Transitional Provisions
According to Article 7(1) of the Act revising the European Patent Convention of 29 November 2000,
- "The revised version of the Convention shall apply to all European patent applications filed after its entry into force, as well as to all patents granted in respect of such applications. It shall not apply to European patents already granted at the time of its entry into force, or to European patent applications pending at that time, unless otherwise decided by the Administrative Council of the European Patent Organisation."
Pursuant to Article 7(1) and (2) of the Act revising the EPC of 29 November 2000, the Administrative Council decided on 28 June 2001 to adopt a certain number of exceptions ("unless otherwise decided by the Administrative Council of the European Patent Organisation"). Amongst these exceptions (as laid out in Article 1.1 of the Administrative Council's decision of 28 June 2001), Articles 106 and 108 EPC are said to apply to all European patent applications pending at the time of the entry into force of the EPC 2000. However, the Legal Board of Appeal in case J 10/07 decided, in order to reflect the intention and purpose of those transitional provisions, to apply Articles 106 and 108 as applicable before the entry into force of the EPC 2000 (i.e. Articles 106 and 108 EPC 1973) to a pending European patent application.
Read more about this topic: EPC 2000
Famous quotes containing the words transitional and/or provisions:
“Postmodernism is, almost by definition, a transitional cusp of social, cultural, economic and ideological history when modernism’s high-minded principles and preoccupations have ceased to function, but before they have been replaced with a totally new system of values. It represents a moment of suspension before the batteries are recharged for the new millennium, an acknowledgment that preceding the future is a strange and hybrid interregnum that might be called the last gasp of the past.”
—Gilbert Adair, British author, critic. Sunday Times: Books (London, April 21, 1991)
“Drinking tents were full, glasses began to clink in carriages, hampers to be unpacked, tempting provisions to be set forth, knives and forks to rattle, champagne corks to fly, eyes to brighten that were not dull before, and pickpockets to count their gains during the last heat. The attention so recently strained on one object of interest, was now divided among a hundred; and, look where you would, there was a motley assemblage of feasting, talking, begging, gambling and mummery.”
—Charles Dickens (1812–1870)