“Implementing regulations of the Convention on the grant of European patents as ratified by law No. 1607/1986”
THE PRESIDENT OF THE HELLENIC REPUBLIC
PRESIDENTIAL DECREE No 77/1988 (GG 33, A’ of 25.02.1988)
“Implementing regulations of the Convention on the grant of European patents as ratified by Law No 1607/1986”
THE PRESIDENT
OF THE HELLENIC REPUBLIC
Considering:
1. The provisions of article 23, paragraph 10 of Law No. 1733/1987 on “Technology transfer, inventions, technological innovation, and establishment of an Atomic Energy Committee” (GG 171, A’).
2. The provisions of Law No. 1558/1985 “Government and Governing Bodies (GG 13, A’).
3. The opinion No. 771/1987 of the Council of State, issued after a proposal by the Minister of Industry, Energy, and Technology, we decide on the following:[1]
CHAPTER ONE
GENERAL PROVISIONS
Article 1
Application field
The present Presidential Decree shall be applied for applications for the grant of European patents and for European patents causing legal effects within the territory of Greece.
Article 2
Definitions
For the application of the present Presidential Decree, the following terms shall have the meanings provided for hereinbelow:
a. ‘OBI’ means the Industrial Property Organisation, which has its registered offices in Athens (article 1 of Law 1733/1987).
b. ‘Convention’ means the Convention on the Grant of European Patents that was ratified by Greece with Law 1607/1986 (Government Gazette A’ 85).
c. ‘Revision Act’ means the Act revising the Convention on the Grant of European Patents (European Patent Convention of 5 October 1973, which was amended on 17 December 1991) of 29 November 2000 that was ratified by Greece with Law 3396/2005 (Government Gazette A’ 246).
d. ‘EPO’ means the European Patent Organisation as it is defined in the Convention, as said convention was amended with the Revision Act.
e. ‘EPO’ means the European Patent Office as it is defined in the Convention, as said convention was amended with the Revision Act.
f. ‘European application’ means an application for the grant of a European patent.
g. ‘Bulletin’ means the Industrial Property Bulletin that is issued by the OBI (article 4 of Law 1733/1987).
h. ‘Certified translation’ means the translation that was done by a lawyer or authority that has the right to ratify translations.”[2]
CHAPTER TWO
RECEIVING OF A EUROPEAN
APPLICATION BY OBI
Article 3
Filing of the application
1. European patent applications may be filed either with OBI at its seat in Athens or eventually at its branches. Divisional European applications shall exempt as they are to be directly filed with EPO.
2. A European application must be filed with OBI in case the applicant is a Greek citizen and there is not claimed a priority based on an earlier Greek application.
Article 4
Language of the Application
1. The application for the grant of a European patent may be completed in any language. If the application is not completed in one of the official languages of the EPO, in other words German, English or French, it must be translated into one of said official languages, pursuant to the provisions of the Convention, as said convention was amended with the Revision Act.
2. Natural or legal persons who have their place of residence or registered offices in Greece, as well as Greek citizens who reside abroad, and file certain documents with the EPO in Greek are entitled to a refund of the fees that are due pursuant to the provisions of the Convention, as said convention was amended with the Revision Act.”[3]
Article 5
Documents of the Application
The European application must include at least the following documents:
a. A statement with which the grant of a European patent is requested.
b. Particulars that confirm the applicant’s identity or particulars that contain the applicant’s contact information.
c. A description of the invention or reference to a previously submitted application for the grant of a European patent.”[4]
Article 5a
Priority Right
1. Pursuant to article 87 of the Convention, as said article was amended with paragraph 34 of article 1 of the Revision Act, within the framework of the procedure for the grant of a European patent, the priority right that the applicant or his successor in title enjoys concerns all prior regular filings, regardless of whether these were filed in a state party to the Paris Convention for the Protection of Industrial Property of 20 March 1883 (as said convention has been revised) that was ratified with the first article of Law 213/1975 (Government Gazette A’ 258) on the ratification of the Paris Convention of 1883 for the Protection of Industrial Property, as said convention was revised in Stockholm on 14 July 1967, or in a Member of the World Trade Organisation.
2. In application of articles 1 and 3 of the Agreement on Trade-Related Aspects of Intellectual Property Rights that is contained in Law 2290/1995 on the ‘Ratification of the final act concerning the results of the multilateral commercial negotiations carried out in the framework of the Uruguay Round’ (Government Gazette A’ 28), paragraph 1 of the present article, for reasons of reciprocity and equal treatment, also applies in the case the priority right is invoked during the procedure for the filing of applications for the grant of a patent or utility model with the OBI pursuant to Law 1733/1987.[5]
Article 6
Receiving of the application
1. The responsible employee of OBI shall receive the European application, note the date of receiving thereon and on each supporting document as well as, give registration number out of the Register Book for European applications, and immediately issue a receipt.
2. The number and the type of the supporting documents as well as the date of filing must be written on the receipt.
Article 7
Registration of the application
1. The European application shall be registered in the Register Book kept by OBI in accordance with the national legislation currently in force and the rules concerning the secrecy for the national patents.
2. The Book shall be indicated as Register Book, Volume B’, “European application”, part A’ and shall be kept separately from the respective Book for national applications. The numbering of the pages of the Book begins on the first day of each year and the numbering of the applications received by OBI follows the practice of EPO, in accordance with article 6 of the present presidential decree.
Article 8
Forwarding of the European
applications to the EPO
Following the deadlines of articles 3 and 4 of Law No. 4325/1963 “Regarding inventions concerning the national defence of the country”, OBI forwards without delay the European patents to the EPO.
CHAPTER THREE
TRANSLATIONS
Article 9
Filing of Translations
1. The translation of the claims of the European application must be filed in duplicate with OBI and be accompanied by the receipt of payment of the respective application fee. In case of non-payment of the fee, OBI reserves the right of not publishing in the Bulletin the notification mention for the filing of the translation of the claims.
2. The European application number, the name and the address of the applicant, the number of the publication of the European application by the EPO and the Greek translation of the title of the Invention must accompany the translation of the European application claims and must be filed in duplicate along with the application with OBI. In case of priority claim the respective information must be also stated.
3. The translation and the documents that are attached thereto shall be accepted by the OBI provided they meet the typical conditions of presentation of designs and documents of articles 8 and 9 of decision No. 15928/ΕFΑ/ 1253/ 24.12.1987 of the Minister of Industry, Energy and Technology on the ‘Filing of applications for the grant of a patent or utility model certificates with the OBI and keeping of record books’ (GG A’ 778).[6]
4. The translation of the European application claims is recorded in the Register Book indicated Volume B’, Part B’ “European Application Translations”. The numbering of the pages starts on the first day of each year.
5. After the publication date, information or copies of the translation and the accompanying documents are available for consultation.
Article 10
Translation of European patents where Greece is designated
The applicant of the European application is beneficiary of the provisional protection in accordance with article 23 (2), Law No. 1733/1987 from the date the certified translation of the claims was field with OBI As filing date is meant the date of publication of the relevant mention in the Bulletin.
Article 10a
Limitation or revocation of the
provisional protection
The provisional protection that is provided for under article 10 of the present Presidential Decree does not produce results if the European patent has been revoked or limited in accordance with opposition, limitation or revocation proceedings before the EPO.[7]
Article 11
Translation of the European patent
1. Within three months from the publication in the European Patent Bulletin of the mention of the grant of the European patent or of the decision for its maintenance in force under modified form after examination of the relevant opposition, the patentee must file with OBI the certified translation of the text that the EPO has been based on, in order to grant the European patent or to maintain it under its modified form.
2. The European patent shall be deemed automatically invalid in Greece, if the term set in paragraph 1 expires.
Article 12
Filing of the translation of the
European patent
1. The translation of a European patent must be filed with OBI in duplicate and be accompanied by the fee payment receipt. In case of failure to pay the fee, OBI does not publish the mention of filing the translation of the European patent.
2. The translation and the documents that are attached thereto shall be accepted by the O.B.I provided they meet the typical conditions of presentation of designs and documents of articles 8 and 9 of decision No. 15928/ΕFΑ/1253/ 24.12.1987 of the Minister of Industry, Energy and Technology.”[8]
3. The translation must be accompanied by the European application number, the name, and the address of the applicant and the number of the publication of the mention of grant of the European patent. In case that the EPO maintains the European patent as modified after the examination of the respective opposition, the modified translated text is attached to the initial translation.
4. Two copies of the drawings in the European patent specification must be supplied with the translation, even if these contain no textual matter requiring translation. Moreover, two copies of the patent abstract translated into Greek must be also supplied.
Article 12a
Filing of a translation of a text for
limitation or revocation of a
European patent
1. Within three (3) months of the date of publication of the announcement of the decision on the limitation or revocation of a European patent in the European Patent Bulletin, the proprietor of the European patent is required to file the certified translation of the text on the basis of which the EPO limited or revoked the European patent designating Greece with the OBI
2. If the deadline set out in paragraph 1 of the present article lapses without effect, the European patent is deemed to be void ab initio within the territory of Greece.
3. The translation provided for under paragraph 1 of the present article is filed with the OBI only if the European patent has effect in Greece, in application of paragraph 4 of article 23 of Law 1733/1987 and article 11 of the present Presidential Decree, and an act for forfeiture has not been published, pursuant to article 16 of Law 1733/1987.
4. For the filing of the translation provided for under paragraph 1 of the present article with the OBI, as well as for the publication of said translation in the Bulletin, the provisions of articles 12 and 13 of the present Presidential Decree, respectively, shall apply.
5. For the authenticity of the text provided for under paragraph 1 of the present article, articles 14 and 15 of the present Presidential Decree shall apply.
6. If an act for forfeiture is published, pursuant to article 16 of Law 1733/1987, prior to the date of publication of the announcement of the decision on the limitation or revocation of a European patent in the European Patent Bulletin, the OBI shall record ex officio the announcement of the decision of the EPO on the limitation or revocation of the European patent in the Register of Patents, Volume B’, with the indication ‘European’. Particulars of this announcement are published in the Bulletin.
7. The decision on the limitation or revocation of a European patent enters into effect from the date of publication of the announcement of the decision in the European Patent Bulletin.
8. The European patent is deemed as not having ab initio the rights, in part or in whole, provided for under article 64 of the Convention, as said convention was amended with the Revision Act, if for said patent a decision for limitation or revocation has been published pursuant to paragraph 7 of the present article.
9. In all other cases, the provisions provided for hereunder shall apply.[9]
Article 13
Publication of the translation of the
European patent
1. OBI publishes in the Bulletin the mention of the filing of the translation of the European patent.
2. After the publication date, third parties can be supplied with information or copies of the translation and the accompanying documents upon request.
3. OBI may proceed to publishing a periodical or special issue containing the translations of the European patents and/or the European applications.
4. Spelling or syntax mistakes in the text of the translations may be corrected at any time by the applicant. For the correction the applicant must designate the issue number and the date of publication of the mention in the Bulletin, if the incorrect translation has already been published.
CHAPTER FOUR
AUTHENTIC TEXTS - RIGHTS OF THIRD PARTIES
Article 14
Authentic text of a European patent application or European patent
1. Authentic text for any proceedings before the Greek authorities is considered the text of the European application or European patent as compiled in the language of the proceedings of the EPO.
2. With the exception of paragraph 1, if the text translated in Greek in accordance with articles 9 and 11 of the present decree provides for a narrower protection than in the text according to the language of the procedure before the EPO, as authentic is considered the text in Greek for any procedure before the Hellenic authorities. Actions of nullification are exempt therefrom.
Article 15
Reviewing of translation
In the case of paragraph 2 of article 14, the beneficiary of the European application or European patent may file with OBI, whenever desirable a reviewed translation of the European application or European patent. The reviewed translation shall be in force from the date that the prerequisites of articles 9, 10, 11 and 12 of this decree are met.
Article 16
Rights emanating from a previous
exploitation
A person using an invention in good faith or who has proceeded to all necessary action for the exploitation thereof, without infringing any right emanating from the European application or European patent based on the text of the initial translation, may continue such use without payment in the course of his business or for the needs thereof, even after the entry into force of the reviewed translation.
CHAPTER FIVE
FEES - REPRESENTATION
Article 17
Payment of fees - Consequences
1. For the maintenance of a European patent in force in Greece annual fees must be paid to OBI in advance. The article 24 of Law No. 1733/1987 concerning annual protection fees for national patents is respectively applied thereto.
2. The first instalment of annual protection fees for a European patent with force in Greece is due to OBI for the year following the publication in the European Patent Bulletin of the mention of the grant of the European patent. The calculation of the years starts from the date of filing of the European application.
3. In case that article 16 of Law No. 1733/1987 is applied, the loss of rights is published in the Bulletin and registered in the common Patent Register, Volume B’, “European Patents”.
Article 18
Fees
The amount of fees payable to OBI for the translation of the European application or the European patent is determined by decision of the Administrative Council of OBI in accordance with article 24 (6) of Law No. 1733/1987.
Article 18a
Retroactive payment of annual fees
1. In the case of acceptance by the Enlarged Board of Appeal of the European Patent Office of a petition for review of a prior decision of the Board of Appeal of the party adversely affected pursuant to article 112a of the Convention, as said article was completed with paragraph 55 of article 1 of the Revision Act, and reinstatement of a revoked European patent with a subsequent decision of the Board of Appeal of the EPO, the annual fees of the previous years of protection that are due, together with the surcharges provided for under the law, shall be paid to the OBI
2. The above fees shall be paid in accordance with the terms and procedure provided for under sub-paragraph (g) of paragraph 10 of article 2 and article 24 of Law 1733/1987 and the amounts that correspond to those amounts that are paid in the case of late payment are paid in accordance with the last clause of paragraph 2 of article 24 of Law 1733/1987.
3. The OBI shall record in the Register of Patents, Volume B’, with the indication ‘European’, the announcement of the decision of the EPO on the reinstatement of the European patent. Particulars of this announcement are published in the Bulletin.[10]
Article 19
Representation
1. For the application of this presidential decree, the right of appearing in person of filing documents with OBI is given solely to the beneficiary of a European application or European patent or a representative lawyer.
2. The right of filing of an application for the grant of European patents with OBI is also acknowledged to the professional representatives in accordance with articles 133 and 134 of the Convention.
3. Any beneficiary with neither residence nor seat in Greece must nominate a domestic representative.
CHAPTER SIX
CONVERSION -
CUMULATIVE PROTECTION
Article 20
Circumstances for conversion
The beneficiary of a European application may request in writing the conversion of the European application into a national patent application. This conversion is allowed when the European application is deemed withdrawn for one of the following reasons:
a. The application has not been sent to the EPO within 14 months following the filing or the priority date, if priority is claimed;
b. The European application was filed in Greek and its translation, pursuant to paragraph 2 of article 14 of the Convention, as it was amended with paragraph 3 of article 1 of the Revision Act, was not filed with the EPO within a deadline of two (2) months of the date of filing of the application for the grant of a European patent.[11]
Article 21
Procedure for the Conversion
1. The request for the conversion in accordance with article 20 of this presidential decree must be filed with OBI in duplicate within an exclusive deadline of three months from the date that the EPO notified the applicant that the application has been deemed withdrawn. Articles 135 and 137 of the Convention, as said articles were amended with paragraphs 72 and 74, respectively, of article 1 of the Revision Act, apply accordingly.[12]
2. Within four months of the filing of the application for conversion, the applicant must file in duplicate a Greek translation of the European application. Otherwise the application shall be deemed withdrawn.
3. Requests for conversion are entered in the Records Book, Volume A’, “National application”.
Article 22
Cases of cumulative protection
1. If a national and a European patent with force in Greece have been granted for the same invention to the same inventor or patentee under the same filing or priority date, the Greek patent shall cease being in force as from the date on which:
a. The term for filing an opposition with EPO has expired or,
b. The examination procedure of the opposition has come to an end and the European patent remains in force.
2. Later nullification or cease of force of the European patent does not affect the application of paragraph 1.
3. The Greek Courts are competent to ascertain the cease of force of the Greek patent.
CHAPTER SEVEN
REGISTER - FINAL REGULATIONS
Article 23
Registering
1. The OBI shall record in the Register of Patents, Volume B’, with the indication ‘European’, the particulars that concern European patents and that are recorded in the Register of European Patents, pursuant to article 127 of the Convention, as said article was amended with paragraph 65 of article 1 of the Revision Act.[13]
2. The Register shall include only those European patents which have been published in the European Patent Bulletin, are in-force in Greece and for which the procedure of articles 11 and 12 of the present decree has been respected.
3. European patents recorded in the Patent Register shall be published in the Industrial Property Bulletin.
Article 23a
Confirmation of registration in
the Register
1. The OBI shall grant the proprietor of the certificate of filing of a translation of a European patent a ratified copy of the filing and of all possible changes in the ownership status of the certificate from the Register of Patents, Volume B’, with the indication ‘European’, that the Organisation keeps. The ratified copy shall be accompanied by the corresponding publications in the Bulletin.
2. The ratified copy provided for under paragraph 1 of the present article, which bears the title ‘Confirmation of registration in the Registers of the OBI’, is provided on the same day for use before the EPO within the framework of the proceedings for the limitation or revocation of a European patent.
3. The ratified copy provided for under paragraph 1 of the present article is accompanied by its translation into English by the Services of the OBI.[14]
Article 24
Entry into Force
The presidential decree shall enter into force on the date of its publication in the Official Journal of the Government.
The publication and execution of this decree shall be accomplished by the Minister of Industry, Energy and Technology.[15]
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[1] The following has been inserted as of the PD/46/23.04.2012 (GG A’ 95):
“2.The provisions of paragraph 1 of article 8 of Presidential Decree 189/2009 on the ‘Definition and re-distribution of the competencies of Ministers’ (GG A’ 221), as it was replaced with article 4 of Presidential Decree 24/2010 on the ‘Re-definition of the competencies of Ministers and amendments of Presidential Decree 189/2009' (GG A’ 56),
3.The provisions of article 90 of the Code on Government and Government Bodies that was ratified with the first article of Presidential Decree 63/2005 (GG A’ 98),
4.Presidential Decree 22/2012 on the ‘Appointment of Ministers and Deputy Ministers’ (GG A’ 47),
5.The fact that the provisions of the present Presidential Decree do not burden the federal budget,
6.Opinion Nos 236/2009 and 261/2011 of the Council of State with a proposal of the Minister of Education, Lifelong Learning and Religious Affairs.
[2] Article 2 of the PD/77/1988 is replaced by article 1 of the PD/46/23.04.2012 (GG A’ 95).
[3] Article 4 of the PD/77/1988 is replaced by article 2 of the PD/46/23.04.2012 (GG A’ 95).
[4] Article 5 of the PD/77/1988 is replaced by article 3 of the PD/46/23.04.2012 (GG A’ 95).
[5] Article 5a is inserted by article 4 of the PD/46/23.04.2012 (GG A’ 95).
[6] Paragraph 3 of article 9 of the PD/77/1988 is replaced by article 5 of the PD/46/23.04.2012 (GG A’ 95).
[7] Article 10a is inserted by article 6 of the PD/46/23.04.2012 (GG A’ 95).
[8] Par. 2 of article 12 of the PD/77/1988 is replaced by article 7 of the PD/46/23.04.2012 (GG A’ 95).
[9] Article 12a is inserted by article 8 of the PD/46/23.04.2012 (GG A’ 95).
[10] Article 18a is inserted by article 9 of the PD/46/23.04.2012 (GG A’ 95).
[11] Sub-paragraph (b) of article 20 of PD 77/1988 is replaced by article10 of PD/46/23.04.2012 (GG A’ 95).
[12] The second clause of the first paragraph of article 21 of Presidential Decree 77/1988 is replaced by article 11 of PD/46/23.04.2012 (GG A’ 95).
[13] Par. 1 of article 23 of the PD/77/1988 is replaced by article 12 of the PD/46/23.04.2012 (GG A’ 95).
[14] Article 23a is inserted by article 13 of the PD/46/23.04.2012 (GG A’ 95).
[15] In article 24 of PD/77/1988 is inserted article 14 of PD/46/23.04.2012 (GG A’ 95) as follows: “Without prejudice to the transitional provisions of article 7 of the Revision Act, the present Presidential Decree is valid from the date the Revision Act enters into force, in other words from 13 December 2007.