關於歐洲的provisional protection - 專利

Google 很好用的......................

看起來跟台灣的 核准前 "補償"金 的制度很接近

(還是是我們抄人家的?????)

http://www.epo.org/patents/law/legal-texts/html/natlaw/en/iiib/index.htm

B. Translations for obtaining provisional protection pursuant to Article
67(3) EPC III.

Under Article 67(1) EPC, from the date of its publication a European patent
application provisionally confers on the applicant such protection as is
conferred by Article 64 EPC in the contracting states designated in the
application as published, i.e. the same rights as would be conferred by a
national patent granted in those states.

Pursuant to Article 67(2), however, contracting states may confer protection
which is less than that referred to in Article 64 EPC. That protection may
not, though, be less than that which would result from publication of an
unexamined national patent application. The applicant must at least be given
the right to claim compensation reasonable in the circumstances from an
unauthorised user.

A further exception to the basic rule in Article 67(1) is laid down in
Article 67(3) regarding the date from which provisional protection is
effective.

Under that provision any contracting state which does not have as an official
language the language of the proceedings may prescribe that provisional
protection shall not be effective until such time as a translation of the
claims in one of its official languages at the option of the applicant or,
where that state has prescribed the use of one specific official language, in
that language:

(a) has been made available to the public in the manner prescribed by
national law, or

(b) has been communicated to the person using the invention in the said
state.

No time limits are prescribed for filing the above-mentioned translations in
the contracting states: provisional protection in the individual contracting
states becomes effective only when the conditions referred to in Article
67(3) EPC have been fulfilled.





※ 引述《SealOn ()》之銘言：
: 各位前輩好
: 最近接觸到一些歐洲案
: 先前有聽過關於歐洲案的provisional protection
: 但印象有些模糊 所以想po板確認一下
: 所謂provisional protection是不是指歐洲案在公開後直到獲得專利前
: 會有一個預先的保護呢？
: 另外再請教一下 provisional protection具體上會有什麼樣的保護
: 謝謝！

--