Convention on the Unification of Certain Points of Substantive Law on Patents for Invention
Encyclopedia
The Convention on the Unification of Certain Points of Substantive Law on Patents for Invention, also called Strasbourg Convention or Strasbourg Patent Convention, is a multilateral
treaty
signed by Member States of the Council of Europe
on November 27, 1963 in Strasbourg
, France. It entered into force on August 1, 1980 and led to a significant harmonization of patent
laws across European countries.
This Convention establishes patentability criteria, i.e. specifies on which grounds an invention
s can be rejected as not patentable. It intended to harmonize substantive patent law but not procedural law
. This Convention is quite different from the European Patent Convention
(EPC), which establishes an independent system for granting European Patents.
The Strasbourg Convention has had a significant impact on the EPC, on national patent laws across Europe, on the Patent Cooperation Treaty
(PCT), on the Patent Law Treaty
(PLT) and on the WTO's TRIPS.
the treaty or acceded to it: Belgium, Denmark, France, Germany, Ireland, Italy, Liechtenstein
, Luxembourg
, the Former Yugoslav Republic of Macedonia
, Netherlands, Sweden, Switzerland, and United Kingdom.
Multilateralism
Multilateralism is a term in international relations that refers to multiple countries working in concert on a given issue.International organizations, such as the United Nations and the World Trade Organization are multilateral in nature...
treaty
Treaty
A treaty is an express agreement under international law entered into by actors in international law, namely sovereign states and international organizations. A treaty may also be known as an agreement, protocol, covenant, convention or exchange of letters, among other terms...
signed by Member States of the Council of Europe
Council of Europe
The Council of Europe is an international organisation promoting co-operation between all countries of Europe in the areas of legal standards, human rights, democratic development, the rule of law and cultural co-operation...
on November 27, 1963 in Strasbourg
Strasbourg
Strasbourg is the capital and principal city of the Alsace region in eastern France and is the official seat of the European Parliament. Located close to the border with Germany, it is the capital of the Bas-Rhin département. The city and the region of Alsace are historically German-speaking,...
, France. It entered into force on August 1, 1980 and led to a significant harmonization of patent
Patent
A patent is a form of intellectual property. It consists of a set of exclusive rights granted by a sovereign state to an inventor or their assignee for a limited period of time in exchange for the public disclosure of an invention....
laws across European countries.
This Convention establishes patentability criteria, i.e. specifies on which grounds an invention
Invention
An invention is a novel composition, device, or process. An invention may be derived from a pre-existing model or idea, or it could be independently conceived, in which case it may be a radical breakthrough. In addition, there is cultural invention, which is an innovative set of useful social...
s can be rejected as not patentable. It intended to harmonize substantive patent law but not procedural law
Procedural law
Procedural law or adjective law comprises the rules by which a court hears and determines what happens in civil lawsuit, criminal or administrative proceedings. The rules are designed to ensure a fair and consistent application of due process or fundamental justice to all cases that come before...
. This Convention is quite different from the European Patent Convention
European Patent Convention
The Convention on the Grant of European Patents of 5 October 1973, commonly known as the European Patent Convention , is a multilateral treaty instituting the European Patent Organisation and providing an autonomous legal system according to which European patents are granted...
(EPC), which establishes an independent system for granting European Patents.
The Strasbourg Convention has had a significant impact on the EPC, on national patent laws across Europe, on the Patent Cooperation Treaty
Patent Cooperation Treaty
The Patent Cooperation Treaty is an international patent law treaty, concluded in 1970. It provides a unified procedure for filing patent applications to protect inventions in each of its contracting states...
(PCT), on the Patent Law Treaty
Patent Law Treaty
The Patent Law Treaty is a patent law multilateral treaty concluded on 1 June 2000 in Geneva, Switzerland, by 53 States and the European Patent Organisation...
(PLT) and on the WTO's TRIPS.
Ratifications and accessions
Thirteen countries ratifiedRatification
Ratification is a principal's approval of an act of its agent where the agent lacked authority to legally bind the principal. The term applies to private contract law, international treaties, and constitutionals in federations such as the United States and Canada.- Private law :In contract law, the...
the treaty or acceded to it: Belgium, Denmark, France, Germany, Ireland, Italy, Liechtenstein
Liechtenstein
The Principality of Liechtenstein is a doubly landlocked alpine country in Central Europe, bordered by Switzerland to the west and south and by Austria to the east. Its area is just over , and it has an estimated population of 35,000. Its capital is Vaduz. The biggest town is Schaan...
, Luxembourg
Luxembourg
Luxembourg , officially the Grand Duchy of Luxembourg , is a landlocked country in western Europe, bordered by Belgium, France, and Germany. It has two principal regions: the Oesling in the North as part of the Ardennes massif, and the Gutland in the south...
, the Former Yugoslav Republic of Macedonia
Republic of Macedonia
Macedonia , officially the Republic of Macedonia , is a country located in the central Balkan peninsula in Southeast Europe. It is one of the successor states of the former Yugoslavia, from which it declared independence in 1991...
, Netherlands, Sweden, Switzerland, and United Kingdom.
Further reading
- Christopher Wadlow, Strasbourg, the Forgotten Patent Convention, and the Origins of the European Patents Jurisdiction, IICInternational Review of Intellectual Property and Competition LawThe International Review of Intellectual Property and Competition Law , formerly International Review of Industrial Property and Copyright Law, is a review published by the Max Planck Institute for Intellectual Property, Competition and Tax Law, based in Munich, Germany. There are eight issues per...
, 2010, Vol. 2, p. 123ff.
See also
- Agreement on Trade-Related Aspects of Intellectual Property RightsAgreement on Trade-Related Aspects of Intellectual Property RightsThe Agreement on Trade Related Aspects of Intellectual Property Rights is an international agreement administered by the World Trade Organization that sets down minimum standards for many forms of intellectual property regulation as applied to nationals of other WTO Members...
(TRIPS) - Community patentCommunity PatentThe EU patent or European Union patent, formerly known as the Community patent, European Community Patent, or EC patent and sometimes abbreviated as COMPAT, is a patent law measure being debated within the European Union, which would allow individuals and companies to obtain a unitary patent...
- International Patent InstituteInternational Patent InstituteThe International Patent Institute was an intellectual property organisation established on June 6, 1947 in The Hague, Netherlands, by a set of European countries, France, Belgium, Luxembourg and the Netherlands. It was integrated into the European Patent Organisation on January 1, 1978...
(IIB) - European Patent ConventionEuropean Patent ConventionThe Convention on the Grant of European Patents of 5 October 1973, commonly known as the European Patent Convention , is a multilateral treaty instituting the European Patent Organisation and providing an autonomous legal system according to which European patents are granted...
(EPC) - Paris ConventionParis conventionThe Paris convention might refer to:* The Paris Convention on Third Party Liability in the Field of Nuclear Energy* The Paris Convention for the Protection of Industrial Property...
- Patent Law TreatyPatent Law TreatyThe Patent Law Treaty is a patent law multilateral treaty concluded on 1 June 2000 in Geneva, Switzerland, by 53 States and the European Patent Organisation...
(PLT) - Substantive Patent Law TreatySubstantive Patent Law TreatyThe Substantive Patent Law Treaty is a proposed international patent law treaty aimed at harmonizing substantive points of patent law. In contrast with the Patent Law Treaty , signed in 2000 and now in force, which only relates to formalities, the SPLT aims at going far beyond formalities to...
(SPLT)