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George White
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Can there be enforcement action in Europe for patents not yet granted?

I see in that, assuming national law provides for it, there are provisional rights in EPO application from the day of publication.

Art. 67(1) EPC:

A European patent application shall, from the date of its publication, provisionally confer upon the applicant the protection provided for by Article 64, in the Contracting States designated in the application.

I assume that these rights, like those in U.S. law, are to collect reasonable royalties for activities that occurred after publication but that no suit could start until after grant and no collection can be sought in the case of no grant. An answer to another question asserts that they can be sought before grant. If true, it could lead to ridiculous outcomes. Art. 69(2) EPC has been cited in that other question in support of that position.

George White
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  • 57