On 21 April 2009, the Government of the Republic of San Marino (SM) deposited its instrument of accession to the European Patent Convention (EPC).
The EPC will enter into force for San Marino on 1 July 2009.
The European Patent Organisation will comprise the following 36 member states from 1 July 2009:
Austria, Belgium, Bulgaria, Croatia, Cyprus, the Czech Republic, Denmark, Estonia, the former Yugoslav Republic of Macedonia, Finland, France, Germany, Greece, Hungary, Iceland, Ireland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Monaco, the Netherlands, Norway, Poland, Portugal, Romania, San Marino, Slovakia, Slovenia, Spain, Sweden, Switzerland, Turkey and the United Kingdom.
European patent applications filed on or after July 01, 2009 will include the designation of San Marino automatically.
It will not be possible to designate San Marino retrospectively in European Patent applications filed before July 01, 2009.
To allow the new contracting state to be designated, however, the EPO will accord European patent applications filed in June 2009 the filing date of July 01, 2009 if the applicant expressly requests that filing date when filing the application.
Nationals of San Marino and persons having their principal place of business or residence in San Marino will also be entitled, as from 1 July 2009, to file international applications with the European Patent Office as receiving Office.
Any PCT request (PCT/RO/101) filed on or after 1 July 2009 will automatically designate the new EPC contracting state for the purpose of obtaining a European patent (Rule 4.9(a)(iii) PCT).
No European patents for San Marino can be granted on the basis of international applications with a filing date prior to 1 July 2009. However, a national patent can be granted, assuming that San Marino has been designated in the international application.
Information supplied by the European Patent Office
Article Published May 9th, 2009