BREVETUL ÎN DREPTUL EUROPEAN
THE PATENT IN EUROPEAN LAW

Summary/Abstract: A common law of the Contracting States concerning the preparation of patents for inventions is established by Convention on the Grand of European Patents of 5 October 1973. There are European patents: patents issued under this Convention and as result, in each Contracting State for which it is issued, the European patent shall have the same effect and shall be subject to the same regime as a national patent issued in that State. The Convention establishes the European Patent Organization whose bodies are: the European Patent Office (EPO) and the Management Board, and the task of the organization is to issue, through the European Patent Office under the control of the Management Board, European patents. Council Decision 2011/167/EU of 10 March 2011 authorizing enhanced cooperation in the area of the creation of unitary patent protection is based on several considerations, of which we recall only that in accordance with Article 3 (3) of the Treaty on European Union establishes an internal market, works for sustainable development of Europe, based on balanced economic growth, and promotes scientific and technical progress. Regulation no. 1257/2012 of the European Parliament and of the Council of 17 December 2012 implementing enhanced cooperation in the area of the creation of unitary patent protection implements enhanced cooperation in the area of creation of unitary patent protection authorized by Decision 2011/167/EU.

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