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| 等 级：资深长老 |
| 经 验 值：5736 |
| 魅 力 值：2449 |
| 龙 币：10120 |
| 积 分：6554.9 |
| 注册日期：2005-03-10 |
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你们说是英译汉难还是汉译英难呢
Legal Effects of the Publication of a European Patent Application
A European patent application confers upon the applicant provisional protection(Art 67(1) EPC) in the designated Contracting States within the time period from the date of the first publication(Art93EPC) until publication of the grant of a patent(Art98EPC).
The scope of the provisional protection and the prerequisites may differ from one Contracting State to another. However, each contracting State must confer provisional protection which may not be less than that which it guarantees to an unexamined published national patent application(Art67(2)EPC).This usually ranges between compensation deemed reasonable under the circumstances and full damages.
If the publication of the European patent application is not made in one of the official languages of the designated Contracting State, provisional protection in this Contracting State only becomes effective if a translation of the claims of the patent application has been made in one of the official languages of the designated Contracting State of where that State has prescribed the use of one specific official language in that language ,and the translation has been made available to the public in a manner prescribed by national law of the State, or has been communicated to a party using the invention in that state(Art67(3)EPC and National law of the EPC Contracting States).
In practice, the provisional protection, bridging only the period of time between publication of the application and the publication of grant. does not usually play an important role. Taking into consideration the costs involved in obtaining provisional protection if the publication of the European application was not made in one of the official languages of the designated Contraceing State(translation of the claims, official fees, attorney’s fees)we suggest considering provisional protection only in special cases e. g .if a third party already uses the subject matter of the patent application.
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我能永远爱你么  |
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2009-03-05 14:58:51
