The London Agreement Patents

Apr 13, 2021 |

The agreement did not change other language provisions applicable prior to the issuance of a European patent, such as the requirement to translate claims for a European patent application “in the two official languages of the European Patent Office, with a different language of procedure,” after receiving notification of Rule 71 (3) CBE indicating that the EPO intends to issue a European patent. The agreement stipulates that States Parties that share an official language of the European Patent Office, i.e. English, French or German, no longer apply for the translation of European patents into one of their official languages. Other contracting states must choose one of the EPO`s official languages as the “prescribed language” in which European patents must be translated to enter into force in their countries. However, they reserve the right to require the claims to be translated into one of their official languages. Compared to previous patent translation requirements, the amount of translation for companies seeking patent protection in the aforementioned countries has decreased significantly. In Denmark, France (see the judgment of the Paris Court of Appeal of 14 April 2010), Iceland, in Latvia, Luxembourg, Monaco, the Netherlands, Slovenia, Sweden, Switzerland/AuBed and the United Kingdom, the new rules also apply to European patents issued before 1 May 2008 and amended that day (published in the European Patent Journal) in opposition, appeal or prescription procedures (referred to in the European Patent Journal). The same applies to Hungary if a European patent was issued before 1 January 2011 and was amended on that date as part of the objection, appeal or statute of limitation procedure. States parties to the CBE that have ratified or acceded to the agreement are committed to giving up the translation of European patents altogether or to a large extent.

In accordance with Article 1, paragraphs 1, 2 and 3, of the London Agreement By the countries that have joined it, With regard to transitional provisions, Belgian legislation provides that, for European patents issued in English for Belgium, for which the mention of granting, maintenance in modified form or restriction is published in the European Patent Bulletin before 1 January 2017, a translation of the specifications into Dutch, French or German must still be provided in accordance with Article 65 (1) CBE.

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