London Agreement Patent

European patents are issued in one of the EPO`s three official languages, i.e. English, French or German. States that have signed the London Agreement and have one of the EPO`s official languages do not request translation of the text so that the patent can be validated at national level (translations of claims into the epo`s three languages are required before the issue). 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. Under Article 9 of the agreement, the European patent regime, for which the issuance was issued on or after 1 May 2008, applies. However, the new language regime already applied to Switzerland, Liechtenstein and the United Kingdom for European patents issued on 1 February 2008. [2] Germany has encountered difficulties in implementing the London Agreement. The original transposition law was incorrect because the effective date of the new european patent translation requirements, which refer to Germany, was misunderstood.

[18] A new transposition law was then published on 11 July 2008. The old translation requirements no longer apply in Germany retroactively to 1 May 2008. [19] The London Agreement applies to European patents for which the reference to issuance is published in the European Patent Bulletin after the agreement for the State concerned comes into force (see Article 9). The new translation regime therefore applies to states that have ratified or acceded to the London Agreement to all European patents for which the mention of the issue was published in the European Patent Bulletin on 1 May 2008. For Albania, Lithuania and Northern Macedonia (formerly the « former Yugoslav Republic of Macedonia »), the London agreement has no impact on the existing translation regime. It may be necessary to submit a translation of the entire patent into a country`s national language if the patent is in use in that country.