THE MINISTERS
FOR ECONOMY AND FINANCE - DEVELOPMENT
Having regard to the following:
1. Provisions in Article 20, par. 4 of Law
1733/1987 on “Transfer of technology, inventions, technological innovation and setting up of Greek Atomic Energy Commission” (GG 171, Α).
2. Provisions of Law 1558/1985 on “Government and government bodies” (GG 13, Α).
3. Provisions of PD 27/1996 on “Merg- ing of the ministry for tourism, the minis- try for industry, energy and technology, and the ministry for commerce into the ministry for development” (GG 19, A/1.2.1996);
4. The need to amend the Joint Ministe- rial Decision 12149/EFA/ 2248 (GG Β,
1240) currently in force with regard to the awards and the financial support of inventors aiming to simplify procedures for further promoting the country’s tech- nological and industrial development.
5. The fact that provisions in this deci- sion entail no expenditure under the na- tional budget, we hereby decide:
Inventions Evaluation Committee
1. An Inventions Evaluation Committee shall be set up within the Industrial Property Organisation (OBI) to give its opinion regarding awards and commen-
dations to inventors residing in Greece permanently, under the provisions of the present joint ministerial decision.
2. OBI’s Director General shall make recommendations to the Committee. Under such capacity, OBI’s Director General can request OBI's assistance in the drawing up of such recommenda- tions.
3. Any decisions by the committee en- tailing expenditure for OBI shall solely be enforced if the corresponding credit is provided for in OBI’s budget.
4. The Committee’s proposals shall be submitted for approval to the minister for development and must be justified in line with the criteria set out in this deci- sion.
Composition - Operation of the committee
1. The Inventions Evaluation Committee shall be appointed by decision of the minister for development for a four-year term.
The mandate of all of the Committee’s members may be renewed.
2. The Inventions Evaluation Committee shall consist of seven members, namely:
a. the President of the Committee, who shall be a leading figure in the scientific and/ or business sector(s) of recognised repute in the field of technological de- velopment.
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b. the Vice-President of the Committee, an experienced technology scientist who shall substitute for the President in case the latter is unable to perform his duties. c. five members qualified in innovation, among which a science expert, an attor- ney-at-law and a scientist experienced in innovation funding. An alternate shall be appointed for each member of the Committee.
1. OBI shall provide secretarial services to the Committee.
2. Inventions Evaluation Committee shall be deemed to establish a quorum where the President or the Vice- President and three Committee mem- bers with a voting right are present. The Committee’s decisions shall be taken by majority of the members present. In case of a tie the President or, in case of absence the Vice-President, shall have the casting vote.
3. Alternate members of the Committee shall participate in the Committee’s pro- cedures without a voting right, where the members for which they substitute are present.
4. The President, Vice-President, mem- bers and alternate members of the Committee shall be entitled to a fee for participating in the Committee’s proce- dures, which shall be equivalent to the fee each time applicable to OBI Board Members.
5. The Committee shall convene upon invitation by its President.
6. Natural persons reporting to or partic- ipating in the management or share- holders in legal persons, as referred to in the patent applications or the patents and being part of the evaluation proce- dure.
Publication procedure
1. The Committee shall widely publicise any invitation to inventors residing in Greece to express their interest in par- ticipating in the selection procedure.
2. Publication costs shall be borne by
OBI.
Eligibility
Eligible to participate in the present pro- cedure shall be persons referred to as inventors in the following cases:
a. in a patent application filed with the
OBI;
b. in a European patent application in- corporating Greece in the identified countries;
c. In an international application incorpo- rating Greece in the identified countries;
d. in a patent granted by the OBI;
e. in a European patent entered in the national stage of the procedure in Greece and provided that all of the be- low conditions are fulfilled:
i) at the time of filing an application for a Greek or European patent or at the time of filing an international application ap- plicants were permanently residing in Greece;
ii) a term of five years has not elapsed from the date priority was invoked in the relevant application or from the date such application was filed, if no priority
was invoked therein; and
iii) the relevant application has been published or the patent has been grant- ed.
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Filing the application
1. The application to participate in the inventions evaluation procedure shall be filed with the OBI. The committee’s sec- retary shall give a receipt for the filing of the application to participate in the eval- uation procedure.
2. The Committee shall specify the deadlines, timeframe and the manner in which applications shall be filed as well as the contents of the application, inter alia:
a. inventor’s application to participate in the procedure, in which his full details shall be stated;
b. reference to the elements defining the invention;
The applicant may submit within the deadline, as specified by the Committee any other information which shall also be taken into consideration by the latter during the evaluation procedure.
Evaluation procedure
1. To evaluate the inventions the com- mittee shall examine the inventive step of the specific invention and assess the extent to which it could contribute to the country’s technological and industrial development.
2. To assess the inventive step the Committee shall examine the research reports drawn up either under Article 8 in L. 1733/1987 as part of patent grant- ing procedure by the OBI or under L.
1607/1986 (GG 85, Α) as part of the Eu- ropean patent granting procedure by the European Patent Office (EPO) or under L. 1883/1990 (GG 45, Α) as part of the processing of international application
filed with the World Intellectual Property
Organization (WIPO).
3. Among the inventions referred to in the applications under Article 5, par. 2 of the present Joint Ministerial Decision the Committee shall select those which it shall deem as a) containing a special inventive step, and b) presenting signifi- cant prospects to contribute to the coun- try's technological and industrial devel- opment, and shall subsequently draw up a ranking list.
4. Evaluation of inventions carried out by the Committee shall not be related to the developments of any administrative procedures before national or other In- dustrial Property authorities.
Awards – Commendations
1. Upon recommendation by OBI’s Di- rector General and where funds are provided for in the budget of the Organi- sation’s corresponding financial year, the Committee may suggest awards for the inventions appearing on the short list under Article 6, par. 3 hereof. The num- ber of inventions for which an award is provided cannot be more than eight.
2. The pecuniary amount corresponding to each of the above mentioned awards shall be set to a maximum of €10,000.
3. The Committee may propose com- mendations for inventions appearing on the list under Article 6, par. 3 hereof and which shall not be granted an award.
4. The Committee shall draw up a pro- posal in which it shall state the inven- tions eligible for an award or a com- mendation, the pecuniary amount corre- sponding to such awards and the names of inventors to be granted the above awards and commendations. The pro-
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posal shall be submitted for approval to the minister for development. The minis- ter for development shall accept or re- ject the Committee's proposals as he shall see fit.
5. Where an invention has been imple- mented jointly by more inventors, the award or commendation shall be grant- ed to inventors who have signed the ap- plication to participate in the evaluation procedure under Article 5.
6. In principle, the award procedure shall be held every two years, upon the Committee’s decision and following invi- tation by OBI’s Director General.
7. The minister for development shall present winners with the awards at a ceremony to be prepared by the OBI. The ceremony costs shall be borne by the OBI.
Transitional provisions
Entry into force
1. The Committee’s term, as set out in Decision Ref. No. 11135/EFA/2300 dat- ed July 26 2001 by the minister for de- velopment under Article 3 of the joint ministerial decision 12149/EFA/ 2248 (GG B, 1240), continues to apply.
2. This decision shall replace joint minis- terial decision 12149/EFA/2248 (GG Β,
1240).
3. This decision shall enter into force upon its publication in the Government Gazette.
4. Following publication of this decision presentation of the awards shall take place upon invitation to convene a ses- sion of the Committee by OBI's Director General.
This decision shall be published in the
Government Gazette.
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