16. 8. 84 Official Journal of the European Communities No L 219/15 COMMISSION REGULATION (EEC) No 2349/84 of 23 July 1984 on the application of Article 85 (3) of the Treaty to certain categories of patent licensing agreements THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Economic Community, Having regard to Council Regulation No 19/65/EEC of 2 March 1965 on the application of Article 85 (3) of the Treaty to certain categories of agreements and concerted practices ('), as last amended by the Act of Accession of Greece, and in particular Article 1 thereof, Having published a draft of this Regulation (?), After consulting the Advisory Committee on Restrictive Practices and Dominant Positions, Whereas: (1)  Regulation No 19/65/EEC empowers the Commission to apply Article 85 (3) of the Treaty by Regulation to certain categories of agreements and concerted practices falling within the scope of Article 85 (1) to which only two undertakings are party and which include restrictions imposed in relation to the acquisition or use of industrial property rights, in particular patents, utility models, designs or trade marks, or to the rights arising out of contracts for assignment of, or the right to use, a method of manufacture or knowledge relating to the use or application of industrial processes. (2)  Patent licensing agreements are agreements whereby one undertaking, the holder of a patent (the licensor), permits another undertaking (the licensee) to exploit the patented invention by one or more of the means of exploitation afforded by patent law, in particular manufacture, use or putting on the market. (3) In the light of experience acquired so far, it is possible to define a category of patent licensing (1) OJ No 36, 6. 3. 1965, p. 533/65. (2) O No C 58, 3. 3. 1979, p. 12. agreements which are capable of falling within the scope of Article 85 (1), but which can normally be regarded as satisfying the conditions laid down in Article 85 (3). To the extent that patent licensing agreements to which undertakings in only one Member State are party and which concern only one or more patents for that Member State are capable of affecting trade between Member States, it is appropriate to include them in the exempted category. (4)  The present Regulation applies to licences issued in respect of national patents of the Member States, Community patents (3), or European patents (*) granted for Member States, licences in respect of utility models or ‘certificats d’utilité” issued in the Member States, and licences in respect of inventions for which a patent application is made within one year. Where such patent licensing agreements contain obligations relating not only to territories within the common market but also obligations relating to non-member countries, the presence of the latter does not prevent the present Regulation from applying to the obligations relating to territories within the common market. (5)  However, where Ilicensing agreements for non-member countries or for territories which extend beyond the frontiers of the Community have effects within the common market which may fall within the scope of Article 85 (1), such agreements should be covered by the Regulation to the same extent as would agreements for territories within the common market. (6)  The Regulation should also apply to agreements concerning the assignment and acquisition of the rights referred to in point 4 above where the risk associated with exploitation remains with the (*) Convention for the European patent for the common market (Community Patent Convention) of 15 December 1975 (OJ No L 17, 26. 1. 1976, p. 1). {#) Convention on the grant of European patents of 5 October 1973.