MUNICH - The European Patent Organization (EPO) welcomed two new members as Croatia and Norway acceded to the European Patent Convention (EPC) on January 1, 2008, taking the total number of EPO member states to 34.
According to a press release by the European Patent Office, both countries have acceded to the revised version of the EPC, which entered into force on December 13, 2007.
The EPO's members now include all 27 members of the European Union, plus Croatia, Iceland, Liechtenstein, Monaco, Norway, Switzerland and Turkey.
European patent applications filed on or after January 1, 2008, will include the designation of the new contracting states. It will not be possible to designate Croatia or Norway retroactively in applications filed before that date.
To allow the new contracting states to be designated, however, the EPO will accord European patent applications filed in December 2007, the filing date of January 1, 2008, if the applicant expressly requests that filing date when filing the application.
With respect to the Patent Cooperation Treaty (PCT), nationals of Croatia and Norway as well as persons having their principal place of business or residence in Croatia or Norway will also be entitled, as of January 1, 2008, to file international applications with the European Patent Office as receiving office.
Any PCT request (PCT/RO/101) filed on or after January 1, 2008, will automatically designate the new EPC contracting state for the purpose of obtaining a European patent (Rule 4.9(a)(iii) PCT).
No European patents for Croatia or Norway can be granted on the basis of international applications with a filing date prior to January 1, 2008. However, a national patent can be granted, assuming that Croatia or Norway has been designated in the international application. The designation of Croatia or Norway at the time an international application with a filing date prior to January 1, 2008, enters the European phase is legally invalid.
Concerning the extension agreement between Croatia and the EPO, it will be terminated with the entry into force of the EPC in Croatia on January 1, 2008. It will thereafter no longer be possible to extend European patent applications and patents to Croatia. The extension system will, however, continue to apply to all European and international applications filed prior to January 1, 2008, as well as to all European patents granted in respect of such applications.