European Patent System Act 2011
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EUROPEAN PATENT SYSTEM ACT
Proposed by Pax Aurea :: Passed (8-1) September 21st, 2011 :: Unamended
PREAMBLE
With this document, we, the member nations of the European Union, hereby establish the European Patent System, to be used throughout the Union.
SECTION I. EUROPEAN PATENT
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This document defines 'European Patent' as patent rights granted to a specific patent holder and legally recognized in all EU member nations.
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European Patents may be granted to
a. any one person who holds citizenship in any EU member nation; or
b. any one legal person registered in any EU member nation. -
European Patents may be granted for any new inventions in all fields of technology.
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European Patents may not be granted for
a. scientific discoveries and theories or mathematical methods; or
b. any living organisms or viruses, or the biological processes for their production; or
c. anything previously deemed illegal by the EU; or
d. military technology; or
e. inventions directly associated with national security; or
f. inventions not intended to be used in international commerce. -
European Patents may be granted for
a. twenty years (henceforth known as 'short term'), with a one-time possibility of renewal for ten years; and
b. sixty years (henceforth known as 'long term'), with no possibility of renewal; and
c. after expiring, the European Patent becomes public domain. -
European Patents are granted by the European Patent Office.
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European Patents must be maintained annually for a nominal fee or by a simple (free) filing. Failure to keep a European Patent current and active shall result in automatic expiration, 6 months from the date an annual fee / filing is considered missed. There shall be a grace period of 30 days in which a late fee / filing may be paid / made after its due date before it is considered missed.
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If a European Patent and a national patent conflict, the patent issued earlier shall take effect. If they are issued at the same day, the European Patent shall take effect.
SECTION II. EUROPEAN PATENT OFFICE
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This document establishes the European Patent Office (EPO), for the purposes of
a. examining, processing, and approving or denying European Patent applications; and
b. keeping records of granted European Patents; and
c. investigating formal complaints and disputes regarding European Patent rights. -
The Board of Applications of the EPO shall
a. examine all filed patent applications, their validity and legality; and
b. accept or deny the patent application; and
c. consist of a set number of qualified legal experts nominated by the European Council or its subcommittee. -
The Patent Archives of the EPO shall
a. be freely accessible by the public; and
b. keep records of all legally valid European Patents; and
c. keep records of all European Patents that were formerly approved but are no longer valid. -
The Board of Appeal of the EPO shall
a. consist of a set number of qualified legal experts nominated by the European Council or its subcommittee; and
b. investigate any formal complaints or disputes concerning the legality or validity of a granted European Patent or a decision by the Board of Applications; and
c. has the judical authority to give verdict in such cases; and
d. can have its verdict overruled by the European Court of Justice. -
The European Patent Office shall be governed by a Chairman who
a. is chosen via a direct vote in the European Council; and
b. shall serve a term of one year.
SECTION III. FUNDING
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Any one European Union member nation may willingly agree to pay a yearly membership fee to the European Patent Office. This fee
a. grants any persons and/or legal persons registered or holding citizenship in the said member nation to apply for a European Patent without any additional fees; and
b. is determined yearly by the Department of Finance of the EPO. -
Persons and/or legal persons registered or holding citizenship in EU member nations that have not paid the EPO membership fee
a. can still normally apply for a European Patent; however
b. are obliged to pay a fee, determined by the Department of Finance, to the EPO to cover the expenses of the application process.
SECTION IV. WITHDRAWAL FROM THE EUROPEAN PATENT SYSTEM
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When this document is approved by the European Council, the European Patent System becomes valid in all European Union member nations.
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Any European Union member nation may declare its intention to withdraw from the European Patent System.
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The European Patent Office cannot guarantee that patents approved in nations not part of the European Patent System are recognised in all European Union member nations.
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European Union member nations are encouraged to become part of the European Patent System.
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