Law of 27 May 1977, (a) Approving the Convention on the Grant of European Patents Signed at Munich on October 5, 1973; (b) Amending the National Legislation on Patents
Law of May 27, 1977,
(a) Approving the Convention on the Grant of European Patents
Signed at Munich on October 5, 1973,
(b) Amending the National Legislation on Patents*
A published European patent application shall, however, enable its holder to require reasonable compensation, fixed according to the circumstances, from any person having exploited in the Grand Duchy of Luxembourg the invention that is the subject of the European patent application in circumstances which, under Luxembourg law, would involve that person's liability in cases of infringement of a national patent. The compensation shall be due for the prejudice caused by the person exploiting the invention as from the time that person had knowledge of the contents of the patent application and, at the latest, as from the day of publication of the application by the European Patent Office.
The holder of the European patent application shall be authorized to revise the translation. The revised translation shall take effect only when it has been made accessible to the public or handed to the person exploiting the invention.
The requirements for the submission of translations to the Industrial Property Service, the fees to be paid and the method of payment shall be laid down by Grand-Ducal Regulation. The same Regulation shall lay down the arrangements for the method of making available to the public.
Any person who, in the Grand Duchy, has in good faith begun to work the invention or has made effective and serious preparations to that end, without such working constituting an infringement of the application or the patent in the text of the initial translation, may continue such working free of charge within his own undertaking or for the purposes of the latter, once the revised translation has taken effect.
Where an application is filed with the Luxembourg Service, the applicant must not only satisfy the conditions laid down by the European Patent Convention but also pay a national fee, the amount and conditions of which shall be laid down in a Grand-Ducal Regulation.
Applications referred to in the above paragraph shall be subject to the Law of July 8, 1967, on the Disclosure and Putting into Practice of Inventions and Trade Secrets of Interest to Territorial Defense or to State Security.1 Where a Ministerial decision recognizes an application as falling under the aforementioned Law, that decision shall be immediately communicated to the applicant who may, within a period of two months from the date of the Ministerial decision, request conversion of his European patent application to a national patent application. The applicant shall have an additional period of three months to pay the fees due for a national filing and, where appropriate, to submit a translation in German or in French of the description and the claims.
A European patent application that has been converted to a national patent application shall have effect as from the filing date of the European patent application.
Where it is decided that a European patent application does not concern an invention affecting defense, the Industrial Property Service shall forward it without delay to the European Patent Office and shall inform the applicant accordingly.
Where a person is entitled to a part only of the European patent, he may claim transfer of the patent in his capacity as co-proprietor, under the first paragraph.
The rights referred to in the first and second paragraphs may only be exercised in justice within a period of two years from the date on which the note concerning the granting of the European patent has been published in the European Patent Gazette. The preclusion shall not apply if the proprietor of the patent knew at the time the patent was granted or acquired that he was not entitled to the patent.
Such action at law shall be required to be entered in the Luxembourg Patent Register, failing which it shall be inadmissible. Likewise, the decision establishing the relinquishment of the application and, on pain of not being opposable, the final decision given on the application shall also be entered.
The documents accompanying the European patent application presented to the European Patent Office shall be deemed to have been presented at the same date to the Luxembourg Industrial Property Service.
The rights deriving from the European patent application shall remain unaffected.
Any interested person, including the proprietor of the patent, may request the courts to establish that the Luxembourg patent has ceased to produce its effects in full or, where appropriate, in part as from the date referred to in the first paragraph. The procedure for establishing this fact shall be the same as that under the Luxembourg Law on annulment.
Simultaneous protection under a European patent or European patent application and a national patent or national patent application shall be provided up to the date referred to in the first paragraph.
A patent thus terminated shall not be revived should the remaining patent subsequently lapse or be annulled.
The proceedings for establishing these facts shall be the same as in the preceding Section.
The same shall apply to letters rogatory given by Luxembourg courts and addressed to the European Patent Office.
*French title: Loi du 27 mai 1977 portant
a) approbation de la Convention sur la d�livrance de brevets europ�ens, sign�e � Munich, le 5 octobre 1973
b) adaptation de la l�gislation nationale en mati�re de brevets.
Entry into force: June 18, 1977.
Source: M�morial Journal officiel du Grand-Duch� de Luxembourg, Recueil de l�gislation, A-No 32, June 14, 1977.
1See Industrial Property, 1968, p. 105.