Strasbourg Patent Convention
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{{Use dmy dates, date=April 2022 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 A treaty is a formal, legally binding written agreement between actors in international law. It is usually made by and between sovereign states, but can include international organizations, individuals, business entities, and other legal pe ...
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 A patent is a type of intellectual property that gives its owner the legal right to exclude others from making, using, or selling an invention for a limited period of time in exchange for publishing an enabling disclosure of the invention."A ...
laws across European countries. This Convention establishes patentability criteria, i.e. specifies on which grounds inventions can be rejected as not patentable. Its intent was to harmonize substantive patent law but not
procedural law Procedural law, adjective law, in some jurisdictions referred to as remedial law, or rules of court, comprises the rules by which a court hears and determines what happens in civil, lawsuit, criminal or administrative proceedings. The rules a ...
. This Convention is quite different from the
European Patent Convention The European Patent Convention (EPC), also known as the Convention on the Grant of European Patents of 5 October 1973, is a multilateral treaty instituting the European Patent Organisation and providing an autonomous legal system according to ...
(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 The Patent Cooperation Treaty (PCT) 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. A patent application filed und ...
(PCT), on the
Patent Law Treaty The Patent Law Treaty (PLT) is a patent law multilateral treaty concluded on 1 June 2000 in Geneva, Switzerland, by 53 States and the European Patent Organisation (an intergovernmental organization). It aims at harmonizing formal procedures su ...
(PLT) and on the
WTO The World Trade Organization (WTO) is an intergovernmental organization that regulates and facilitates international trade. With effective cooperation in the United Nations System, governments use the organization to establish, revise, and e ...
's
TRIPS The Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) is an international legal agreement between all the member nations of the World Trade Organization (WTO). It establishes minimum standards for the regulation by nat ...
.


Ratifications and accessions

Thirteen countries
ratified Ratification is a principal's approval of an act of its agent that lacked the authority to bind the principal legally. Ratification defines the international act in which a state indicates its consent to be bound to a treaty if the parties inten ...
the treaty or acceded to it: Belgium, Denmark, France, Germany, Ireland, Italy,
Liechtenstein Liechtenstein (), officially the Principality of Liechtenstein (german: link=no, Fürstentum Liechtenstein), is a German-speaking microstate located in the Alps between Austria and Switzerland. Liechtenstein is a semi-constitutional monarch ...
,
Luxembourg Luxembourg ( ; lb, Lëtzebuerg ; french: link=no, Luxembourg; german: link=no, Luxemburg), officially the Grand Duchy of Luxembourg, ; french: link=no, Grand-Duché de Luxembourg ; german: link=no, Großherzogtum Luxemburg is a small lan ...
, the
Republic of Macedonia North Macedonia, ; sq, Maqedonia e Veriut, (Macedonia before February 2019), officially the Republic of North Macedonia,, is a country in Southeast Europe. It gained independence in 1991 as one of the successor states of Yugoslavia. It ...
, Netherlands, Sweden, Switzerland, and United Kingdom.


Further reading

* Christopher Wadlow, ''Strasbourg, the Forgotten Patent Convention, and the Origins of the European Patents Jurisdiction'', IIC, 2010, Vol. 2, p. 123ff.


See also

* Community patent *
International Patent Institute The International Patent Institute (IIB) (French: ''Institut International des Brevets'') was an intellectual property organisation established on June 6, 1947 in The Hague, Netherlands, by a set of European countries, i.e. France, Belgium, Luxembou ...
(IIB) *
List of Council of Europe treaties This is a list of multilateral treaties administered by the Council of Europe The Council of Europe (CoE; french: Conseil de l'Europe, ) is an international organisation founded in the wake of World War II to uphold human rights, democracy and ...
*
Paris Convention for the Protection of Industrial Property The Paris Convention for the Protection of Industrial Property, signed in Paris, France, on 20 March 1883, was one of the first intellectual property treaties. It established a Union for the protection of industrial property. The convention is c ...
* Substantive Patent Law Treaty (SPLT)


External links


Official text of the ConventionDates of signatures, ratifications, accessions and entry into forceDeclarations and reservations
European patent law Treaties concluded in 1963 Treaties entered into force in 1980 Patent law treaties Council of Europe treaties Treaties of Belgium Treaties of Denmark Treaties of France Treaties of West Germany Treaties of Ireland Treaties of Italy Treaties of Liechtenstein Treaties of Luxembourg Treaties of North Macedonia Treaties of the Netherlands Treaties of Sweden Treaties of Switzerland Treaties of the United Kingdom 1963 in France Treaties extended to the Netherlands Antilles Treaties extended to Aruba Treaties extended to Greenland Treaties extended to the Faroe Islands Treaties extended to Clipperton Island Treaties extended to French Guiana Treaties extended to French Polynesia Treaties extended to the French Southern and Antarctic Lands Treaties extended to Guadeloupe Treaties extended to Martinique Treaties extended to Mayotte Treaties extended to New Caledonia Treaties extended to Réunion Treaties extended to Saint Pierre and Miquelon Treaties extended to Wallis and Futuna