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Administrative Council of the European Patent Organisation

March 17, 2024

Chairmen of the Administrative Council of the European Patent Organisation
1. Georges Vianès (19 October 1977 - 18 October 1981), French.[1][2]
2. Ivor J. G. Davis (19 October 1981 - 18 October 1984), British.[2][3]
3. Otto Leberl (19 October 1984 - October 1987), Austrian.[3][4]
4. Albrecht Krieger (October 1987 - 18 October 1990), German.[4][5]
5. Jean-Claude Combaldieu (19 October 1990 - 18 October 1993), French.[5][6]
6. Per Lund Thoft (19 October 1993 - 30 November 1995), Danish.[6][7]
7. Julián Álvarez-Álvarez (1 December 1995 - 4 March 1997), Spanish.[7][8]
8. Sean Fitzpatrick (5 March 1997 - March 4, 2000), Irish.[8][9][10]
9. Roland Grossenbacher (March 5, 2000 - March 4, 2009), Swiss.[9][10] a
10. Benoît Battistelli (March 5, 2009 - June 30, 2009), French.[11]
10a. Alberto Casado Cerviño (July 1, 2009 - June 30, 2010) (Chairman ad interim), Spanish.[12]
11. Jesper Kongstad (July 1, 2010 - September 30, 2017), Danish.[13][14]
12. Christoph Ernst (October 1, 2017 - October 2018), German.[15][16][17]
13. Josef Kratochvíl (January 1, 2019 - ), Czech.[18][19][20]
a After he stepped down, Roland Grossenbacher was made "Honorary Chairman" of the Administrative Council.[21]

The Administrative Council of the European Patent Organisation is one of the two organs of the European Patent Organisation (EPOrg), the other being the European Patent Office (EPO).[22] The Administrative Council acts as the Organisation's supervisory body[23] as well as, to a limited extent, its legislative body.[24][25] The actual legislative power to revise the European Patent Convention (EPC) lies with the Contracting States themselves when meeting at a Conference of the Contracting States.[26] In contrast, the EPO acts as executive body of the Organisation.[23][25]

Composition and competences edit

The Administrative Council is composed of Representatives of the Contracting States[27] and is responsible for overseeing the work of the European Patent Office,[23] ratifying the budget and approving the actions of the President of the Office.[25] The council is also competent for amending the Implementing Regulations of the EPC and some provisions of the Articles of the EPC.[24] Each Contracting State on the Administrative Council has one vote,[28] except under certain circumstances provided for by Article 36 EPC.

The Chairperson of the Administrative Council is responsible for the work of the council and its function.[29] The Chairperson also presides over the meetings of the council.[30]

Under Article 28 EPC, the Administrative Council has set up a Board composed of five of its members,[31][32] including the Chairman, the Deputy Chairman and three other members elected by the Administrative Council,[33] to perform duties assigned by the Administrative Council.[34] The Board is informally called "Board 28", named after Article 28 EPC, and as of 2008 was carrying out a "workload study", i.e., a study on how to manage the workload facing the EPO.[32]

The Administrative Council is in charge of appointing the President of the EPO.[35] A majority of three-quarters of the votes of the Contracting States represented and voting is required for appointing the President of the EPO.[36] Reaching a decision on the appointment of a President was difficult in 2003,[37] leading to a split tenure (as a result of a compromise, Alain Pompidou (France) was elected for three years and Alison Brimelow (United Kingdom) succeeded him for an equal term),[38][39][40][41] and was difficult again in 2009, requiring twenty votes and four meetings.[42][43][44][45][46] When voting, a lot of the members of the Administrative Council are reportedly working under instructions from their respective government, whereas the governments "can have many motivations for supporting one person rather than another."[46]

Criticism edit

The Staff Union of the European Patent Office (SUEPO) has criticized the Administrative Council as being in a conflict of interest situation:

The heads of the national delegations in the Administrative Council are almost without exception heads of their respective national patent offices. For many of the national offices their 50% share of the renewal fees constitutes a very substantial proportion of their annual budget (in several cases well over 50%). In their function as heads of national offices these heads of delegation thus have an interest in having many patents granted, and having them granted quickly.[47]

See also edit

References edit

  1. ^ Official Journal of the European Patent Office (OJ EPO) 1/1978, Report on the inaugural meeting of the Administrative Council of the European Patent Organisation (19-21 October 1977), p. 5.
  2. ^ a b OJ EPO 7/1981, Report on the 11th meeting of the Administrative Council of the European Patent Organisation (2 to 4 June 1981), p. 199.
  3. ^ a b OJ EPO 7/1984, Report on the 18th meeting of the Administrative Council of the European Patent Organisation (5 to 8 June 1984), p. 293.
  4. ^ a b OJ EPO 11/1987, Report on the 27th (extraordinary) meeting of the Administrative Council of the European Patent Organisation (8 October 1987), p. 473.
  5. ^ a b OJ EPO 8/1990, Report on the 37th meeting of the Administrative Council of the European Patent Organisation (26 to 29 June 1990), p. 333.
  6. ^ a b OJ EPO 1-2/1994, Report on the 50th meeting of the Administrative Council of the European Patent Organisation (7 to 10 December 1993), p. 1.
  7. ^ a b OJ EPO 1-2/1996, Report on the 60th meeting of the Administrative Council of the European Patent Organisation (4 to 8 December 1995), p. 3.
  8. ^ a b OJ EPO 4/1997, Report on the 66th meeting of the Administrative Council of the European Patent Organisation (Munich, 5 March 1997) 21 October 2007 at the Wayback Machine, p. 129.
  9. ^ a b OJ EPO 7/2000, Report on the 80th meeting of the Administrative Council of the European Patent Organisation (6 to 8 June 2000) 22 October 2007 at the Wayback Machine, p. 307.
  10. ^ a b Swiss Federal Institute of Intellectual Property web site, EPO: victory for Switzerland February 17, 2007, at the Wayback Machine, Bern, October 15, 1999. Consulted on March 24, 2008.
  11. ^ EPO web site, Benoît Battistelli to head the Administrative Council of the European Patent Organisation 2008-12-17 at the Wayback Machine, News, December 11, 2008. Consulted on December 11, 2008.
  12. ^ EPO web site, European Patent Organisation → Administrative Council → Composition 2008-05-17 at the Wayback Machine. Consulted on November 21, 2009.
  13. ^ European Patent Office website, Jesper Kongstad elected Chairman of Administrative Council of the European Patent Organisation 2010-07-03 at the Wayback Machine, News, June 29, 2010. Consulted on June 30, 2010.
  14. ^ "Re-election of the Chair of the Administrative Council". European Patent Office. 26 March 2013. from the original on 28 March 2013. Retrieved April 6, 2013.
  15. ^ Klos, Mathieu; Schulze, Christina (29 June 2017). "Europäisches Patentamt: Deutscher wird neuer Chef des Verwaltungsrats" [European Patent Office: German becomes new head of the Administrative Council]. JUVE (in German). JUVE Verlag für juristische Information GmbH. from the original on 8 July 2017. Retrieved 9 July 2017.
  16. ^ Krempl, Stefan (30 June 2017). "Europäisches Patentamt: Deutscher löst Dänen an Verwaltungsratsspitze ab" [European Patent Office: German replaces Dane at the head of the Administrative Council]. heise online (in German). Heise Media. from the original on 30 June 2017. Retrieved 9 July 2017.
  17. ^ "157th meeting of the Administrative Council of the European Patent Organisation (Munich, 10 and 11 October 2018)". Munich: Administrative Council of the European Patent Organisation. 12 October 2018. from the original on 18 October 2018. Retrieved 17 October 2018. Finally, the Council took note of Christoph ERNST's resignation, with immediate effect, from his position as Chairman of the Administrative Council.
  18. ^ "Josef Kratochvíl elected Chairman of the Administrative Council of the European Patent Organisation". epo.org. European Patent Office. 12 December 2018. from the original on 1 May 2019. Retrieved 13 December 2018.
  19. ^ Klos, Mathieu (13 December 2018). "Administrative Council announces new chairman". Juve Patent. from the original on 15 December 2018. Retrieved 13 December 2018.
  20. ^ "Report on the 157th and 158th meetings of the Administrative Council of the European Patent Organisation (10 and 11 October 2018 and 12 and 13 December 2018 respectively)". Official Journal of the European Patent Office. European Patent Office (January 2019): A1. 31 January 2019. from the original on 31 July 2020. Retrieved 6 October 2020. ...the Council unanimously elected Josef KRATOCHVÍL (CZ) as its Chairman for a term of 3 years, starting on 1 January 2019.
  21. ^ EPO web site, "A special tribute to a special chairman" 2009-04-10 at the Wayback Machine, News, 1 April 2009. Consulted on April 3, 2009.
  22. ^ Article 4(2) EPC
  23. ^ a b c Article 4(3) EPC
  24. ^ a b Article 33 EPC
  25. ^ a b c Gower's Report on Intellectual Property 2008-03-19 at the Wayback Machine, para 1.34
  26. ^ Article 172 EPC
  27. ^ Article 26(1) EPC
  28. ^ Article 34 EPC
  29. ^ Article 4(1) of the Rules of Procedure of the Administrative Council, as amended by the Decision of the Administrative Council of 7 December 2006 revising the Rules of Procedure of the Administrative Council of the European Patent Organisation 19 September 2017 at the Wayback Machine.
  30. ^ Article 4(2) of the Rules of Procedure of the Administrative Council.
  31. ^ Article 28(1) EPC
  32. ^ a b Managing Intellectual Property, Fees may rise as EPO stresses quality (Interview: Roland Grossenbacher), February 1, 2008
  33. ^ Article 28(2) EPC
  34. ^ Article 28(4) EPC
  35. ^ Article 11(1) EPC
  36. ^ Article 35(2) EPC
  37. ^ EPO web site, , Press releases, June 6, 2003 (archived version on archive.org).
  38. ^ Anjana Ahuja, An obstacle to the patently obvious 2020-10-06 at the Wayback Machine, The Times, October 27, 2003. Consulted on December 13, 2009.
  39. ^ EPO web site, , Press releases, 30 October 2003 (archived version on archive.org).
  40. ^ Chartered Institute of Patent Attorneys (CIPA) web site, EPO deadlock broken at last July 16, 2011, at the Wayback Machine, CIPA News, 30 October 2003. Consulted on December 13, 2009.
  41. ^ Marc Broyde, Paul M. Clarkson, Who Runs the European Patent Office? 2011-07-13 at the Wayback Machine, Intellectual Property Newsletter, December 8, 2003. Consulted on December 13, 2009.
  42. ^ EPO web site, Decision on next EPO President deferred December 27, 2010, at the Wayback Machine, News, 30 October 2009. Consulted on December 12, 2009.
  43. ^ EPO web site, Communiqué from the Administrative Council 2009-12-15 at the Wayback Machine, Updates, December 11, 2009. Consulted on December 12, 2009.
  44. ^ (in German) Stefan Krempl, Führungskrise beim Europäischen Patentamt 2009-12-13 at the Wayback Machine, heise online, 11.12.2009 18:23. Consulted on December 12, 2009.
  45. ^ EPO web site, EPO President - election procedure suspended February 5, 2010, at the Wayback Machine, News, 3 February 2010. Consulted on December 6, 2010.
  46. ^ a b James Nurton, How the EPO race was won 2010-03-08 at the Wayback Machine, Managing Intellectual Property, Weekly News, 1 March 2010. Consulted on March 6, 2010.
  47. ^ SUEPO, Central Executive Committee, Re.: IAM blog - Comments on SUEPO 2011-07-13 at the Wayback Machine, su08163cl - 2.04.6b/6, December 15, 2008, p 4. (on the Intellectual Asset Management website)

External links edit

  • Administrative Council of the European Patent Organisation on the European Patent Office web site
  • Administrative Council documents (search interface)
  • Part I, Chapter IV, of the European Patent Convention: "The Administrative Council"

March 17, 2024
administrative, council, european, patent, organisation, chairmen, georges, vianès, october, 1977, october, 1981, french, ivor, davis, october, 1981, october, 1984, british, otto, leberl, october, 1984, october, 1987, austrian, albrecht, krieger, october, 1987. Chairmen of the Administrative Council of the European Patent Organisation1 Georges Vianes 19 October 1977 18 October 1981 French 1 2 2 Ivor J G Davis 19 October 1981 18 October 1984 British 2 3 3 Otto Leberl 19 October 1984 October 1987 Austrian 3 4 4 Albrecht Krieger October 1987 18 October 1990 German 4 5 5 Jean Claude Combaldieu 19 October 1990 18 October 1993 French 5 6 6 Per Lund Thoft 19 October 1993 30 November 1995 Danish 6 7 7 Julian Alvarez Alvarez 1 December 1995 4 March 1997 Spanish 7 8 8 Sean Fitzpatrick 5 March 1997 March 4 2000 Irish 8 9 10 9 Roland Grossenbacher March 5 2000 March 4 2009 Swiss 9 10 a10 Benoit Battistelli March 5 2009 June 30 2009 French 11 10a Alberto Casado Cervino July 1 2009 June 30 2010 Chairman ad interim Spanish 12 11 Jesper Kongstad July 1 2010 September 30 2017 Danish 13 14 12 Christoph Ernst October 1 2017 October 2018 German 15 16 17 13 Josef Kratochvil January 1 2019 Czech 18 19 20 a After he stepped down Roland Grossenbacher was made Honorary Chairman of the Administrative Council 21 The Administrative Council of the European Patent Organisation is one of the two organs of the European Patent Organisation EPOrg the other being the European Patent Office EPO 22 The Administrative Council acts as the Organisation s supervisory body 23 as well as to a limited extent its legislative body 24 25 The actual legislative power to revise the European Patent Convention EPC lies with the Contracting States themselves when meeting at a Conference of the Contracting States 26 In contrast the EPO acts as executive body of the Organisation 23 25 Contents 1 Composition and competences 2 Criticism 3 See also 4 References 5 External linksComposition and competences editThe Administrative Council is composed of Representatives of the Contracting States 27 and is responsible for overseeing the work of the European Patent Office 23 ratifying the budget and approving the actions of the President of the Office 25 The council is also competent for amending the Implementing Regulations of the EPC and some provisions of the Articles of the EPC 24 Each Contracting State on the Administrative Council has one vote 28 except under certain circumstances provided for by Article 36 EPC The Chairperson of the Administrative Council is responsible for the work of the council and its function 29 The Chairperson also presides over the meetings of the council 30 Under Article 28 EPC the Administrative Council has set up a Board composed of five of its members 31 32 including the Chairman the Deputy Chairman and three other members elected by the Administrative Council 33 to perform duties assigned by the Administrative Council 34 The Board is informally called Board 28 named after Article 28 EPC and as of 2008 was carrying out a workload study i e a study on how to manage the workload facing the EPO 32 The Administrative Council is in charge of appointing the President of the EPO 35 A majority of three quarters of the votes of the Contracting States represented and voting is required for appointing the President of the EPO 36 Reaching a decision on the appointment of a President was difficult in 2003 37 leading to a split tenure as a result of a compromise Alain Pompidou France was elected for three years and Alison Brimelow United Kingdom succeeded him for an equal term 38 39 40 41 and was difficult again in 2009 requiring twenty votes and four meetings 42 43 44 45 46 When voting a lot of the members of the Administrative Council are reportedly working under instructions from their respective government whereas the governments can have many motivations for supporting one person rather than another 46 Criticism editThe Staff Union of the European Patent Office SUEPO has criticized the Administrative Council as being in a conflict of interest situation The heads of the national delegations in the Administrative Council are almost without exception heads of their respective national patent offices For many of the national offices their 50 share of the renewal fees constitutes a very substantial proportion of their annual budget in several cases well over 50 In their function as heads of national offices these heads of delegation thus have an interest in having many patents granted and having them granted quickly 47 See also editArt 23 1 15 Art 23 2 15 and Art 23 1 16 decisions relating to the suspension of a member of the Boards of Appeal of the EPOReferences edit Official Journal of the European Patent Office OJ EPO 1 1978 Report on the inaugural meeting of the Administrative Council of the European Patent Organisation 19 21 October 1977 p 5 a b OJ EPO 7 1981 Report on the 11th meeting of the Administrative Council of the European Patent Organisation 2 to 4 June 1981 p 199 a b OJ EPO 7 1984 Report on the 18th meeting of the Administrative Council of the European Patent Organisation 5 to 8 June 1984 p 293 a b OJ EPO 11 1987 Report on the 27th extraordinary meeting of the Administrative Council of the European Patent Organisation 8 October 1987 p 473 a b OJ EPO 8 1990 Report on the 37th meeting of the Administrative Council of the European Patent Organisation 26 to 29 June 1990 p 333 a b OJ EPO 1 2 1994 Report on the 50th meeting of the Administrative Council of the European Patent Organisation 7 to 10 December 1993 p 1 a b OJ EPO 1 2 1996 Report on the 60th meeting of the Administrative Council of the European Patent Organisation 4 to 8 December 1995 p 3 a b OJ EPO 4 1997 Report on the 66th meeting of the Administrative Council of the European Patent Organisation Munich 5 March 1997 Archived 21 October 2007 at the Wayback Machine p 129 a b OJ EPO 7 2000 Report on the 80th meeting of the Administrative Council of the European Patent Organisation 6 to 8 June 2000 Archived 22 October 2007 at the Wayback Machine p 307 a b Swiss Federal Institute of Intellectual Property web site EPO victory for Switzerland Archived February 17 2007 at the Wayback Machine Bern October 15 1999 Consulted on March 24 2008 EPO web site Benoit Battistelli to head the Administrative Council of the European Patent Organisation Archived 2008 12 17 at the Wayback Machine News December 11 2008 Consulted on December 11 2008 EPO web site European Patent Organisation Administrative Council Composition Archived 2008 05 17 at the Wayback Machine Consulted on November 21 2009 European Patent Office website Jesper Kongstad elected Chairman of Administrative Council of the European Patent Organisation Archived 2010 07 03 at the Wayback Machine News June 29 2010 Consulted on June 30 2010 Re election of the Chair of the Administrative Council European Patent Office 26 March 2013 Archived from the original on 28 March 2013 Retrieved April 6 2013 Klos Mathieu Schulze Christina 29 June 2017 Europaisches Patentamt Deutscher wird neuer Chef des Verwaltungsrats European Patent Office German becomes new head of the Administrative Council JUVE in German JUVE Verlag fur juristische Information GmbH Archived from the original on 8 July 2017 Retrieved 9 July 2017 Krempl Stefan 30 June 2017 Europaisches Patentamt Deutscher lost Danen an Verwaltungsratsspitze ab European Patent Office German replaces Dane at the head of the Administrative Council heise online in German Heise Media Archived from the original on 30 June 2017 Retrieved 9 July 2017 157th meeting of the Administrative Council of the European Patent Organisation Munich 10 and 11 October 2018 Munich Administrative Council of the European Patent Organisation 12 October 2018 Archived from the original on 18 October 2018 Retrieved 17 October 2018 Finally the Council took note of Christoph ERNST s resignation with immediate effect from his position as Chairman of the Administrative Council Josef Kratochvil elected Chairman of the Administrative Council of the European Patent Organisation epo org European Patent Office 12 December 2018 Archived from the original on 1 May 2019 Retrieved 13 December 2018 Klos Mathieu 13 December 2018 Administrative Council announces new chairman Juve Patent Archived from the original on 15 December 2018 Retrieved 13 December 2018 Report on the 157th and 158th meetings of the Administrative Council of the European Patent Organisation 10 and 11 October 2018 and 12 and 13 December 2018 respectively Official Journal of the European Patent Office European Patent Office January 2019 A1 31 January 2019 Archived from the original on 31 July 2020 Retrieved 6 October 2020 the Council unanimously elected Josef KRATOCHVIL CZ as its Chairman for a term of 3 years starting on 1 January 2019 EPO web site A special tribute to a special chairman Archived 2009 04 10 at the Wayback Machine News 1 April 2009 Consulted on April 3 2009 Article 4 2 EPC a b c Article 4 3 EPC a b Article 33 EPC a b c Gower s Report on Intellectual Property Archived 2008 03 19 at the Wayback Machine para 1 34 Article 172 EPC Article 26 1 EPC Article 34 EPC Article 4 1 of the Rules of Procedure of the Administrative Council as amended by the Decision of the Administrative Council of 7 December 2006 revising the Rules of Procedure of the Administrative Council of the European Patent Organisation Archived 19 September 2017 at the Wayback Machine Article 4 2 of the Rules of Procedure of the Administrative Council Article 28 1 EPC a b Managing Intellectual Property Fees may rise as EPO stresses quality Interview Roland Grossenbacher February 1 2008 Article 28 2 EPC Article 28 4 EPC Article 11 1 EPC Article 35 2 EPC EPO web site President Kober s mandate extended at the EPO Press releases June 6 2003 archived version on archive org Anjana Ahuja An obstacle to the patently obvious Archived 2020 10 06 at the Wayback Machine The Times October 27 2003 Consulted on December 13 2009 EPO web site Election of the President of the European Patent Office Press releases 30 October 2003 archived version on archive org Chartered Institute of Patent Attorneys CIPA web site EPO deadlock broken at last Archived July 16 2011 at the Wayback Machine CIPA News 30 October 2003 Consulted on December 13 2009 Marc Broyde Paul M Clarkson Who Runs the European Patent Office Archived 2011 07 13 at the Wayback Machine Intellectual Property Newsletter December 8 2003 Consulted on December 13 2009 EPO web site Decision on next EPO President deferred Archived December 27 2010 at the Wayback Machine News 30 October 2009 Consulted on December 12 2009 EPO web site Communique from the Administrative Council Archived 2009 12 15 at the Wayback Machine Updates December 11 2009 Consulted on December 12 2009 in German Stefan Krempl Fuhrungskrise beim Europaischen Patentamt Archived 2009 12 13 at the Wayback Machine heise online 11 12 2009 18 23 Consulted on December 12 2009 EPO web site EPO President election procedure suspended Archived February 5 2010 at the Wayback Machine News 3 February 2010 Consulted on December 6 2010 a b James Nurton How the EPO race was won Archived 2010 03 08 at the Wayback Machine Managing Intellectual Property Weekly News 1 March 2010 Consulted on March 6 2010 SUEPO Central Executive Committee Re IAM blog Comments on SUEPO Archived 2011 07 13 at the Wayback Machine su08163cl 2 04 6b 6 December 15 2008 p 4 on the Intellectual Asset Management website External links editAdministrative Council of the European Patent Organisation on the European Patent Office web site Administrative Council documents search interface Part I Chapter IV of the European Patent Convention The Administrative Council Retrieved from https en wikipedia org w index php title Administrative Council of the European Patent Organisation amp oldid 1118838593, wikipedia, wiki, book, books, library,

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