World Wide Web
The World Wide Web known as the Web, is an information space where documents and other web resources are identified by Uniform Resource Locators, which may be interlinked by hypertext, are accessible over the Internet. The resources of the WWW may be accessed by users by a software application called a web browser. English scientist Tim Berners-Lee invented the World Wide Web in 1989, he wrote the first web browser in 1990 while employed at CERN near Switzerland. The browser was released outside CERN in 1991, first to other research institutions starting in January 1991 and to the general public in August 1991; the World Wide Web has been central to the development of the Information Age and is the primary tool billions of people use to interact on the Internet. Web resources may be any type of downloaded media, but web pages are hypertext media that have been formatted in Hypertext Markup Language; such formatting allows for embedded hyperlinks that contain URLs and permit users to navigate to other web resources.
In addition to text, web pages may contain images, video and software components that are rendered in the user's web browser as coherent pages of multimedia content. Multiple web resources with a common theme, a common domain name, or both, make up a website. Websites are stored in computers that are running a program called a web server that responds to requests made over the Internet from web browsers running on a user's computer. Website content can be provided by a publisher, or interactively where users contribute content or the content depends upon the users or their actions. Websites may be provided for a myriad of informative, commercial, governmental, or non-governmental reasons. Tim Berners-Lee's vision of a global hyperlinked information system became a possibility by the second half of the 1980s. By 1985, the global Internet began to proliferate in Europe and the Domain Name System came into being. In 1988 the first direct IP connection between Europe and North America was made and Berners-Lee began to discuss the possibility of a web-like system at CERN.
While working at CERN, Berners-Lee became frustrated with the inefficiencies and difficulties posed by finding information stored on different computers. On March 12, 1989, he submitted a memorandum, titled "Information Management: A Proposal", to the management at CERN for a system called "Mesh" that referenced ENQUIRE, a database and software project he had built in 1980, which used the term "web" and described a more elaborate information management system based on links embedded as text: "Imagine the references in this document all being associated with the network address of the thing to which they referred, so that while reading this document, you could skip to them with a click of the mouse." Such a system, he explained, could be referred to using one of the existing meanings of the word hypertext, a term that he says was coined in the 1950s. There is no reason, the proposal continues, why such hypertext links could not encompass multimedia documents including graphics and video, so that Berners-Lee goes on to use the term hypermedia.
With help from his colleague and fellow hypertext enthusiast Robert Cailliau he published a more formal proposal on 12 November 1990 to build a "Hypertext project" called "WorldWideWeb" as a "web" of "hypertext documents" to be viewed by "browsers" using a client–server architecture. At this point HTML and HTTP had been in development for about two months and the first Web server was about a month from completing its first successful test; this proposal estimated that a read-only web would be developed within three months and that it would take six months to achieve "the creation of new links and new material by readers, authorship becomes universal" as well as "the automatic notification of a reader when new material of interest to him/her has become available". While the read-only goal was met, accessible authorship of web content took longer to mature, with the wiki concept, WebDAV, Web 2.0 and RSS/Atom. The proposal was modelled after the SGML reader Dynatext by Electronic Book Technology, a spin-off from the Institute for Research in Information and Scholarship at Brown University.
The Dynatext system, licensed by CERN, was a key player in the extension of SGML ISO 8879:1986 to Hypermedia within HyTime, but it was considered too expensive and had an inappropriate licensing policy for use in the general high energy physics community, namely a fee for each document and each document alteration. A NeXT Computer was used by Berners-Lee as the world's first web server and to write the first web browser, WorldWideWeb, in 1990. By Christmas 1990, Berners-Lee had built all the tools necessary for a working Web: the first web browser and the first web server; the first web site, which described the project itself, was published on 20 December 1990. The first web page may be lost, but Paul Jones of UNC-Chapel Hill in North Carolina announced in May 2013 that Berners-Lee gave him what he says is the oldest known web page during a 1991 visit to UNC. Jones stored it on his NeXT computer. On 6 August 1991, Berners-Lee published a short summary of the World Wide Web project on the newsgroup alt.hypertext.
This date is sometimes confused with the public availability of the first web servers, which had occurred months earlier. As another example of such confusion, several news media reported that the first photo on the Web was published by Berners-Lee in 1992, an image of the CERN house band Les Horribles Cernettes taken by Silvano de Gennaro.
London Agreement (2000)
The London Agreement, formally the Agreement on the application of Article 65 of the Convention on the Grant of European Patents and sometimes referred to as the London Protocol, is a patent law agreement concluded in London on 17 October 2000 and aimed at reducing the translation costs of European patents granted under the European Patent Convention. The London Agreement is an optional agreement between member states of the European Patent Organisation, has not altered other language requirements applying to European patent applications prior to grant; the London Agreement entered into force on 1 May 2008. Before 1 May 2008, once a European patent was granted or more within three months from the date of grant, the patent had to be translated into an official language of each country in which the patentee wanted patent protection. If the translation of the European patent was not provided to the national patent office within the prescribed time limit, the patent was "deemed to be void ab initio in that State."
This situation still applies in the Contracting States wherein the Agreement has not entered into force. This situation led to high translation costs for patent holders, reduced the incentives to apply for a European patent and, many argued, the situation was a burden on the competitiveness of the European economy, compared to the situation in the United States; the agreement provides that Contracting States that have an official language in common with an official language of the European Patent Office, i.e. English, French or German, no longer require translation of European patents into one of their official languages. Other contracting states have to choose one of the official languages of the EPO as a "prescribed language," in which European patents have to be translated in order to enter into force in their country, they however keep the right to require translation of the claims in one of their official languages. In addition, a Contracting State to the Agreement keeps the right to require that, in case of a dispute relating to a European patent, a translation should be provided by the patentee in one of the official languages of the state.
The agreement has not altered other language provisions applying prior to grant of a European patent, such as the requirement that the claims of a European patent application have to be translated "in the two official languages of the European Patent Office other than the language of the proceedings" after receiving the communication under Rule 71 EPC indicating that the EPO intends to grant a European patent. The London Agreement entered into force for 14 countries on 1 May 2008 for Lithuania as 15th contracting state on 1 May 2009, for Hungary as 16th contracting state on 1 January 2011, for Finland as 17th contracting state on 1 November 2011, for Macedonia as 18th contracting state on 1 February 2012, for Albania as 19th contracting state on 1 September 2013. In September 2012, the Irish patent legislation was amended "paving the way for Ireland's accession to the London Agreement." Namely, for European patents granted in French or German on or after 3 September 2012, the filing of a translation into English is no longer required in Ireland.
Formally, Ireland became the 20th contracting state to the London Agreement on 1 March 2014. The London Agreement entered into force for Norway as 21st contracting state on 1 January 2015. On 1 January 2017, Belgian law was amended "paving the way for Belgium's accession to the London Agreement." Namely, for European patents for which the mention of grant was published in the European Patent Bulletin on or after 1 January 2017, the filing of a translation "into a Belgian national language" is no longer required in Belgium no matter the language of the patent. The current implementation of the London Agreement is as follows: Pursuant to article 9 of the Agreement, the regime applies to European patents in respect of which the mention of grant was published on or after 1 May 2008; the new language regime however applied for Switzerland and the United Kingdom to European patents granted on or after 1 February 2008. Germany had some trouble with the implementation of the London Agreement; the original implementation bill was flawed due to miscalculations of the date of entry into force of the new translation requirements for European patents designating Germany.
A new implementation bill was published on 11 July 2008. The old translation requirements are no longer applicable in Germany retroactively as of 1 May 2008. On 14 April 2010, the Court of Appeal of Paris, issued 24 similar court decisions, holding that, since France has ratified the London Agreement, no translation in French needed to be filed at the French Patent Office with respect of European patents maintained as amended after opposition proceedings, that this applied to European patents maintained as amended for which the original mention of grant has been published prior to the entry into force of the London Agreement; the French Court of Cassation upheld these decisions in November 2011. The Agreement resulted from a process started at the Paris Conference on 24–25 June 1999, an intergovernmental conference of the member states of the European Patent Organisation held in Paris at the invitation of the French government; the conference adopted a mandate setting up two working parties with the task of submitting reports to the governments of the contracting states on reducing the cost of European patents and harmonising patent litigation.
The first working party led to the London Agreement while the second led to the proposed European Patent Litigation Agreement. More the first working party was instructed to draft an "optional protocol to the EPC, under which its signat
Croatia the Republic of Croatia, is a country at the crossroads of Central and Southeast Europe, on the Adriatic Sea. It borders Slovenia to the northwest, Hungary to the northeast, Serbia to the east and Herzegovina, Montenegro to the southeast, sharing a maritime border with Italy, its capital, forms one of the country's primary subdivisions, along with twenty counties. Croatia has an area of 56,594 square kilometres and a population of 4.28 million, most of whom are Roman Catholics. Inhabited since the Paleolithic Age, the Croats arrived in the area in the 6th century and organised the territory into two duchies by the 9th century. Croatia was first internationally recognized as an independent state on 7 June 879 during the reign of duke Branimir. Tomislav became the first king by 925, elevating Croatia to the status of a kingdom, which retained its sovereignty for nearly two centuries. During the succession crisis after the Trpimirović dynasty ended, Croatia entered a personal union with Hungary in 1102.
In 1527, faced with Ottoman conquest, the Croatian Parliament elected Ferdinand I of Austria to the Croatian throne. In October 1918, in the final days of World War I, the State of Slovenes and Serbs, independent from Austria-Hungary, was proclaimed in Zagreb, in December 1918 it was merged into the Kingdom of Serbs and Slovenes. Following the Axis invasion of Yugoslavia in April 1941, most of the Croatian territory was incorporated into the Nazi-backed client-state which led to the development of a resistance movement and the creation of the Federal State of Croatia which after the war become a founding member and a federal constituent of the Socialist Federal Republic of Yugoslavia. On 25 June 1991, Croatia declared independence, which came wholly into effect on 8 October of the same year; the Croatian War of Independence was fought for four years following the declaration. The sovereign state of Croatia is a republic governed under a parliamentary system and a developed country with a high standard of living.
It is a member of the European Union, the United Nations, the Council of Europe, NATO, the World Trade Organization, a founding member of the Union for the Mediterranean. As an active participant in the UN peacekeeping forces, Croatia has contributed troops to the NATO-led mission in Afghanistan and took a non-permanent seat on the UN Security Council for the 2008–2009 term. Since 2000, the Croatian government has invested in infrastructure transport routes and facilities along the Pan-European corridors. Croatia's economy is dominated by service and industrial sectors and agriculture. Tourism is a significant source of revenue, with Croatia ranked among the top 20 most popular tourist destinations in the world; the state controls a part of the economy, with substantial government expenditure. The European Union is Croatia's most important trading partner. Croatia provides a social security, universal health care system, a tuition-free primary and secondary education, while supporting culture through numerous public institutions and corporate investments in media and publishing.
The name of Croatia derives from Medieval Latin Croātia. Itself a derivation of North-West Slavic *Xrovat-, by liquid metathesis from Common Slavic period *Xorvat, from proposed Proto-Slavic *Xъrvátъ which comes from Old Persian *xaraxwat-; the word is attested by the Old Iranian toponym Harahvait-, the native name of Arachosia. The origin of the name is uncertain, but is thought to be a Gothic or Indo-Aryan term assigned to a Slavic tribe; the oldest preserved record of the Croatian ethnonym *xъrvatъ is of variable stem, attested in the Baška tablet in style zvъnъmirъ kralъ xrъvatъskъ. The first attestation of the Latin term is attributed to a charter of Duke Trpimir from the year 852; the original is lost, just a 1568 copy is preserved, leading to doubts over the authenticity of the claim. The oldest preserved stone inscription is the 9th-century Branimir Inscription found near Benkovac, where Duke Branimir is styled Dux Cruatorvm; the inscription is not believed to be dated but is to be from during the period of 879–892, during Branimir's rule.
The area known as Croatia today was inhabited throughout the prehistoric period. Fossils of Neanderthals dating to the middle Palaeolithic period have been unearthed in northern Croatia, with the most famous and the best presented site in Krapina. Remnants of several Neolithic and Chalcolithic cultures were found in all regions of the country; the largest proportion of the sites is in the river valleys of northern Croatia, the most significant cultures whose presence was discovered include Baden, Starčevo, Vučedol cultures. The Iron Age left traces of the Celtic La Tène culture. Much the region was settled by Illyrians and Liburnians, while the first Greek colonies were established on the islands of Hvar, Korčula, Vis. In 9 AD the territory of today's Croatia became part of the Roman Empire. Emperor Diocletian had a large palace built in Split to which he retired after his abdication in AD 305. During the 5th century, the last de jure Western emperor last Western Roman Emperor Julius Nepos ruled his small realm from the palace after fleeing Italy to go into exile in 475.
The period ends with Avar and Croat invasions in the first half of the 7th century and destruction of all Roman towns. Roman survivors retreated to more favourable sites on the coast and mountains; the city of Dubrovnik was founded by such survivors from Epidaurum. The ethnogenesis of Croats is uncertain an
Deutsches Patent- und Markenamt
The German Patent and Trade Mark Office is the German national patent office, with headquarters in Munich, offices in Berlin and Jena. In 2006 it employed 2556 people; the DPMA is the central authority in the field of intellectual property protection in Germany. Its responsibilities include the granting of patents for the registration of industrial designs and designs, as well as for informing the public about existing industrial property rights. Recognised partner of the DPMA is the Patentinformationszentrum, united in the Deutscher Patentinformationszentren e. V; the legal basis of the German Patent and Trademark Office is § 26 of the Patentgesetz. The first unified Patentgesetz was adopted on 25 May 1877, which mandated the establishment of an authority tasked with reviewing and awarding patents. On this basis, on 1 July 1877, the Kaiserliche Patentamt was founded in Berlin; the Chairman of the newly established office was Karl Rudolf Jacobi. On 2 July 1877 was the first German patent was granted on 1 July 1877 for a "method for producing a red ultramarine colour", invented by Johannes Zeltner.
The first trademark registration was on 16 October 1894 for a Berlin lamp producer. In 1905, the Patent Office moved into premised designed by the architects Solf and Wichards on the corner of Gitschiner Straße and Lindenstraße in Kreuzberg, with a characteristic 243-metre front on the elevated highway. In 1919, the Patent Office was renamed the Reichspatentamt; the Nazi anti-Semitic and anti-foreigner laws strangled scientific patent applications. As soon as they came into power, the Nazis moved to throw the Jews out of the German Patent Offices, with only a few exceptions for those who had served at the front during World War I or who had lost a parent or son in fighting. “Law Relating to the Admission to the Profession of Patent-agent and Lawyer of 22 April 1933. The Government of the Reich has resolved the following law, promulgated herewith: Section 1. Patent-agents which are of non-Aryan descent pursuant to the law relating to the reestablishment of the Professional Civil Service of 7 April 1933 may be taken off the roster of patent-agents kept by the Reich Patent Office up to 30 September 1933…”In 1938, the “Aryanization” of patents was mandated, in that new patents could only be proposed and submitted if sponsored by an Aryan and German citizens, not by dissidents, foreigners or Jews.
Existing patents held by Jews must be turned over to a German citizen. As one author stated, “Jewish commercial firms and the associated property, as well as wholesale operations and industry that are Jewish because of the degree to which they are under Jewish ownership, can be de-Jewdified. Important patents and commercial secrets must be transferred to non-Jewish control.”The Reich Patent Office came under Nazi political party pressure as well. One of Adolf Hitler’s chauffeurs, Anton Loibl, invented the idea of attaching small pieces of glass to the pedals of bicycles, that would reflect the lights of approaching cars. In 1936, word of this invention came to the SS, they decided to form a partnership with Loibl to market his idea. However, the idea was not all that novel, a similar safety device had been applied for as a patent. “But this competitor lacked something important- the SS as a business partner. His patent application was buried. Loibl’s sailed through, in 1938 Heinrich Himmler used his supreme authority as head of the German police to pass a new traffic law.
This required all German bicycles to be equipped with Loibl’s reflective pedal… in 1938 alone, the SS received a tidy 77,740 reichmarks from the bicycle pedal proceeds.”In the last months of the war, many of the technical records of the German Patent Office were dispersed throughout Germany to preserve them from the Allied firebombing of Berlin. “One set of copies of the pending 180,000 patent applications were taken into eastern Germany where they were lost by fire. The technical library of 300,000 volumes and the records of the secret patents were moved to Heringen, near Kassel, 3,000 valuable reference books were sent through Czechoslovakia to Bavaria. Part of the Trademark records were moved to another building in Berlin where they were lost by fire; some of the technical personnel remained at the Patent Office in Berlin, some went to Heringen and others were scattered throughout Germany. The Patent Office building in Berlin was about one-third destroyed by a heavy bombing attack on February 5, 1945.
US and British representatives reached Heringen in May 1945 and found some 50 former patent employees at work restoring and re-classifying the patent indexes and examination material. The library and the register of secret patents were located in a potash mine in Heringen. However, the files of the secret applications and patents had been burned upon orders of the German government shortly before the arrival of the US troops… The technical library has been moved from the potash mine in Heringen and is again available to the public; the library is equipped with 12 miles of new metal shelves which provide space for about 500,000 volumes.”Other attempts to preserve German patents was the re-registration of the patents in other countries. In 1945, it was noted that: “Patents Transferred; that Germany is preparing in other ways to salve what she can is indicated by reports that the flight of capital on a large scale is taking place from Germany to Sweden through the transfer of German patents. The Swedish Patent Office is said to be inundated with registrations of patents on behalf
Albania the Republic of Albania, is a country in Southeast Europe on the Adriatic and Ionian Sea within the Mediterranean Sea. It shares land borders with Montenegro to the northwest, Kosovo to the northeast, North Macedonia to the east, Greece to the south and a maritime border with Italy to the west. Geographically, the country displays varied climatic, geological and morphological conditions, defined in an area of 28,748 km2, it possesses remarkable diversity with the landscape ranging from the snow-capped mountains in the Albanian Alps as well as the Korab, Skanderbeg and Ceraunian Mountains to the hot and sunny coasts of the Albanian Adriatic and Ionian Sea along the Mediterranean Sea. The area of Albania was populated by various Illyrian and Ancient Greek tribes as well as several Greek colonies established in the Illyrian coast; the area was annexed in the 3rd century by Romans and became an integral part of the Roman provinces of Dalmatia and Illyricum. The autonomous Principality of Arbër emerged in 1190, established by archon Progon in the Krujë, within the Byzantine Empire.
In the late thirteenth century, Charles of Anjou conquered Albanian territories from the Byzantines and established the medieval Kingdom of Albania, which at its maximal extension was extending from Durrës along the coast to Butrint in the south. In the mid-fifteenth century, it was conquered by the Ottomans; the modern nation state of Albania emerged in 1912 following the defeat of the Ottomans in the Balkan Wars. The modern Kingdom of Albania was invaded by Italy in 1939, which formed Greater Albania, before becoming a Nazi German protectorate in 1943. After the defeat of Nazi Germany, a Communist state titled the People's Socialist Republic of Albania was founded under the leadership of Enver Hoxha and the Party of Labour; the country experienced widespread social and political transformations in the communist era, as well as isolation from much of the international community. In the aftermath of the Revolutions of 1991, the Socialist Republic was dissolved and the fourth Republic of Albania was established.
Politically, the country is a unitary parliamentary constitutional republic and developing country with an upper-middle income economy dominated by the tertiary sector followed by the secondary and primary sector. It went through a process of transition, following the end of communism in 1990, from a centralized to a market-based economy, it provides universal health care and free primary and secondary education to its citizens. The country is a member of the United Nations, World Bank, UNESCO, NATO, WTO, COE, OSCE and OIC, it is an official candidate for membership in the European Union. In addition it is one of the founding members of the Energy Community, including the Organization of the Black Sea Economic Cooperation and Union for the Mediterranean; the term Albania is the medieval Latin name of the country. It may be derived from the Illyrian tribe of Albani recorded by Ptolemy, the geographer and astronomer from Alexandria, who drafted a map in 150 AD, which shows the city of Albanopolis located northeast of the city of Durrës.
The term may have a continuation in the name of a medieval settlement called Albanon or Arbanon, although it is not certain that this was the same place. In his history written in the 10th century, the Byzantine historian Michael Attaliates was the first to refer to Albanoi as having taken part in a revolt against Constantinople in 1043 and to the Arbanitai as subjects of the Duke of Dyrrachium. During the Middle Ages, the Albanians called their country Arbëri or Arbëni and referred to themselves as Arbëreshë or Arbëneshë. Nowadays, Albanians call their country Shqipëria; as early as the 17th century the placename Shqipëria and the ethnic demonym Shqiptarë replaced Arbëria and Arbëresh. The two terms are popularly interpreted as "Land of the Eagles" and "Children of the Eagles"; the first traces of human presence in Albania, dating to the Middle Paleolithic and Upper Paleolithic eras, were found in the village of Xarrë close to Sarandë and Dajti near Tiranë. The objects found in a cave near Xarrë include flint and jasper objects and fossilized animal bones, while those found at Mount Dajt comprise bone and stone tools similar to those of the Aurignacian culture.
The Paleolithic finds of Albania show great similarities with objects of the same era found at Crvena Stijena in Montenegro and north-western Greece. Several Bronze Age artefacts from tumulus burials have been unearthed in central and southern Albania that show close connection with sites in south-western Macedonia and Lefkada, Greece. Archaeologists have come to the conclusion that these regions were inhabited from the middle of the third millennium BC by Indo-European people who spoke a Proto-Greek language. A part of this population moved to Mycenae around 1600 BC and founded the Mycenaean civilisation there. In ancient times, the territory of modern Albania was inhabited by a number of Illyrian tribes; the Illyrian tribes never collectively regarded themselves as'Illyrians', it is unlikely that they used any collective nomenclature for themselves. The name Illyrians seems to be the name applied to a specific Illyrian tribe, the first to come in contact with the ancient Greeks during the Bronze Age, causing the name Illyrians to be applied pars pro toto to all people of similar language and customs.
The territory known as Illyria corresponded to the area east of the Adriatic sea, extending in the south to the mouth of the Vjosë river. The first accou
In patent, industrial design rights and trademark laws, a priority right or right of priority is a time-limited right, triggered by the first filing of an application for a patent, an industrial design or a trademark respectively. The priority right allows the claimant to file a subsequent application in another country for the same invention, design, or trademark effective as of the date of filing the first application; when filing the subsequent application, the applicant must claim the priority of the first application in order to make use of the right of priority. The right of priority belongs to his successor in title; the period of priority, i.e. the period during which the priority right exists, is 6 months for industrial designs and trademarks and 12 months for patents and utility models. The period of priority is referred to as the priority year for patents and utility models. In patent law, when a priority is validly claimed, the date of filing of the first application, called the priority date, is considered to be the effective date of filing for the examination of novelty and inventive step or non-obviousness for the subsequent application claiming the priority of the first application.
In other words, the prior art, taken into account for examining the novelty and inventive step or non-obviousness of the invention claimed in the subsequent application would not be everything made available to the public before the filing date but everything made available to the public before the priority date, i.e. the date of filing of the first application. The "basic purpose is to safeguard, for a limited period, the interests of a patent applicant in his endeavour to obtain international protection for his invention, thereby alleviating the negative consequences of the principle of territoriality in patent law." The "Paris Convention priority right" called "Convention priority right" or "Union priority right", is a "priority right" under a multilateral arrangement, defined by Article 4 of the Paris Convention for the Protection of Industrial Property of 1883. The Convention priority right is the most known priority right, it is defined by its Article 4 A.: Article 4 B. of the Paris Convention describes the effects of the priority right: Article 2 paragraph 1 of the WTO Agreement on Trade-Related Aspects of Intellectual Property Rights in conjunction with the Paris Convention provides a "derived" Convention priority right.
That is, while WTO members need not ratify the Paris Convention, they should however comply with Articles 1 through 12, Article 19, of the Paris Convention.. Some priority rights are defined by a multilateral convention such as the European Patent Convention or the Patent Cooperation Treaty; the Paris Convention does not cover priorities claimed in a European patent application or in an international application, as the EPC and the PCT have their own legal provisions regarding priority. Article 87 EPC defines the priority right system under the EPC or more recognise priority rights for first filings in or for States party to the Paris Convention or any Member of the World Trade Organization: Article 89 EPC describes the effect of the priority right: As explained by the Enlarged Board of Appeal of the European Patent Office in its decision G 3/93 of August 16, 1994: Regarding the critical question "What is'the same invention'?" in Article 87 EPC, opinion G 2/98 prescribes a photographic approach to the assessment of priority.
According to Enlarged Board of Appeal opinion G 2/98, the requirement for claiming priority of "the same invention" means that priority of a previous application in respect of a claim in a European patent application is to be acknowledged only if the skilled person can derive the subject-matter of the claim directly and unambiguously, using common general knowledge, from the previous application as a whole. The Patent Cooperation Treaty, in its Article 8, provides the possibility of claiming a right of priority for the filing of an international application: Rule 4.10 PCT goes on to mention that: However, Rule 4.10 as amended with effect from January 1, 2000 does not apply to all designated Offices. For instance, for the European Patent Office as designated Office, the old Rule 4.10 still applied until December 12, 2007, that is, rights of priority of first applications made in a WTO member not party to the Paris Convention were not recognised. Now and more for European patent applications filed on or after December 13, 2007, the rights of priority of first applications made in a WTO member are recognized under the European Patent Convention.
Some priority rights, called "internal priority rights", are defined by some national laws. Such internal priority right allows an applicant who filed a first application in a given country to claim the priority of the first application when filing a subsequent application in the same country; the Paris Convention does not cover internal priority rights. See, e.g. provisional application in the US. Some priority rights exist on the basis of bilateral agreements. A bilateral agreement between a first and a second country may allow an applicant who filed an application in the first country to claim the priority of the first application when filing a second application in the second country; these kinds of bilateral agreements involve at least one country not party to the Paris
Grant procedure before the European Patent Office
The grant procedure before the European Patent Office is an ex parte, administrative procedure, which includes the filing of a European patent application, the examination of formalities, the establishment of a search report, the publication of the application, its substantive examination, the grant of a patent, or the refusal of the application, in accordance with the legal provisions of the European Patent Convention. The grant procedure is carried out by the EPO under the supervision of the Administrative Council of the European Patent Organisation; the patents granted in accordance with the EPC are called European patents. In other words, the grant procedure before the EPO is the procedure leading to the grant of a European patent or to the refusal to grant a European patent; the procedure starts with the filing of an application and ends with the grant of a European patent or the refusal of the patent application by the EPO, or the withdrawal of the application by the applicant, or its deemed withdrawal.
The prosecution of European patent applications until grant takes several years. European patent applications can be filed at the EPO at Munich, Germany, at The Hague, Netherlands, at Berlin, Germany, or "if the law of a Contracting State so permits, at the central industrial property office or other competent authority of that State"; this latter provision is important in some countries. For example, in the United Kingdom, it used to be required to obtain clearance for all inventions but now it is only prohibited for a UK resident to file an overseas patent application for inventions in certain sensitive technical areas without obtaining clearance through the United Kingdom Intellectual Property Office first. European patent applications can not be validly filed at the EPO in Austria. Within one month after the filing of an application, a search fee are due. Additional fees may be due depending on the size of the application and the number of claims. Namely, if the application comprises more than 35 pages, an additional fee is due for the 36th and each subsequent page.
Furthermore, if the application contains more than fifteen claims at the time of filing, claim fees are due. As of February 2014, a claims fee of 225 Euros is due for the 16th and each subsequent claim up to the limit of 50, a claims fee of 555 Euros for the 51st and each subsequent claim. European patent applications may be filed in any language, in accordance with Article 5 of the Patent Law Treaty. However, if an application is filed in a language other than one of the three official languages, namely English and German, a translation must be filed into one of the official languages within two months from the date of filing; the official language of filing becomes the "language of proceedings" and is used by the EPO for communications. The examination of whether the requirements for the accordance of a filing date and other formal requirements are satisfied is carried out by the EPO, in accordance with Article 90 EPC. If a date of filing cannot be accorded, the application is not dealt with as a European patent application.
If the European patent application has been accorded a date of filing, but if there are other formal deficiencies, the applicant is offered an opportunity to correct these deficiencies. If the deficiencies are not corrected, the European patent application is refused, unless a different legal consequence applies. Oral proceedings may exceptionally take place before the Receiving Section, to give an opportunity to the applicant to be heard on an issue involving formality requirements. A European patent application is published as soon as possible "after the expiry of a period of eighteen months from the date of filing or, if priority has been claimed, from the date of priority", or "at the request of the applicant, before the expiry of that period". While early publication of a European patent application can be requested, there are no provisions in the EPC which would permit any delaying of the publication. There is indeed an overriding public interest in the timely publication of the application.
As from its publication, a European patent application may confer to the applicant some provisional rights in the contracting states designated in the application. These rights include at least the right for the applicant to "claim compensation reasonable in the circumstances from any person who has used the invention in that State in circumstances where that person would be liable under national law for infringement of a national patent." In relation to some contracting states however, a translation of the claims is required for the provisional rights to come into effect. The Search Divisions of the EPO establish search reports, named "European search reports", on the basis of the claims, "with due regard to the description and any drawings"; the European search report established for a patent application is transmitted to the applicant together with copies of any cited documents. "The search is an essential element of the grant procedure, being designed to identify prior art relevant to the application.
The intention is to make it possible to determine, on the basis of the documents mentioned in the search report, whether and to what extent the invention is patentable. Knowledge of the prior art forms the basis for examination of the application by the examining divisions, it is important for applicants, giving them a basis for deciding whether to continue prosecuting their applications and have them examined. Lastly, it is important for the public and for competitors, enabling them to gain an idea of the scope of any protection that might be granted."In exceptional cases, a declaration that no search report can be performed is issued, for example