New Translation Rules for European Patent Validations under London Agreement

UDINE/ITALY - The London Agreement will come into effect on May 1, 2008, bringing about a reduction in the costs of confirming a European Patent in those countries of the European Patent Convention which have signed the Agreement.

According to GLP, there are 13 signatory states, at the moment, and Sweden is expected to sign soon. The Agreement will be applied to all European Patents granted after May 1, 2008.

More particularly, when the London Agreement comes into force, in the following countries it will no longer be necessary to confirm the European Patent granted, including the filing of the translation of the text into the respective official languages: France, Germany, United Kingdom, Luxembourg, Monaco, Switzerland/Liechtenstein.

On the contrary, for those countries listed in the following table, it will be necessary to proceed as indicated in order to confirm the European Patent granted:

State     EPO Official language chosen Language            Language chosen by State
                    chosen by State for translation of text              for translation of claims

Croatia            English                                                        Croat
Denmark         English                                                        Danish
Iceland            English                                                        Icelandic
Netherlands      English                                                       Dutch
Latvia           English or German or French                           Latvian
Slovenia       English or German or French                           Slovene

No change is envisaged for the other member states of the European Patent Convention, including Italy, until and unless they join the London Agreement.

The annual maintenance fees remain payable within the deadlines as now established by each specific country, irrespective of whether that country has signed the London Agreement or not.

Please note that in those countries where it is no longer necessary to confirm the European Patent granted, it is in any case advisable to continue to appoint a patent attorney who can represent you before the national Patent Office with regard to the relative patent title.

In this case, any future communication (usually in the official language of the country in question), for example a deed of annulment presented by third parties or a variation in the national law, would certainly be notified to you, and you would thus be protected from any misunderstanding, and avoid any possible debarments or forfeitures that otherwise you might no longer be able to remedy.