Access to, and use of, any part of
the website of the European Patent Office (hereinafter "the
Website"), any document, material or other information, including text,
images, sound and software (hereinafter "Information") made available
on the Website and any of the services provided via the Website (hereinafter
"Services") are governed by these terms and conditions of use
(hereinafter "Terms and Conditions") and constitute acceptance of
these Terms and Conditions by the user.
These Terms and Conditions may be
superseded by other terms and conditions applicable to individual services or
parts of the Website, irrespective of whether or not these Terms and Conditions
expressly refer to such other terms and conditions.
The European Patent Organisation
(EPO) reserves the right to amend these Terms and Conditions at any time by
posting amended Terms and Conditions on the Website. Such amendments take
effect on the date on which they are posted. Users are entitled to object to
them within two weeks of posting. Continued use of the Website or its services
constitutes acceptance of the changes concerned. If a user explicitly objects
to any new terms and conditions, the EPO is entitled to revoke his access
1.4. If any provision of these Terms and Conditions is for any reason held to be invalid, illegal or otherwise unenforceable, such unenforceability does not affect any other provision; the Terms and Conditions are then to be construed as if they had never contained the provision(s) in question and are to be interpreted, in so far as possible, in such a way as to maintain their original intent.
The general purpose of the Website is to enhance public access to
information about the EPO and its activities and, in particular, to grant
access to documents held by the European Patent Office in accordance with
applicable legal provisions; it will also offer additional services, such as
facilities for interactive communication with the EPO and/or other users
(subject to the specific provisions in Section 9 and any other additional
terms and conditions of use ) and for web-based transactions (subject to the
specific provisions in Section 10 and any other specific terms and
conditions of use).
2.2. Subject to any legal provision governing access to documents held by the European Patent Office in electronic form, the EPO reserves the right to modify, limit or discontinue - in full or in part and without prior notice - the Services and Information available on the Website at any time, to restrict access to the Website and to deny, without notice and at its sole discretion, any user's access to the Website or any part thereof.
Users of the Website must comply with all applicable laws and
regulations. They must refrain from violating or attempting to violate the
EPO's network security, and, in particular, from uploading or attaching
virus-containing or corrupted files or any software or programs that might
damage the operation of another user's computer. Users must furthermore refrain
from restricting, or attempting to restrict in any way access to or use of the
Website or any Services by other users (for example by generating, whether
manually or in an automated fashion, unusually high numbers of service
The Website is not intended to be a source for bulk downloads of data. Users who wish to download large amounts of data should contact firstname.lastname@example.org .
Some of the Services available on this Website require prior
registration. Users must provide correct and complete information when
registering, and update it if necessary. They must not misuse any access
authorisation granted to them (for example by transferring data to unauthorised
third persons). By registering, users agree to being contacted by the EPO by e‑mail.
Registered users are responsible for maintaining the confidentiality of
their account and password to prevent unauthorised access to that account.
Users must take all necessary steps to keep their password secure and must
inform the EPO without delay at email@example.com if it is
being or could be used without authorisation.
3.4. In the event of any violation of the above user obligations, the EPO is entitled to revoke the user's access rights without prior notice.
4.1. Unless otherwise stated, the Information is of a general nature only and not intended to address the specific circumstances of any particular case, individual or entity. The EPO cannot guarantee that the Information is always comprehensive, complete, accurate and up-to-date. Consequently, the EPO accepts no responsibility for any loss or damage that may arise from reliance on the Information.
The Information in no case constitutes professional or legal advice.
4.3. Paragraph 1 of this section does not apply to:
Official documents published or intended for publication in paper form
(such as the European Patent Convention and its protocols, decisions of the
Administrative Council and the Official Journal of the European Patent Office)
are made available for users' convenience only. It cannot be guaranteed that
they accurately replicate the originals.
The data and information on the legal status of patents subsequent to their grant are provided to the European Patent Office by the respective national patent authorities; they are displayed as received, without warranty of any kind and for information purposes only. The national patent authorities remain solely responsible for the accuracy of the data and information they provide. In order to obtain authoritative legal status information, users should consult the appropriate national patent authority.
Where parts of the Information bear the name of their author(s) or are
otherwise clearly attributable to a person or institution not directly
affiliated to the EPO (e.g. recorded speeches or postings in Forums as defined
in Section 9), they do not necessarily reflect the views of the EPO, which
cannot guarantee their accuracy and reliability.
4.6. The EPO does not make any representation or issue any guarantee, either express or implied, as to the accuracy, availability, suitability or content of information or services hyperlinked from the Website. Reference on the Website to third-party events, statements, services or products does not necessarily constitute the endorsement or support by the EPO for such events, statements, services or products, which remain the sole responsibility of the third party concerned.
Subject to legal provisions exempting official publications from
copyright, all Information published on the Website is protected by copyright
and owned or controlled by the EPO or the party credited as its provider or
author. The EPO reserves all rights to the extent possible under copyright law.
5.2. Without prejudice to paragraph 3 below, users may use the Information obtained directly from the Website without acquiring a copyright or other proprietary rights to it, unless otherwise stated and subject to the following:
No other use of the Information is permitted without prior written authorisation from the EPO.
5.3. As an exception to the above,
The EPO aims at minimising technical errors and malfunctions. However,
some data or other parts of the Information may have been created or structured
in files or formats that are not error-free. The EPO cannot guarantee that the
underlying files and the formats used are error-free and will not cause the
user's systems to malfunction.
In particular, the EPO cannot guarantee that XML data for documents published prior to 1 January 2006 accurately replicates the originals. Unless otherwise stated, only the PDF and SGML versions of such documents are accurate replications or electronic publications of the originals within the meaning of the decisions of the President referred to in Section 4.3 above. The HTML view of XML data is in all cases for users' convenience only, and cannot be guaranteed to reflect accurately the underlying XML data.
6.2. The EPO cannot guarantee that the Website and the Services will always be available. Whilst the EPO is committed to ensuring that the availability of the Website will be essentially uninterrupted and that transmissions will be error-free, this cannot be guaranteed. Access to the Website and its Services may also occasionally be suspended, restricted or impeded to permit repairs, maintenance or the introduction of new services or facilities.
6.3. The EPO accepts no responsibility with regard to such problems (including, but not limited to, failure of performance, computer virus, communication line failure, alteration of content, etc.) encountered as a result of using the Website or any linked external sites.
For some Services and parts of the Website, the EPO offers data security by means of secure socket layer (SSL) technology. A number of Services may be accessed by authorised users by way of a self-defined username and password, while others require identification by means of electronic signature in the form of a smart card issued or recognised by the European Patent Office. The issuance, use and recognition of smart cards are governed by specific terms and conditions of use.
However, the EPO cannot guarantee that data transmitted is absolutely secure at all times from attack by third parties, nor can it guarantee the absolute security of the data transmission process.
Without prejudice to Article 9 of the European Patent Convention, the
EPO shall be liable only for damage
caused by an intentional or grossly negligent breach of duty by its employees,
statutory representatives or auxiliary persons. Where a claim for compensation
for damage against the EPO is based on simple negligence on the part of the EPO
(including the persons listed above), the EPO shall be liable only to the
extent that the claim rests on an injury to life, body or health or is
attributable to a violation of an essential contractual obligation. In the
latter case, if the claimant is an entrepreneur (within the meaning of Section
14 of the German Civil Code), the EPO's liability is limited to typical and
The EPO does not accept any responsibility for the accuracy of data and information on the legal status of patents subsequent to their grant originating from other authorities than the EPO; in particular, the EPO does not guarantee that they are complete, up-to-date or fit for specific purposes.
The EPO shall not be liable and accepts no representation or
responsibility for the accuracy, completeness and reliability of information
given in documents bearing the name of their author(s) or otherwise clearly
attributable to a person or third party not directly affiliated to the EPO
(e.g. recorded speeches, postings in Forums as defined in Section 9, or data
relating to the post-grant phase obtained from national patent offices). The
respective author or speaker bears sole responsibility for the content of such
parts of the Information.
Any software made available for download on the Website is supplied
"as is" without further warranties of any kind, either express or
implied, including, but not limited to, the quality, performance,
merchantability or fitness for a particular use or purpose. Without prejudice
to Section 8.1 above, the EPO shall not be liable for any damages, including
but not limited to direct, indirect, special, incidental, punitive, exemplary
or consequential damages arising out of the use or the inability to use such
software, even if the EPO is advised of the possibility of such damages.
Specifically, the EPO is not responsible for any loss of profits or revenue,
loss of the use of the computer program, loss of data, the cost of recovering
programs or data, the substitute program and any claims by third parties caused
by the use of such software.
The EPO shall not be liable and accepts no representation or
responsibility for the functionality or contents of external websites, services
or software products hyperlinked from the Website. The use of such websites,
services or software products is at the sole risk of the user.
8.5. These provisions are not intended to limit the EPO's liability in breach of any national law applicable or to exclude its liability for matters which cannot be excluded under such law.
9.1. Where the Website contains facilities for the online exchange of information or communication with the European Patent Office or other users, be it through bulletin boards, chat rooms, wiki sites, access to mailing lists or other message or document posting facilities (hereinafter collectively "Forums"), the user agrees to use the Forums only to send and receive messages and materials that relate to the Forum's subject and to respect generally accepted standards of politeness and correctness in communications. Forums are for non-commercial use only. In particular, users must not
9.2. By sending messages and material to the Forums, the user accepts full liability vis-à-vis the EPO for any claim made against the EPO in connection with such posting, including, but not limited to, claims for infringement of copyright or other intellectual property rights.
9.3. Unless otherwise stated, the EPO does not screen, edit or approve postings on the Forums. It therefore does not endorse any Forum content, and disclaims all liability as regards such content. However, the EPO reserves the right, at any time and at its sole discretion,
9.4. By uploading content to the Forum or submitting material for use therein, the user grants the EPO a transferable right to use, reproduce or modify such content or material. In exercising that right the EPO must respect the moral rights of the user, including the right to be identified as the author.
10.1. Placing an order for products or
services via the Website constitutes an offer to the EPO to conclude a contract
for the provision of such product or service. Any such offer may be accepted by
the EPO by sending an e-mail or letter confirming such acceptance, dispatching
the items or commencing with the provision of the services.
Where applicable, the aforementioned confirmation e-mail or letter will also contain details of the amount to be paid and the payment method for the products or services ordered. Where such a confirmation e-mail or letter is sent, and unless otherwise stated, a contract is not concluded until the EPO receives the payment. A notification merely confirming receipt of the order and containing the latter's details does not constitute acceptance of the user's offer.
10.2. Without prejudice to their statutory rights, users that qualify as consumers within the meaning of Section 13 of the German Civil Code (BGB) are entitled to cancel their order, and return any items received, within 14 days of the day on which they received a purchased item or concluded the contract, whichever date is later. Such cancellation may be effected, without giving any reasons, either in writing or by returning the item. It is sufficient to dispatch the cancellation declaration, or the item, within that period to the following address:
European Patent Office
Dir. 5.1.3 Product Distribution and Specialised Services
This paragraph does not apply to individualised services (such as watch services, translations, legal status services, search services etc.), patent information products or software the carrier of which has been unsealed.
10.3. With respect to products delivered or services rendered by the EPO in accordance with a contract concluded via the Website, the EPO shall be liable for damage caused by a breach of duty by its employees, statutory representatives or auxiliary persons only to the extent that such breach of duty was either intentional or grossly negligent. The EPO also disclaims all liability for external services or data obtained from third parties (such as bibliographic data, legal status data, etc) namely, but not exclusively, in respect of their completeness, actuality and fitness for specific purposes.
10.4. Delivery of EPO patent information products and services is subject to the General conditions for the delivery of EPO information products.
10.5. With respect to enrolment for training or events via the Website, online registration constitutes an offer to the EPO to conclude a contract to take part in the training or event. Paragraphs 1 and 3 of this section apply mutatis mutandis.
10.6. Unless otherwise stated, prices include any packaging and taxes. Delivery may be included in the price or charged for separately; where delivery is charged for separately, this must be clearly indicated.
10.7. Unless otherwise expressly agreed, all web-based transactions covered by the present Section 10 are governed by German law. The United Nations Convention on Contracts for the International Sale of Goods shall not apply.
11.1 Espacenet is an entry-level, internet-based patent document search service. It provides basic search and retrieval functions for a range of patent and patent-related documents. It is not a replacement for professional services or advice. A zero result from an Espacenet search, for example, should not be interpreted as conferring freedom of action. Commercially relevant or financial decisions should not be based on the results of Espacenet searches.
11.2 Given existing hardware and bandwidth limits, the Espacenet service is not to be used for bulk downloads. Users are requested to respect the "Fair use charter for Espacenet and OPS"; should they wish to download large amounts of data (for example facsimile page images) they should contact firstname.lastname@example.org.
11.3 The European Patent Office makes every effort to prevent technical malfunctions and ensure that the Espacenet service is available 24 hours a day, 7 days a week. However, from 05:00 to 05:15 CET, Monday to Saturday inclusive, some parts of the service are closed down for regular maintenance and updates.
11.4 The word "Espacenet" and its logo are EPO trade marks.
11.5. Without prejudice to the European Patent Convention and the secondary law of the EPO, the operation, provision and use of Espacenet services, and any claims or disputes arising out of or in connection with the use of the system, are subject to German law.
12.1 The My.epoline portal provides access to personalised online services such as WebRegMT, My Files and the My.epoline Mailbox.
12.2 The My.epoline portal and the services to which it gives access are free of charge. Some of the services, for example WebRegMT, can be accessed by authorised users via a self-defined username and password, while others, such as the My.epoline Mailbox, require identification by means of an electronic signature in the form of a smart card issued or recognised by the European Patent Office. The following is a list of recognised electronic signatures:
- European Patent Office > http://www.epoline.org
- CERES > http://www.cert.fnmt.es/
- VRK-FINSIGN > http://www.vaestorekisterikeskus.fi/
- WIPO > http://www.wipo.int/pct-safe/en/certificates.htm
12.3 If a service is not accessed by a registered user for a period of six months, the European Patent Office reserves the right to automatically deactivate the user authorisation for that service without prior notice. Dormant mailboxes may be automatically deactivated after three months of non-access unless stated otherwise in the specific conditions of use for individual services.
12.4 The European Patent Office endeavours to ensure that the My.epoline portal and its services can be accessed on working days from 08.00 to 18.00 hrs CET. However, it cannot guarantee that they will always be available at these times. If either the portal or any of its services are overloaded or malfunctioning, or if an overload or malfunction is imminent, this may restrict access to the portal or close it down altogether.
12.5 Without prejudice to the European Patent Convention and the secondary law of the EPO, the operation, provision and use of the services available via the My.epoline portal, and any claims or disputes arising out of or in connection with the use of the system, are subject to German law.
13.1. When the Website is accessed, certain information about users, such as internet protocol (IP) addresses, navigation through the site, software used and time spent, may be stored by the EPO or on its behalf. This information may be used for website traffic analysis only, and not to identify users. No attempt will be made to monitor systematically individual users of IP addresses, or the actions that they perform.
13.2. Personal data may not be recorded or saved without the user's express consent. By completing any data collection form on the Website, the user expressly agrees to the storage and processing of the data entered. All data provided by the user (such as, names, addresses, credit card details, account information, etc.) will be treated as confidential, stored and processed only for the purpose for which it was collected, and made available only to the unit responsible for dealing with it. In particular, personal data will not be passed on to third parties or published or made available for general access without the user's express agreement or unless necessary to comply with a request by or for the conclusion or fulfilment of a contract with that user, or unless the EPO is obliged to make such data available to public authorities.
These Terms and Conditions shall be interpreted in such a way as to preserve at all times the EPO's rights under the European Patent Convention and its Protocol on Privileges and Immunities, signed in Munich on 5 October 1973.