European Patent System Act 2011



  • 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

    1. This document defines 'European Patent' as patent rights granted to a specific patent holder and legally recognized in all EU member nations.

    2. 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.

    3. European Patents may be granted for any new inventions in all fields of technology.

    4. 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.

    5. 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.

    6. European Patents are granted by the European Patent Office.

    7. 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.

    8. 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

    1. 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.

    2. 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.

    3. 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.

    4. 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.

    5. 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

    1. 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.

    2. 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

    1. When this document is approved by the European Council, the European Patent System becomes valid in all European Union member nations.

    2. Any European Union member nation may declare its intention to withdraw from the European Patent System.

    3. 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.

    4. European Union member nations are encouraged to become part of the European Patent System.


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