London Agreement Countries Patent

Posted April 10th, 2021 by admin

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 London Agreement applies to European patents for which the reference to the issue 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. Compared to previous patent translation requirements, the amount of translation for companies seeking patent protection in the aforementioned countries has decreased significantly. With France having tabled its ratification instruments on 29 January 2008, the agreement came into force on 1 May 2008. [2] The London Agreement came into force on 1 May 2008 for 14 countries. for Lithuania, 1 May 2009[6] for Hungary as the 16th contracting state, on 1 January 2011[7] for Finland as the 17th party. State party on 1 November 2011[8] for Northern Macedonia as the 18th State Party on 1 February 2012[9] and for Albania as the 19th State Party on 1 September 2013 [10] In September 2012, Irish patent law has been amended „to pave the way for Ireland`s accession to the London Convention.“ [11] For European patents issued in French or German on 3 September 2012, an English translation is no longer required in Ireland.

[11] [12] Officially, Ireland became the 20th State Party at the London Convention on 1 March 2014. [13] The London Agreement came into force on 21 January 2015 for Norway as the 21st State Party. [14] On 1 January 2017, Belgian legislation was amended „to pave the way for Belgium`s accession to the London Agreement.“ [15] Indeed, for European patents for which the mention of the grant was published in or after the European Patent Bulletin on 1 January 2017, the filing of a translation „in a Belgian national language“ is no longer necessary in Belgium, regardless of the language of the patent. [15] Finally, the London Convention officially came into force on 1 September 2019 for Belgium as the 22nd State Party. [16] These countries choose one of these three languages (English, French or German) and only need a translation of the patent into the chosen language (provided the patent has not been issued in that language). They may require translation of the claims into their national language. In addition, a State party to the agreement reserves the right to require the patent holder to translate into one of the official languages of the State in the event of a dispute over a European patent. On 14 April 2010, the Court of Appeal in Paris, France, issued 24 similar judicial decisions which established that, since France had ratified the London Convention, it is not necessary to translate into French with the French Patent Office (INPI) with regard to the European patents maintained in the amended version after the opposition procedure , and that this also applies to European patents in the amended version for which the initial reference to the issue was published before the London Convention came into force.

agreement. [20] [21] [22] The French Court of Cassation upheld these decisions in November 2011. [23] The London Agreement, formally called the Agreement on the Application of Article 65 of the Convention on european Patents and sometimes also the London Protocol, is a patent law, concluded in London on 17 October 2000, which aims to eliminate the translation costs of European patents granted under the European Patent Convention (ETC) , to lower. [1] The London Agreement is an optional agreement

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