Protocol, be such as are strictly necessary for 
performance of the duties assigned to it by the Protocol on the 
Settlement of Litigation concerning the Infringement and 
Validity of Community Patents. 
Article 4 
1. The property and assets of the Court, wherever 
situated, shall be immune from any form of requisition, 
confiscation, expropriation, sequestration and execution 
unless the immunity of the Court is excluded by reason of a 
fact referred to in Article 3 (1) (a) to (e). 
2. The property and assets of the Court shall also be 
immune from any form of administrative or provisional 
judicial constraint, except in so far as may be temporarily 
necessary in connection with the prevention and 
investigation of accidents involving vehicles belonging to or 
operated on behalf of the Court and except in so far as the 
immunity of the Court is excluded under Article 3 (1) (a) 
to (e). 
Article 5 
1. Within the scope of its official activities, the Court and 
its property and income shall be exempt from all direct 
taxes. 
2. Where, for the exercise of its official activities, 
substantial purchases in the price of which taxes or duties are 
included are made by the COUrt, appropriate measures shall, 
whenever possible, be taken by the Contracting States to 
remit or reimburse to the Court the amount of such taxes or 
duties. 
3. No exemption shall be accorded in respect of duties 
and taxes merely constituting charges for public utility 
services. 
Article 6 
Goods imported or exported by the Court for the exercise of 
its official activities shall be exempt from duties and charges 
on import or export, other than fees or taxes representing IP/N I1/EEC/P/2 
Page 47 
No L 401/46 Official Journal of the European Communities 30. 12. 89 
services rendered, and from all prohibitions and restrictions 
on import or export. 
Article 7 
No exemption shall be granted under Articles 5 and 6 for the 
personal benefit of the judges, officials or other servants of 
the Court. 
Article 8 
1. Goods belonging to the Court which have been 
acquired or imported under Article 5 or Article 6 shall not be 
sold or given away except in accordance with conditions 
agreed to by the Contracting States which have granted the 
exemptions. 
2. The transfer of goods and provIsIon of services 
between the various buildings of the Court shall be exempt 
from charges or restrictions of any kind; where appropriate, 
the Contracting States shall take all the necessary measures to 
remit or reimburse the amount of such charges or to lift such 
restrictions. 
Article 9 
The transmission of publications by or to the Court shall not 
be restricted in any way. 
Article 10 
The Court may, without being subject to any control, 
regulations or financial moratorium: 
(a) receive and hold funds and foreign currency of any kind 
and have bank accounts in any of the currencies of the 
Member States of the European Communities or in 
European Currency Units; 
(b) freely transfer its funds and foreign currency from one 
Member State of the European Communities to another 
or to a non-member State. 
Article 11 
1. For its official communications and the transmission of 
all its documents, the Court shall enjoy in the territory of 
each Contracting State the treatment accorded by that State 
to the Court of Justice of the European Communities. 
2. Official correspondence and other official 
communications of the Court shall not be subject to 
censorship. 
Article 12 
The Contracting States shall take all appropriate measures to 
facilitate the entry, stay and departure of judges, officials and 
other servants of the Court. Article 13 
1. The members of the Administrative Committee, their 
alternates, advisers and experts shall enjoy, \vhile attending 
meetings of the Administrative Committee and of any body 
established by it, and in the course of their journeys to and 
from the place of meeting, the following privileges and 
immunities: 
(a) immunity from arrest or detention and from seizure of 
their personal luggage, except when found committing, 
attempting to commit, or JUSt having committed an 
offence; 
(b) immunity from jurisdiction, even after the termination 
of their mission, in respect of acts, including words 
written and spoken, done by them in the exercise of their 
functions; this immunity shall not apply, however, in 
the case of a traffic offence committed by one of the 
persons referred to above, or in the case of damage 
caused by a vehicle belonging to or driven by such a 
person; 
(c) inviolability for all their official papers and 
documents; 
(d) the right to use codes and to receive documents or 
correspondence by special courier or sealed bag; 
(e) exemption for themselves and their spouses from all 
measures restricting entry and from aliens' registration 
formalities; 
(f) the same facilities in the matter of currency and 
exchange control as are accorded to the representatives 
of foreign Governments on temporary official 
missions. 
2. Privileges and immunities are accorded to the persons 
referred to in paragraph 1, not for their personal advantage 
but in order to ensure complete independence in the exercise 
of their functions in connection with the Court. 
Consequently, a Contracting State has the duty to waive the 
immunity in all cases where, in the opinion of that State, such 
immunity \vould impede the course of justice and \vhere it 
can be waived without prejudicing the purposes for which it 
was accorded. 
Article 14 
The judges, officials and other servants of the Court: 
(a) shall, even after their service has terminated, have 
immunity from jurisdiction in respect of acts, including 
words written and spoken, done in the exercise of their 
functions; this immunity shall not apply, however, in 
the case of a traffic offence committed by a judge, 
official or other servant of the Court, or in the case of 
damage caused by a vehicle belonging to or driven by a 
judge, official or other servant; 
(b) shall be exempt from all obligations in respect of 
military service; IP/N/lIEEC/P/2 
Page 48 
30. 12. 89 Official Journal of the European Communities No L 401147 
(c) shall enjoy inviolability for all their official papers and 
documents; 
(d) shall enjoy the same facilities as regards exemption from 
all measures restricting immigration and governing 
aliens' registration as are normally accorded to staff 
members of international organizations, as shall 
members of their families forming part of their 
hausehold; 
(e) shall enjoy the same privileges in respect of exchange 
regulations as are normally accorded to the staff 
members of international organizations; 
(f) shall enjoy the same facilities as to repatriation as 
diplomatic agents in times of international crisis, as shall 
the members of their families forming part of their 
household; 
(g) shall have the right to import duty-free their furniture 
and personal effects at the time of first taking up their 
post in the State concerned and the right on the 
termination of their functions in that State to export free 
of duty their furniture and personal effects, subject to 
the conditions considered necessary by the Government 
of the State in whose territory the right is exercised and 
with the exception of property acquired in that State 
which is subject to an export prohibition therein. 
Article 15 
1. The persons referred to in Article 14 shall be subject to 
a tax for the benefit of the Court on salaries and emoluments 
paid by the Court, subject to the conditions and rules laid 
down by the Administrative Committee within a period of 
one year from the date of entry into force of the Agreement 
relating to Community Patents. From the date on which this 
tax is applied, such salaries and emoluments shall be exempt 
from national income tax. The Contracting States may, 
however, take into account the salaries and emoluments thus 
exempt when assessing the amount of tax to be applied to 
income from other sources. 
2. Paragraph 1 shall not apply to pensions and annuities 
paid by the Court to former judges, officials or other servants 
of the Court. 
Article 16 
The Administrative Committee shall determine the 
categories of officials and other servants to whom the 
provisions of Article 14, in whole or in part, and Article 15 
shall apply. The names, titles and addresses of the officials 
and other servants included in such categories and of the 
judges shall be communicated from time to time to the 
Contracting States. 
Article 17 
In the event of the Court establishing its o\\'n social security 
scheme, the Court, together \'.'ith its judges, officials and 
other servants, shall be exempt from all compulsory 
contributions to national social security schemes, subject to 
the agreements made \vith the Contracting States in 
accordance with the provisions of Article 23. Article 18 
1. The privileges and immunities provided for in this 
Protocol are not designed to give perso:1al advantage to 
judges, officials or other servants of the Court. They are 
provided solely to ensure, in all circumstances, the 
unimpeded functioning of the Court and the complete 
independence of the persons to whom they are accorded. 
2. The Court, sitting in plenary session, has the duty to 
waive immunity where it considers that such immunity is 
impeding the normal course of justice and that it is possible to 
dispense with such immunity without prejudicing the 
interests of the Court. 
Article 19 
Where immunity has been waived and criminal proceedings 
are instituted against a judge, he shall be tried, in any of the 
Member States, only by the court competent to judge the 
members of the highest national judiciary. 
Article 20 
1. The Court shall cooperate at all times with the 
competent authorities of the Contracting States in order to 
facilitate the proper functioning of the process of justice, to 
ensure the observance of police regulations and regulations 
concerning public health, labour inspection or other similar 
national legislation, and to prevent any abuse of the 
privileges, immunities and facilities provided for in this 
Protocol. 
2. The procedure of cooperation mentioned in 
paragraph 1 may be laid down in the complementary 
agreements referred to in Article 23. 
Article 21 
Each Contracting State retains the right to take all 
precautions necessary in the interests of its security. 
Article 22 
No Contracting State is obliged to extend the privileges and 
immunities referred to in Articles 13 and 14 (b), (e) and (g) to 
its own nationals or permanent residents. 
Article 23 
The Court may, on a decision of the Administrative 
Committee, conclude with one or more Contracting States 
complementary agreements to give effect to the provisions of 
this Protocol as regards such State or States, and may 
conclude other arrangements to ensure the efficient 
functioning of the Court and the safeguarding of its 
interests. IP 1Nl 1 IEEC/P 12 
Page 49 
No L 401148 Official Journal of the European Communities 30. 12. 89 
PROTOCOL ON THE STATUTE OF THE COM~10N APPEAL COURT 
Article 1 
The Common Appeal Court, hereinafter referred to as 'the 
Court', established by Article 2 of the Protocol on the 
Settlement of Litigation concerning the Infringement and 
Validity of Community Patents, hereinafter referred to as 
'the Protocol on Litigation', shall be constituted and shall 
function in accordance with the provisions of the Protocol on 
Litigation and of this Protocol. 
PART I 
Judges 
Article 2 
Before taking up his duties each judge shall, in open court, 
take an oath to perform his duties impartially and 
conscientiously and to preserve the secrecy of the 
deliberations of the Court. 
Article 3 
The judges may not hold any political or administrative 
office. 
They may not engage in any occupation, whether gainful or 
not, unless exemption is exceptionally granted by the 
Administrative Committee. 
When taking up their duties, they shall give a solemn 
undertaking that, both during and after their term of office, 
they will respect the obligations arising therefrom, in 
particular the duty to behave with integrity and discretion as 
regards the acceptance, after they have ceased to hold office, 
of certain appointments or benefits. 
Any doubt on this point shall be settled by the Court of 
Justice of the European Communities. 
Article 4 
Apart from normal replacement, or death, the duties of a 
judge shall end when he resigns. 
Where a judge resigns, his letter of resignation shall be 
addressed to the President of the Court for transmission to 
the Chairman of the Administrative Committee. Upon this 
notification a vacancy shall arise on the bench. 
Save where Article 5 applies, a judge shall continue to hold 
office until his successor takes up his duties. Article 5 
A judge may be deprived of his office or of his right to a 
pension or other benefits in its stead only if, in the opinion of 
a three-quarters majority of the judges of the COllrt of Justice 
of the European Communities, he no longer fulfils the 
requisite conditions or meets the obligations arising from his 
office. 
The initiative in respect of proceedings to th:u end shall lie as 
stipulated in the Rules of Procedure. 
The President of the Court of Justice of the European 
Communities shall notify the decision of the Court to the 
Chairman of the Administrative Committee. 
In the case of a decision depriving a judge of his office, a 
vacancy shall arise on the bench upon this notification. 
Article 6 
A judge who is to replace a member of the Court whose term 
of office has not expired shall be appoimed for the remainder 
of his predecessor's term. 
PART II 
Organization 
Article 7 
Officials and other servants shall be attached to the Court to 
enable it to function. They shall be responsible to the 
President of the Court. 
Article 8 
The judges shall be required to reside at the place where the 
Court has its seat. 
Article 9 
The Court shall remain permanently in session. The duration 
of the judicial vacations shall be determined by the Court 
with due regard to the needs of its business. 
A.rticle 10 
Decisions of the full Court as well as its chambers shall be 
valid only when an uneven number of its members is sitting in 
the deliberations. IP/N/1/EEC/P/2 
Page 50 
30. 12. 89 Official Journal of the European Communities NoL401/49 
Decisions of the full Court shall be valid if the lowest uneven 
number of members exceeding half of the number of 
members of the Court is sitting. 
Decisions of the chambers shall be valid if three members are 
sitting; in the event of one of the judges of a chamber being 
prevented from attending, a judge of another chamber may 
be called upon to sit in accordance with the conditions laid 
down in the Rules of Procedure. 
Article 11 
~o judge may take part in the disposal of any case in which he 
has previously taken part as ad\'iser or has acted for one of 
the parties, or in which he has been called upon to pronounce 
as a member of a court or tribunal, of a commission of 
inquiry or in any other capacity. 
If, for some special reason, any judge considers that he 
should not take part in the judgment or examination of a 
particular case, he shall so inform the President. If, for some 
special reason, the President considers that any judge should 
not sit in a particular case, he shall notify him 
accordingl y. 
A. judge may be objected to by any pany for one of the 
reasons mentioned in the first paragraph or if suspected of 
partiality. 
A party may not apply for a change in the composition of the 
Court or of one of its chambers on the grounds of either the 
nationality of a judge or the absence from the Court or from 
the chamber of a judge of the nationality of that party. 
Any difficulty arising as to the application of this Article shall 
be settled by decision of the COUrt. 
Article 12 
The parties must be represented before the Court by a lawyer 
entitled to practise before a court of a Contracting State. 
The lawyer may be assisted by a technical adviser who is a 
professional representative whose name appears on the list 
maintained by the European Patent Office and who is 
entitled to act before the special departments of that Office 
pursuant to Article 62 of the Community Patent Convention, 
or by a technical adviser who is an authorized patent 
representative in a Contracting State. The technical adviser 
shall be allowed to speak at hearings under conditions laid 
down in the Rules of Procedure. 
Such lawyers and technical advisers shall, when they appear 
before the Court, enjoy the rights and immunities necessary 
to the independent exercise of their duties, under conditions 
laid down in the Rules of Procedure. As regards such lawyers and technical advisers who appear 
before it, the Court shall have the powers normally accorded 
to courts of law, under conditions laid down in the Rules of 
Procedure. 
Article 13 
The procedure before the Court shall consist of two parts: 
\vritten and oral. 
The wirtten procedure shall consist of the communication to 
the persons involved in the proceedings of applications, 
statements of case, defences and observations and of replies, 
as well as of all papers and documents in support or of 
certified copies of them. 
Communications shall be made by the Registry in the order 
and within the time laid down in the Rules of Procedure. 
The oral procedure shall consist of the reading of the report 
presented by a judge as Rapporteur, the hearing by the Court 
of lawyers and technical advisers, as well as the hearing, if 
any, of witnesses and experts. 
Article 14 
The Court may require the parties to produce all documents 
and to supply all information which the Court considers 
desirable. Formal note shall be taken of any refusal. 
Article 15 
New evidence may be produced before the Court under 
conditions bid down in the Rules of Procedure. 
Article 16 
The Court may at any time entrust any individual, body, 
authority, committee or other organization it chooses with 
the task of giving an expert opinion. 
Article 17 
\Vitnesses may be heard under conditions laid down in the 
Rules of Procedure. 
Article 18 
With respect to defaulting witnesses and experts the Court 
shall have the powers generally granted to courts and 
tribunals and may impose pecuniary penalties under 
conditions laid down in the Rules of Procedure. 
Article 19 
\'\'itnesses and experts may be heard on oath taken in the 
form laid down in the Rules of Procedure or in the manner 
laid down by the law of the country of the witness or 
expert. IP IN 11 IEEC/P 12 
Page 51 
No L 401150 Official Journal of the European Communities 30. 12. 89 
Article 20 
The Court may order that a witness or expert be heard by the 
judicial authority of his place of permanent residence. 
The order shall be sent for implementation to the competent 
judicial authority under conditions laid down in the Rules of 
Procedure. The documents drawn up in compliance with the 
letters rogatory shall be returned to the Court under the same 
conditions. 
The Court shall defray the expenses, without prejudice to the 
right to charge them, where appropriate, to the parties. 
Article 21 
A Contracting State shall treat any violation of an oath by a 
witness or expert in the same manner as if the offence had 
been committed before one of its courts with jurisdiction in 
civil proceedings. At the instance of the Court, the 
Contracting State concerned shall prosecute the offender 
before its competent court. 
Article 22 
A hearing in court shall be public, unless the Court, of its own 
motion or on application by the parties, decides otherwise for 
serious reasons. 
Article 23 
During a hearing the Court may examine the experts, the 
witnesses and the parties themselves. The latter, however, 
may address the Court only through their representatives. 
Article 24 
Minutes shall be made of each hearing and signed by the 
President and a member of the Registry. 
Article 25 
The cause list shall be established by the President. 
Article 26 
The deliberations of the Court shall be and shall remain 
secret. 
Article 27 
Judgments of the Court shall state the reasons on which they 
are based. They shall contain the names of the judges who 
took part in the deliberations. 
Article 28 
Judgments of the Court shall be signed by the President an·d a 
member of the Registry. They shall be delivered in open 
court. Article 29 
Where the Court is satisfied that any person has established 
an interest in the result of any case submitted to the Court, 
the Court may allow that person to intervene in the case. 
Submissions made in an application to intervene shall be 
limited to supporting the submissions of one of the 
parties. 
Article 30 
Periods of grace based on considerations of distance shall be 
determined by the Rules of Procedure. 
No right shall be prejudiced in consequence of the expiry of a 
time limit if the party concerned proves the existence of 
unforeseeable circumstances or of force majeure. 
Article 31 
If the meaning or scope of a judgment rendered by the Court 
pursuant to Article 28 of the Protocol on Litigation is in 
doubt, the Court shall construe it on application by any party 
establishing an interest therein. 
Article 32 
The law of the Contracting State in which the Community 
patent court of second instance referring the case to the Court 
has its seat shall be applicable to the revision of a judgment 
rendered by the Court pursuant to Article 25 of the Protocol 
on Litigation. Article 23 of the Protocol on Litigation shall 
also be applicable to re\·ision proceedings. 
Article 62 (1) of the Community Patent Convention in 
conjunction with Article 125 of the European Patent 
Convention shaB be applicable to the revision of a judgment 
rendered by the Court pursuant to Article 28 of the Protocol 
on Litigation. 
Article 33 
Unless otherwise provided in the Agreement relating to 
Community Patents or in national law, the Court and the 
courts or authorities of the Contracting States shall on 
request give assistance to each other by communicating 
information or opening files for inspection. 
Article 34 
The Rules of Procedure of the Court provided for in 
Article 12 of the Protocol on Litigation shall contain, apart 
from the provisions contemplated by this Protocol, any other 
provisions necessary for applying and, where required, 
supplementing it. IP 1Nl 1 IEEC/P 12 
Page 52 
30. 12.89 Official Journal of the European Communities NoL401/51 
PROTOCOL ON A POSSIBLE MODIFICATION OF THE CONDITIONS OF ENTRY INTO 
FORCE OF THE AGREEMENT RELATING TO COMMUNITY PATENTS 
THE HIGH CONTRACTINC? PARTIES to the Treaty establishing the European Economic Community, 
HA YING REGARD to the Agreement relating to Community Patents, done at Luxembourg on 15 December 
1989, 
CONSIDERING the interest of implementing the Community patent system at the moment of completion of the 
Internal tl.1arket, 
CONSIDERING that a procedure should be provided for achieving this aim in the event of certain difficulties not 
permitting the completion in due time of the formalities set out in Article 10 of the Agreement, the final objective 
remaining, however, the implementation of the system in respect of all the signatory States, 
CONSIDERING that in the event of this procedure being applied the operation of the system established by the 
Agreement would require that certain Institutions of the European Communities be given powers in respect of 
Community patents e\'en before that Agreement is in force in respect of all the signatory States, 
HA YE AGREED AS FOLLOWS: 
Article 1 
If on 31 December 1991 the Agreement relating to 
Community Patents, done at Luxembourg on 15 December 
1989, hereinafter referred to as 'the Agreement', has not 
entered into force, a Conference of Representatives of the 
Governments of the Ivlember States of the European 
Economic Community shall be convened by the President of 
the Council of the European Communities. This Conference 
shall be empowered to amend, unanimously, the number of 
States which must have ratified the Agreement in order for it 
to enter into force. 
Article 2 
If the Conference takes a decision under the preceding 
Article, the following provisions shall apply: 
(a) the COllrt of Justice of the European Communities shall 
in respect of Community patents have the jurisdiction 
conferred on it by the Agreement. The Protocol on the 
Statute of the Court of Justice of the European 
Economic Community and the Rules of Procedure of the 
Court of Justice shall apply. The Rules of Procedure 
shall be adapted and supplemented, as necessary, in 
conformity with Article 188 of the Treaty establishing 
the European Economic Community; 
(b) the other Institutions of the European Communities 
referred to in the Agreement and the Court of Auditors 
shall exercise the powers conferred on them by that 
Agreement; 
(c) any ratification after the entry into force of the 
Agreement shall take effect on the first day of the third month follO\ving the deposit of the instrument of 
ratification. If, hO\vever, the European Patent 
Convention becomes effective in respect of the State 
concerned at a later date, the Agreement shall take effect 
in respect of that State on that d:ne; 
(d) as long as the Agreement has not entered into force in 
respect of a signatory State, that State may take part as 
an observer in the Select Committee of the 
Administrative Council of the European Patent 
Organization, hereinafter referred to as 'the Select 
Committee', and in the Administrative Committee of 
the Common AppeaJ Court and may appoint a 
representative and an alternative representative to each 
of these bodies for this purpose. However, that State 
may take parr as a full member of the body concerned 
where: 
that body is acting under Article 13, second 
sentence, of the Agreement, or 
the Select Committee is exercising its competence 
under Article 16 (1) of the Community Patent 
Convention; 
(e) as long as the Agreement has not taken effect with 
respect to one of the signatory States, the percentage laid 
down for that State in the scale laid down in 
Article 20 (3) of the Community Patent Convention 
shall be distributed proportionally among the 
Contracting States. After the entry into force of the 
Agreement with respect to the State concerned, this 
provision shall continue to apply with regard to the 
distribution of the revenue derived from renevval fees 
received for Community patents which have no effect in 
the territory of that State; IP 1Nl l/EEC/P/2 
Page 53 
No L 401/52 Official Journal of the European Communities 30. 12. 89 
(f) any percentage ofthe scale laid down in Article 20 (3) of 
the Community Patent Convention which concerns a 
signatory State which has not yet ratified the Agreement 
at the time of its entry into force may not be amended in 
accordance with the procedure laid down in 
Article 20 (4) and (5) of that Convention until five years 
after the entry into force of the Agreement with respect 
to that State; 
(g) when the Agreement becomes effective in respect of a 
State after its entry into force, Article 82 of the 
Community Patent Convention shall apply to European 
patent applications to which the Agreement applies and 
in which that State is designated; 
(h) a reservation made by a signatory State under 
Article 83 (1) of the Community Patent Convention 
shall cease to have effect at the latest at the end of the 
10th year after the entry into force of the Agreement 
with respect to all the signatory States. Article 83 (2), 
second sentence, shall also apply. 
Article 3 
1. This Protocol shall be open· until 21 December 1989 
for signing by the States parties to the Treaty establishing the 
European Economic Community. 2. This Protocol shall be subject to ratification by the 12 
signatory States; the instruments of ratification shall be 
deposited with the Secretary-General of the Council of the 
European Com_munites. 
Article 4 
This Protocol shall enter into force on the first day of the 
third month following the deposit of the instrument of 
ratification of the last of the 12 signatory States to complete 
that formality. 
Article 5 
This Protocol, drawn up in a single original in the Danish, 
Dutch, English, French, German, Greek, Irish, Italian, 
Portuguese and Spanish languages, all 10 texts being equally 
authentic, shall be deposited in the archives of the General 
Secretariat of the Council of the European Communities. 
The Secretary-General shall transmit a certified copy to the 
Government of each of the Member States of the European 
Economic Community. IP IN I l/EEC/P 12 
Page 54 
30. 12. 89 Official Journal of the European Communities No L 401/53 
En fe de 10 cual los plenipotenciarios abajo firmantes han suscrito el presente Protocolo. 
Til bekr.dtelse heraf har undertegnede befuldma::gtigede underskrevet denne protokol. 
Zu Urkund dessen haben die unterzeichneten Bevollmachtigten ihre Unterschrift unter dieses 
Protokoll gesetzt. 
It: 7tiOTWOll TWV UVWTtpW Cl U7toypc{(povn;~ 7tA7]Pt:~OUOLOl tewuv T7]V U7toypuqJ11 TOU'; KCtTW U7tO TO 
nupov rrpWTOKOUO. 
In witness whereof, the undersigned Plenipotentiaries have affixed their signatures belo.\' this 
Protocol. 
En foi de quoi, les plenipotentiaires soussignes ant appose leurs signatures au bas du present 
protocole. 
Da fhianu sin, chuir na Unchumhachtaigh thios-sinithe a lamh leis an bPr6tacal seo. 
In fede di che, i plenipotenziari sottoscritti hanno apposto le foro firme in cake al presente 
protocollo. 
Ten blijke waarvan de ondergetekende gevolmachtigden hun handtekening onder dit Protocol hebben 
gesteld. 
Em fe do que, os plenipotenciarios abaixo-assinados apuseram as suas assinaturas no final do presente 
Protocolo. 
Hecho en Luxemburgo, el quince de diciembre de mil novecientos ochenta y nueve. 
Udfa::rdiget i Luxembourg, den femtende december ninen hundrede og niogfirs. 
Geschehen zu Luxemburg am funfzehnten Dezember neunzehnhundertneunundachtzig. 
'EYlvt: (HO i\ou~t:!lpoupyo, on~ OEKU 7tEVn; ~£K£!lPpiou XiAlU £VVtUKOOta oyMVTa £WEU. 
Done at Luxembourg on the fifteenth day of December in the year one thousand nine hundred and 
eighty-nine. 
Fait a Luxembourg, le quinze decembre mil neuf cent quatre-vingt-neuf. 
Arna dheanamh i Lucsamburg, an cuigiu la deag de mhf na Nollag mile naoi gcead ocht6 a naoi. 
Fatto a LU5semburgo, add! quindici dicembre millenovecentottantanove. 
Gedaan te Luxemburg, de viiftiende december negentienhonderd negenentachtig. 
Feito no Luxemburgo, em quinze de Dezembro de mil novecentos e oitenta e nove. No L 401154 Official Journal of the European Communities 
Pour Sa Majeste le roi des Beiges 
Voor Zijne Majesteit de Koning der Belgen 
For HendesMajesta:t Danmarks Dronning 
Fur den Prasidenten der Bundesrepublik Deutschland 
[la '(ov npoc:opo rTlC; EA.A.TlVlK~C; 6.TI)loKpariac; 
Par Su Majestad eI Rey de Espana IP IN I1/EEC/P/2 
Page 55 
30. 12. 89 30. 12.89 IP 1Nl 1 IEEC/P 12 
Page 56 
Official Journal of the European Communities 
Pour le president de la RepubJique fran~aise 
For the President of Ireland 
Uachtad.n na hEireann 
Per il Presidente della Repubblica italiana 
Pour Son Altesse Royale le grand-due de Luxembourg 
Voor Hare Majesteit de Koningin der Nederlanden 
f . \ ,.A\/iv~, ~ 
(---- ~-No L 401155 No L 401/56 Official Journal of the European Communities 
Pelo Presideme da Republica Portuguesa IP IN I l/EEC/P 12 
Page 57 
For Her Majesty the Queen of the United Kingdom of Great Britain and Northern Ireland 30. 12. 89 30. 12. 89 IP IN 11 IEEC/P 12 
Page 58 
. Official Journal of the European Communities 
JOINT DECLARATION No L 401157 
THE GOVERNMENTS OF THE MEMBER STATES OF THE EUROPEAN ECONOMIC 
COMMUNITY 
At the time of signing the Agreement relating to Community Patents. 
HAVE ADOPTED the following Resolutions attached as Annex I, the contents of which appeared in 
the corresponding Resolutions attached to the Final Act of the 1975 Luxembourg Conference on the 
Community Patent: 
Resolution concerning prior use or possession, 
Resolution on common rules on the granting of compulsory licen~s in respect of Community 
patents; 
HAVE ADOPTED the following Declarations attached as Annex II, the contents of which appeared in 
the Annex to the Joint Declaration adopted by the 1985 Luxembourg Conference on the Community 
Patent: 
Declaration on the adjustment of national patent law, 
Declaration on the operation of the Common Appeal Court during a transitional period; 
HAVE ADOPTED the following Decision attached as Annex Ill, the contents of which result from the 
Decision on preparations for the commencement of activities of the special departments of the 
European Patent Office, annexed to the Final Act of the 1975 Luxembourg Conference, and from the 
supplementary Decision to the previously cited Decision, annexed to the Joint Declaration adopted by 
the 1985 Luxembourg Conference: 
Decision on preparations for the commencement of the activities of the special departments of the 
European Patent Office and of the Common Appeal Court; 
HA VE ADOPTED the following Resolution and Declarations attached as Annex IV: 
Declaration relating to the special agreements referred to in Article 7 (4) and Article 8 of the 
Agreement relating to Community Patents, 
Resolution on the establishment of the scale of renewal fees for Community patents, 
Declaration on the jurisdiction rules in the Protocol on Litigation, 
Declaration on a possible modification of the conditions of entry into force of the Agreement 
relating to Community Patents. No L 401158 Official Journal of the European Communities 
ANNEX I 
RESOLUTION 
CONCERNING PRIOR USE OR POSSESSION IP IN I l/EEC/P 12 
Page 59 
THE GOVERNMENTS OF THE MEMBER STATES OF THE EUROPEAN ECONOMIC 
COMMUNITY, 
Upon signature of the Agreement relating to Community Patents, 
Desiring to enable those who have used or possessed an invention the subject-matter of a Community patent before 
the date of filing or, where priority has been claimed, the date of priority of that patent, to avail themselves under 
uniform conditions of a right, based on such use or possession, throughout the territories of the Contracting 
States, 
Recognizing that fulfilment of this aim will require a revision of Article 37 of the Community Patent 
Convention. 
HAVE DECIDED to commence in good time the procedure for revising this Agreement in order to create a right, 
based on prior use or possession of an invention which is the subject-matter of a Community patent, which shall 
have uniform effect throughout the territories of the Contracting States. 
RESOLUTION 
ON COMMON RULES ON THE GRANTING OF COMPULSORY LICENCES IN RESPECT OF 
COMMUNITY PATENTS 
THE GOVERNMENTS OF THE MEtvtBER STATES OF THE EUROPEAN ECONOMIC 
COMMUNITY, 
Upon signature of the Agreement relating to Community Patents, 
Desiring to reinforce the unitary character of Community patents by rules providing that compulsory licences in 
respect of those patents are to be granted by common authorities on the basis of criteria laid down in those 
rules, 
Recognizing nevertheless that it is necessary for the Contracting States to be able to grant compulsory licences in 
respect of Community patents within the meaning of Article 45 (4) of the Community Patent Convention, in the 
public interest, for example in the interest of national defence, 
Whereas, with this proviso, the retention of powers of the national authorities to grant compulsory licences in 
respect of Community patents can only be envisaged for a short transitional period because of fundamental 
legislative differences affecting the free movement of goods protected by patents and the elimination of the 
'distortion of competition, 
HAVE DECIDED to commence the work, as soon as the Agreement enterS into force, to enable the Agreement to 
be supplemented by common rules on the granting of compulsory licences in respect of Community patents. 30. 12. 89 IP IN 11 IEEC/P 12 
Page 60 
30. 12. 89 Official Journal of the European Communities No L 401159 
ANNEX I1 
DECLARATION 
ON THE ADJUSTMENT OF NATIONAL PATENT LAW 
THE GOVERNMENTS OF THE MEMBER STATES OF THE EUROPEAN ECONOMIC 
COMMUNITY, 
Upon signature of the Agreement relating to Community Patents, 
Noting that since the signing of the Community Patent Convention of 15 December 1975 legislative procedures 
have been completed in several Member States with a view to eliminating as far as possible the differences between 
national patent law and the common system of law for patents resulting from the the said Convention, 
TAKE NOTE of the undertaking by the Government of each Member State in which these procedures have not 
been completed or are yet to be begun to endeavour to adjust its law relating to national patents so as to bring it into 
conformity, as far as practicable, with corresponding provisions of the European Patent Convention, the 
Agreement relating to Community Patents and the Patent Cooperation Treaty. 
DECLARATION 
ON THE OPERATION OF THE COMMON APPEAL COURT DURING A TRANSITIONAL PERIOD 
THE GOVERNMENTS OF THE MEMBER STATES OF THE EUROPEAN ECONOMIC 
COMMUNITY, 
Upon signature of the Agreement relating to Community Patents and, in particular, of the Protocol on the 
Settlement of Litigation concerning the Infringement and Validity of Community Patents, 
Considering that, during a period of unforeseeable duration, the revenue derived from renewal fees for the 
Community patent will be less than the cost of the additional tasks entrusted to the European Patent Office and the 
expenditure resulting from the operation of the Common Appeal Court, 
EXPRESS their firm intention to make every effort to ensure that, during this period, the Common Appeal Court is 
set up progressively, with its numbers being paid on the basis of the member of cases brought before it and staff 
being recruited in line with the increase in requirements, 
RECOMMEND the Administrative Committee to take these objectives into account in the decisions it takes, In 
particular pursuant to Article 11 of the Protocol on the Settlement of Litigation concerning the Infringement and 
Validity of Community Patents. No L 401160 Official Journal of the European Communities 
ANNEX III 
DECISION IP IN 11 IEEC/P 12 
Page 61 
ON PREPARATIONS FOR THE COMMENCEMENT OF THE ACTIVITIES OF THE SPECIAL 
DEPARTMENTS OF THE EUROPEAN PATENT OFFICE AND OF THE COMMON APPEAL COURT 
THE GOVERNMENTS OF THE MEMBER STATES OF THE EUROPEAN ECONOMIC 
COMMUNITY, 
Upon signature of the Agreement relating to Community Patents, 
Having regard to the Decision of 15 December 1975 on preparations for the commencement of the activities of the 
special departments of the European Patent Office, 
Having regard to the supplementary Decision to the above Decision, adopted on 18 December 1985, 
HAVE ADOPTED THE FOLLOWING DECISION: 
1. The Community Patent Interim Committee set up by the Decision of 15 December 1975 shall be confirmed. 
It shall comprise Representatives of all the Member States and of the Commission of the European Communities; 
Articles 11,12,14 (2),15,17 and 18 (1) and (3) of the Community Patent Convention shall apply mutatis 
mutandis. The Interim Committee may draw up Rules of Procedure to supplement these provisions, 
2. It shall be the duty of the Interim Committee to take all preparatory measures to enable the special 
departments of the European Patent Office and the Common Appeal Court to begin their activities in due 
time. 
3. The preparations for the commencement of the activities of the special departments of the European Patent 
Office and of the Common Appeal Court may be carried out by working parties. 
4. The Interim Committee may invite intergovernmental and international non-governmental organizations to 
attend its meetings and those of the working parties as observers. 
5. The duty of the Interim Committee to prepare for the commencement of the activities of the special 
departments of the European Patent Office shall cease when the Select Committee of the Administrative Council 
meets pursuant to Article 84 (1) (a) of the Community Patent Convention. The Interim Committee shall be 
disbanded when the Administrative Committee of the Common Appeal Court meets for the first time. 30. 12. 89 IP IN I l/EEC/P 12 
Page 62 
30. 12. 89 Official Journal of the European Communities No L 401161 
ANNEX IV 
DECLARATION 
RELATING TO THE SPECIAL AGREEMENTS REFERRED TO IN ARTICLE 7 (4) AND ARTICLE 8 
OF 
THE AGREEMENT RELATING TO COMMUNITY PATENTS 
THE GOVERNMENTS OF THE MEMBER STATES OF THE EUROPEAN ECONOMIC 
COMMUNITY, 
Upon signature of the Protocol on a possible modification of the conditions of entry into force of the Agreement 
relating to Community Patents, 
Considering that the creation of the Community patent system is inseparable from the attainment of the objectives 
of the Treaty and thus linked with the Community legal order, 
RECOGNIZE that, if a special agreement within the meaning of Article 7 (4) or Article 8 of the Agreement relating 
to Community Patents is to be negotiated before the latter is in force in respect of all the Member States of the 
European Community, any signatory State which is not party to the Agreement relating to Community Patents 
shall participate in the negotiations and the conclusion of such a special agreement. 
RESOLUTION 
ON THE ESTABLISHMENT OF THE SCALE OF RENEWAL FEES FOR COMMUNITY PATENTS 
THE GOVER~MENTS OF THE MEMBER STATES OF THE EUROPEAN ECONOMIC 
COMMUNITY, 
Upon signature of the Agreement relating to Community Patents, 
Recognizing the financial costs of the arrangements for translation of the specifications of Community patents to 
be borne by the proprietors of Community patents, 
INVITE the Select Committee of the Administrative Council of the European Patent Organization to take due 
account of this factor among others when establishing the scale of renewal fees for Community patents. No L 401162 Official Journal of the European Communities 
DECLARATION IP IN/I/EEC/P 12 
Page 63 
ON THE JURISDICTION RULES IN THE PROTOCOL ON LITIGATION 
THE GOVERNMENTS OF THE MEMBER STATES OF THE EUROPEAN COMMUNITIES, 
Upon signature of the Agreement relating to Community Patents, 
Noting the demarche by the Member States of the European Free Trade Association (EFT A) concerning the 
provisions relating to jurisdiction in the Protocol on the Settlement of Litigation concerning the Infringement and 
Validity of Community Patents, 
Desirous of preserving the unity of the legal system established by the Convention on Jurisdiction and the 
Enforcement of Judgments in Civil and Commercial Matters, done at Lugano on 16 September 1988, 
EXPRESS their willingness to enter into negotiations with the Member States of EFT A at the earliest opportunity 
with a view to concluding with those countries, before the entry into force of the Protocol on Litigation, an 
instrument which, in accordance with the approach which emerged on 30 l\:ovember 1989 from a preliminary 
contact between the Member States of the European Communities and the Member States of EFT A, would be' 
designed to: 
consent to the non-application of Article 14 (2) of the Protocol on Litigation to defendants domiciled in a 
Member State of EFT A that is a Contracting State to the Lugano Convention, 
agree upon the exclusive jurisdiction of the Community patent courts established by the Protocol on Litigation 
with regard to such defendants in proceedings concerned with infringement and validity, 
recognize the jurisdiction of the Community patent courts of the Member State of the European Communities 
in which the Common Appeal Court will have its seat, to give judgment on the same defendants for acts 
committed within the territory of any Member State of the European Communities also where the plaintiff is 
domiciled within the territory of one of those States. 
DECLARATION 
ON A POSSIBLE MODIFICATION OF THE CONDITIONS OF ENTRY INTO FORCE OF THE 
AGREEMENT RELATING TO CO!\IMUNITY PATENTS 
Upon signature of the Protocol on a possible modification of the conditions of entry into force of the Agreement 
relating to Community Patents, the Governments of the !>.fember States of the European Economic Community 
agree that if on 31 December 1991 the Protocol has not yet entered into force a Conference of Representatives of 
the Governments of the Member States of the European Economic Community shall be convened by the Presidency 
of the Council of the European Communities in order to find unanimously the means of ensuring chat the 
Community patent system is implemented at the time of the completion of the Internal Market. 30. 12. 89 IP IN/1 IEEC/P 12 
Page 64 
30. 12. 89 Official Journal of the European Communities NoL401/63 
En fe de 10 cual los plenipotenciarios abajo firmantes, debidamente habilitados para este fin, han 
firmado la presente Declaracion comun. 
Til bekra::ftelse heraf har undertegnede befuldma::gtigede, som er behorigt befuldma::gtigede hertil, 
underskrevet denne fa::lIeserkla::ring. 
Zu Urkund dessen haben die hierzu gehorig befugten unterzeichneten Bevollmachtigten diese 
gemeinsame Erklarung unterschrieben. 
LE 1ti01WCHI 1WV UVW1EPW 01 U1tOYEyPUJlJlEVOl 1tl-llPE~OUOlOl, 8E0V1W~ E~OU010801llJltVOl 1tpO~ lOUlO, 
U1tEYPUIjIUV "llV 1tapOUoa KOlvil 8i1I-WOll· 
In witness whereof, the undersigned Plenipotentiaries, being duly authorized thereto, have signed this 
Joint Declaration. 
En foi de quoi, les plenipotentiaires soussignes, dument habilites a cette fin, ont signe la presente 
declaration commune. 
Da fhianu sin, shinigh na U.nchumhachtaigh sea thios, arna n-udaru go cui chuige sin, an Dearbhu 
Comhphairteach seo. 
In fede di che, i plenipotenziari sottoscritti, debitamente abilitati a tale fine, hanno firmato la presente 
dichiarazione comune. 
Ten blijke waarvan de ondergetekende gevolmachtigden, naar behoren daartoe gemachtigd, deze 
Gemeenschappelijke Verklaring hebben ondertekend. 
Em fe do que, os plenipqtenciarios abaixo-assinados, devidamente habilitados para 0 efeito, 
apuseram as suas assinaturas na presente Declara<;:ao Comum. 
Hecho en Luxemburgo, el quince de diciembre de mil novecientos ochenta y nueve. 
Udfa::rdiget i Luxembourg, den femtende december nitten hundrede og niogfirs. 
Geschehen zu Luxemburg am fUnfzehnten Dezember neunzehnhundertneunundachtzig. 
'EytVE 010 i\OU~EJl~OUPYo, 011~ 8tKa 1ttV1E t.EKEJl~piou xiI-la EVVlaKOOla Oy86v1U Evvta. 
Done at Luxembourg on the fifteenth day of December in the year one thousand nine hundred and 
eigh ty-nine. 
Fait a Luxembourg, le quinze decembre mil neuf cent quatre-vingt-neuf. 
Arna dheanamh i Lucsamburg, an cuigiu la deag de mhi na Nollag mile naoi gcead ochto a naoi. 
Fatto a Lussemburgo, addi quindici dicembre millenovecentottantanove. 
Gedaan te Luxemburg, de vijftiende december negentienhonderd negenentachtig. 
Feito no Luxemburgo, em quinze de Dezembro de mil novecentos e oitenta e nove. IP IN 11 IEEC/P 12 
Page 65 
No L 401164 Official Journal of the European Communities 
Pour le gouvernement du royaume de Belgique 
Voor de Regering van het Koninkrijk Belgie 
----
For regeringen for Kongeriget Danmark 
Fur die Regierung der Bundesrepublik Deutschland 
Por el Gobierno del Reino de Espaii.a /' 
/~ 30. 12. 89 IP IN I l/EEC/P 12 
Page 66 
30. 12. 89 Official Journal of the European Communities 
Pour le gouvernement de la RepubJique franpise 
For the Government of Ireland 
Thar ceann Rialtas na hEireann 
Per il governo dell a Repubblica italiana 
Pour le gouvernement du grand-duche de Luxembourg 
Voor de Regering van het Koninkrijk der Nederlanden 
--------------------------------------------- -----NoL401/65 No L 401/66 Official Journal of the European Communities 
Pelo Governo da Republica Portuguesa JP 1Nl l/EEC/P 12 
Page 67 
For the Government of the United Kingdom of Great Britain and Northern Ireland 30. 12. 89 IP IN II/EEC/P 12 
Page 68 
30. 12. 89 Official Journal of the European Communities NoL401/67 
FINAL ACT 
OF THE CONFERENCE ON THE COMMUNITY PATENT 
THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER STATES OF THE EUROPEAN 
ECONOMIC COMMUNITY, 
Assembled at Luxembourg on the fifteenth day of December in the year one thousand nine hundred 
and eighty-nine on the occasion of the Luxembourg Conference on the Community Patent, 
HAVE PLACED on record the fact that they have drawn up the following texts and, by appending their 
initials to them, have adopted them so that they may be open for signing from today until 21 December 
1989 by the Plenipotentiaries of the Member States meeting within the Council of the European 
Communities: 
Agreement relating to Community Patents, 
Protocol on a possible modification of the conditions of entry into force of the Agreement relating 
to Community Patents, 
Joint Declaration by the Governments of the Member States; 
HAVE TAKEN NOTE of the following Declaration made by the Italian delegation: 
The Italian Government reserves the right to submit for ratification by Parliament any decision 
adopted by the Conference as provided for in Article 1 of the Protocol on a possible modification of 
the conditions of entry into force of the Agreement relating to Community Patents. No L 401168 Official Journal of the European Communities IP IN II/EEC/P 12 
Page 69 
En fe de 10 cual los representames abajo firmantes han suscrito la presente Acta final. 
Til bekra::ftelse heraf har undertegnede repra::sentanter underskrevet denne slutakt. 
Zu Urkund dessen haben die umerzeichneten Vertreter ihre Unterschrift unter diese SchlufSakte 
gesetzt. 
LE TCio't'wOT\ 't'wv avw't'Epw Ol uTCOYEYpallllEVOl un:Eypa\jfaV 't'T\v TCapouoa 't'EA.1K~ TCpa!;T\. 
In witness whereof, the undersigned Representatives have affixed their signatures below this Final 
Act. 
En foi de quoi, les repr<!sentants soussignes ont appose leurs signatures au bas du present acte 
final. 
Da fhianu sin, chuir na hIonadaithe thfos-sfnithe a lamh leis an Ionstraim Chriochnaitheach seo. 
In fede di che, i rappresentanti sottoscritti hanno apposto le loro firme in ca Ice al presente _ano 
finale. 
Ten blijke waarvan de ondergetekende vertegenwoordigers hun handtekening onder deze Slotakte 
hebben gesteld. 
Em fe do que, os representantes abaixo-assinados apuseram as suas assinaturas no fim da presente 
Acta Final. 
Hecho en Luxemburgo, el quince de diciembre de mil novecientos ochenta y nueve. 
Udfa::rdiget i Luxembourg, den femtende december nitten hundrede og niogfirs. 
Geschehen zu Luxemburg am fiinfzehnten Dezember neunzehnhundertneunundachtzig. 
Done at Luxembourg on the fifteenth day of December in the year on'e thousand nine hundred and 
eighty-nine~ 
Fait a Luxembourg, le quinze decembre mil neuf cent quatre-vingt-neuf. 
Arna dheanamh i Lucsamburg, an cuigiu la deag de mhi na Nollag mile naoi gcead ochtD a naoi. 
Fatto a Lussemburgo, addi quindici dicembre millenovecentottantanove. 
Gedaan te Luxemburg, de vijftiende december negentienhonderd negenentachtig. 
Feito no Luxemburgo, em quinze de Dezembro de mil novecentos e oitenta e nove. 30. 12. 89 IP IN 11 IEEC/P 12 
Page 70 
30. 12. 89 Official Journal of the European Communities 
Pour le gouvernement du royallme de Belgique 
Voor de Regering van het Koninkrijk Belgie 
For regeringen for Kangeriget Danmark 
Fur die Regierung der Bundesrepublik Delltschland 
~--::s~/=--'-v-.-r-f--: ~ A­
t? 
~--------------~------~--
Par e1 Gabierno del Reino de Espana No L 401169 No L 401170 Official Journal of the European Communities 
Pour le gouvernement de la Republique frans;aise 
For the Government of Ireland 
Thar ceann Rialtas na hEireann 
Per il governo della Repubblica italiana 
Pour le gouvernement du grand-duche de Luxembourg 
Voor de Regering van het Koninkrijk der Nederlanden 
~ . , IP 1Nl l/EEC/P 12 
Page 71 
30. 12. 89 IP IN 11 IEEC/P 12 
Page 72 
30.12.89 Official Journal of the European Communities 
Pelo Governo da Republica Portuguesa 
For the Government of the United Kingdom of Great Britain and Northern Ireland 
J No L 401171 