London Agreement (2000)

The London Agreement (full name: Agreement on the Application of Article 65 EPC, also known as the London Protocol and the London Agreement ) is an additional agreements to the European Patent Convention (EPC) and governs the filing of translations of European patents in the various Member States.

  • 2.1 States with German, English or French as an official language
  • 2.2 States with no official language, English, German or French
  • 2.3 Examples

History

Article 65 EPC allows the party to the European Patent Convention, when the validation of the patent in their country, a translation of the entire patent specification, ie the specification to require the claims and any drawing labels. Since the resulting costs for the applicant are very high, 20th century searched for cost-effective solutions in the 90s. These efforts led to the conclusion of an Agreement on the Application of Article 65 EPC at a government conference in London on 17 October 2000, which is why this agreement is referred to as " London Agreement ". Signed the Convention of 10 states of the EPC, all other stands, however, at any time of the join.

Should enter into force, the Convention on the first day of the fourth month following the deposit of the last instrument of ratification or instrument of accession of eight states of the EPC, including the three States in which 1999, most European patents took effect, ie Germany, Great Britain, France. Germany deposited its instrument of ratification on 19 February 2004, United Kingdom on 15 August 2005. Having the Netherlands had deposited their instruments of ratification became the eighth country on 5 October 2006, was only the ratification by France of. France deposited its instrument of ratification on 29 January 2008 and was the thirteenth country that had ratified or acceded to it was.

Thus, the London Agreement entered into force on 1 May 2008. It concerns all European patents for which the mention of the grant on or after May 1 will be released in 2008. So decisive is not the date of the decision to grant, but the date of publication of the mention of grant of a patent.

Parties

Until entry into force on 1 May 2008, all 10 signatories had ratified the London Agreement, as a last resort Sweden on 29 April 2008. 4 other contracting states had joined him until then. Thus, the Convention entered originally for only 14 of the then 34 EPC contracting states into force. Since then acceded to the Convention, so that there are currently (August 2011) applies to 16 of the now 38 EPC contracting states only Lithuania and Hungary.

So there are still missing many states of the EPC, including the economically important countries Italy, Spain and Norway. These states may require translations of European patents in their respective official language therefore continue. Even if accession the other Contracting States of the EPC is open at all times, already, some countries, such as Spain, says that does not benefit them in question.

Implementation in Germany

The Federal Republic of Germany had deposited its instrument of ratification of the London Agreement on 19 February 2004. On 10 December 2003, the Bundestag passed a law amending the Law on International Patent Treaties with which the London Convention should be implemented into German law.

Due to an error in this Act, there was the coming into force of the Convention initially to problems. This law was in fact sets the date of entry into force of the first day of the fourth month after the entry into force of the London Agreement and not, as is provided for in the Convention, the first day of the fourth month following ratification by the measures provided for in the Convention States. Thus the need for translation of the description for Germany initially accounted only for European patents for which the mention of the grant to or would be published after September 1, 2008 ( ie, four months after the 1 May 2008).

The Federal Ministry of Justice drew up a bill by which the requirement of translation should be deleted retroactively from 1 May. This was decided in the framework of the law on the enforcement of intellectual property rights on 7 July 2008 and published on 11 July 2008 in the Federal Law Gazette. In this Act and the Patent Act, the Utility Model Act, the Design Act, trademark law, copyright law and other laws have been changed to protect the intellectual property. Whereas Article 8a of the Law on International Patent Treaties with the provisions of the London Agreement will be adjusted, and the following changes in Article 8b it adopted, inter alia, repealed the Law amending the Law on International Patent Treaties of 10 December 2003. Articles 8a and 8b, which relate to the London Agreement entered retroactively into force May 1, 2008, the remaining parts of the Act on 1 September 2008.

Due to the pending state until July 11, 2008 therefore still translations of the entire application had to be filed in Germany, even after the entry into force of the London Agreement on 1 May 2008.

Content

In the London Convention the signatory States shall waive rights to demand translations that would actually get you under the European Patent Convention. A distinction is made between states that have one of the official languages ​​of the European Patent Office ( German, English or French) as an official language, and states where this is not the case.

States with German, English or French as an official language

The States Parties to the London Convention, the one of the official languages ​​of the European Patent Office ( German, English or French) have as an official language, not to file a translation of European patents. In future, therefore, it is in these countries are no longer required to submit a full translation of a European patent in the national language. The claims of a European patent are more in all three official languages ​​to translate.

States without official language German, English or French

The States Parties to the London Convention with an official language other than German, English or French can only to a limited demand translations of European patents against it. On the one hand, these countries may require a translation of the claims - not against the full patent - require in their official language. On the other hand, these countries may require a German, French or English translation of the complete patent specification either, with most States are expected to require an English translation. Latvia and Slovenia accept patents in each of the three official languages ​​of the European Patent Office.

Examples

  • Germany, France, Britain, Liechtenstein, Luxembourg, Monaco, and Switzerland, as these countries have one of the official languages ​​of the European Patent Office as an official language, and the claims are therefore already been translated into the respective language.
  • Latvia, Lithuania, Slovenia, as these countries have not specified any particular language.
  • Austria, although it is not a member of the London Agreement since there is German official language.
  • Belgium, although it is not a member of the London's Convention since there German (in addition to French and Dutch) is the official language.
  • Denmark, Iceland, Croatia, the Netherlands, Sweden, as these countries have English required
  • Ireland, although it is not a member of the London Agreement since there English is the official language.
  • Belgium, although it is not a member of the London Agreement since French is there ( besides Dutch and German ) official language.

Effects

The impact of the London Convention are ambivalent:

  • On one hand, the translation costs are reduced for the applicant. It is expected that this is a positive incentive to submit more European patent applications and granted European patents in more countries to validate.
  • On the other hand, traders are now forced to consider foreign language patents. If they are not of the language powerful, they must translate the relevant patents.

Swell

German patent law
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