Does the EPC 2000 apply only to European patent applications, and the resulting European patents, filed after its entry into force?
The new law applies to all European patent applications, and to European patents granted on the basis of those applications, which are filed after the EPC 2000 enters into force. It applies to applications already pending at this point and to granted patents only in so far as this is laid down in the transitional provisions adopted by the Administrative Council. Under the latter arrangements, most of the provisions of the EPC 2000 will apply to European patent applications pending at the time of entry into force and to patents already granted. Details can be found in the decision of the Administrative Council dated 28 June 2001, published with a table of the transitional provisions, in OJ EPO 2007, Special edition No. 1, 197 et seq. and 221-224. Explanatory notes on the Council’s decision were published in OJ EPO 2003, Special edition No. 1, 204-208.
