Law on International Patent Conventions

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Basic data
Title: Law on the Convention of November 27, 1963 on the Unification of Certain Terms of the Substantive Law of Patents for Invention, the Treaty of June 19, 1970 on International Cooperation in the Field of Patents and the Convention of October 5, 1973 on the Grant of European Patents
Short title: Law on International Patent Conventions
Abbreviation: IntPatÜbkG (not official)
Type: Federal law
Scope: Federal Republic of Germany
Legal matter: Patent law
References : 188-17
Issued on: June 21, 1976
( Federal Law Gazette II p. 649 )
Entry into force on: 4th August 1976
Last change by: Art. 3 G of July 17, 2017
( Federal Law Gazette I p. 2541, 2542 )
Effective date of the
last change: 		May 25, 2018
(Art. 31 G of July 17, 2017)
GESTA : G042
Please note the note on the applicable legal version.

The law on international patent agreements of June 21, 1976 ( Federal Law Gazette II p. 649) contains in its article I the approval of three important international agreements in the field of patent law , namely the Strasbourg patent agreement , the patent cooperation agreement (PCT) and the agreement on the grant of European patents (EPC). Article II of the Act contains the necessary domestic regulations resulting from the ratification of the EPC, in particular the regulation of a claim for compensation from European patent applications (Section 1), provisions on the translation requirement for claims of European patent applications (Section 2), provisions on the filing of European patent applications in German Patent and Trademark Office (mandatory if the application may contain a state secret , Section 4), the regulation of the assignment and transfer claim against the unauthorized patent applicant (Section 5), the annulment of the European patent (Section 6), additional protection certificates for European patents (Section 6a), the annual fees (Section 7), a prohibition of double protection in relation to German patents (Section 8), the conversion of the European patent application into a German one (Section 9), various jurisdiction regulations (Sections 10 to 13) and finally a criminal provision for inadmissible direct registration b at the EPO (if the application contains a state secret, § 14). Article III contains the follow-up regulations that resulted from the ratification of the PCT (regulations on the German Patent and Trademark Office as filing office (Section 1), international applications requiring confidentiality (Section 2), the international search authority (Section 3), the German patent - and trademark office as designated office (Section 4) and as a selected office (for the international preliminary examination, Section 6), further processing as a national application (Section 5), the international search report (Section 7) and the publication of the international application (Section 8 In Article IV, German national patent law has been largely (but not completely) adapted to the EPC, Article V contains further amendments to the German Patent Act that are not directly related to the Europeanization of German patent law. The following Articles VI, VII, and VIII contain changes to the exhibition law and the lawyer's law, while Art. IX changes to the law on fees b applies. Art. X concerns the announcements of amendments to the PCT and EPC, while Art. XI essentially contains transitional provisions that are no longer relevant today.

The IntPatÜbkG has been amended twelve times since then, most recently by the law on the amendment of patent law regulations and other laws of commercial legal protection of October 19, 2013 ( Federal Law Gazette I p. 3830) and the 10th Regulation of Responsibility Adjustment of August 31, 2015 ( Federal Law Gazette I p . 1474).

Another amendment by the law to adapt patent law regulations due to the European patent reform (Bundestag printed paper 18/8827), with which the new paragraphs 15 to 20 in Article II, among other things, is to be set, is in the parliamentary process. The translation requirement for European patent specifications (Art. II § 3 - old - ) was dropped in 2008 in the implementation of the London Agreement on the application of Art. 65 EPC (Federal Law Gazette 2003 II p. 1667).

In Austria , the Patent Contracts Introductory Act ( Federal Law Gazette No. 52/1979 ) fulfills a similar function to the German law on international patent agreements.

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