Spanish proposal for a new Article 24c in the proposed Council Regulation on the Community Patent (link)

Brussels, 06 May 2003

Full text of Document 8863/03
Suite of documents 8863/03

No. prev. doc.: 8749/03 PI 38 + ADD 1
No. Cion prop.: 10786/00 PI 49
Subject: Proposal for a new Article 24c in the proposal for a Council Regulation on the Community patent

Article 24c
Authentic text of a Community patent application or Community patent

1. The authentic text of a Community patent application or Community patent shall be the text provided for in Article 70(1) and (2) of the Munich Convention.

2. However, for the purposes of Articles 11, 33 to 36 and 44, the translation of the claims, as provided for in Articles 11 and 24a and Article 14 of the Munich Convention, into an official language of the Member State in which the facts on which the actions for infringement are based occurred shall be regarded as the authentic text of the application or the patent in the event of the translation conferring narrower protection than that conferred by the application or the patent in the language of the proceedings.

3. The applicant for or the proprietor of a patent may, at any time, file a corrected translation of the patent. Such corrected translations shall not have any legal effect until published by the Office.

4. Any person who, in a Member State in which the language of the proceedings whereby the patent is granted is not the official language, in good faith is using or has made effective and serious preparations for using an invention the use of which would not constitute infringement of the patent in the original translation may continue such use in the course of his business or for the needs thereof without payment.

5. Where the proprietor of a patent has filed a translation in accordance with Article 58, paragraphs 2 to 4 of this Article shall apply mutatis mutandis.

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