Strasbourg Patent Convention

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The Strasbourg Patent Convention (Convention for the standardization of certain terms of the substantive law of invention patents), which the Federal Republic of Germany signed on November 27, 1963 ( Federal Law Gazette 1976 II p. 649, 658 ), is a Council of Europe agreement in the field of patent law.

Emergence

The agreement can largely be traced back to the initiative of the French Senator Longcharbon for the establishment of a European Patent Office . The Consultative Assembly of the Council of Europe took up this initiative with a recommendation of September 8, 1949. The Longcharbon Plan was rejected in 1951, but European agreements on formal requirements for patent applications (1953) and on the international patent classification (1954) were adopted, the latter later being placed within the framework of the World Intellectual Property Organization and a corresponding WIPO- Convention (Strasbourg Agreement on International Patent Classification) of March 24, 1971 was superseded.

After the Committee of Patent Experts of the Council of Europe began work in October 1955, work on the Convention on the Unification of Certain Terms of the Substantive Law of Patents for Invention began in November 1960 and was completed so quickly that the Convention was already on November 27, 1963 from eleven States (Belgium, Denmark, Federal Republic of Germany, France, Ireland, Italy, Luxembourg, Netherlands, Sweden, Switzerland, United Kingdom) could be signed. The approval of the German Bundestag was given in Article I of the Law on International Patent Agreements (IntPatÜbkG) of June 21, 1976 ( Federal Law Gazette II p. 649 ). The Convention entered into force with the deposit of the eighth instrument of ratification on August 1, 1980. The Republic of Austria is not a signatory to the Strasbourg Patent Convention. For Switzerland, which ratified the convention on November 9, 1977, it entered into force on August 1, 1980.

The Convention had a decisive influence on the national patent legislation of most states as well as international regulations such as the Convention on the Grant of European Patents (European Patent Convention, EPC), but as a result of its implementation in the individual legal systems no longer has any significant independent significance.

Member States

Member States of the Convention are (as of April 15, 2015)

literature

  • Kurt Haertel : The harmonization of national patent law through European patent law , GRUR Int. 1983, 200;
  • Klaus Pfanner: Standardization of the substantive patent law within the framework of the Council of Europe , GRUR Int. 1962, 545 and GRUR Int. 1964, 252;
  • Eduard Reimer : Europeanization of Patent Law , 1955;
  • Eugen Ulmer : European patent law in the making , GRUR Int. 1962, 537

Individual evidence

  1. ↑ Memorandum on the Convention, Bundestag printed paper No. 7/3712 of June 2, 1966, 377 ff, also in BlPMZ 1976, 336 ff.
  2. ↑ http://conventions.coe.int/Treaty/Commun/ChercheSig.asp?NT=047&CM=8&DF=7/31/2007&CL=GER

Web links