London Agreement To Enter Into Force In May

by Ulrika Lomas, for LawAndTax-News.com, Brussels

01 February 2008

The London Agreement is due to come into force later this year, after France deposited the instrument of ratification with the German Ministry of Justice on 29 January.

The agreement, which will enter into force on 1 May - the first day of the fourth month following the deposit of the instrument - will make patenting in Europe cheaper by reducing post-grant translation costs.

The London Agreement was concluded in London on 17 October 2000 with the aim of creating a cost attractive post-grant translation regime for European patents.

The Parties to the Agreement undertake to waive, entirely or largely, the requirement for translations of European patents to be filed in their national language. This means in practice that European patent proprietors will no longer have to file a translation of the specification for patents granted for an EPC Contracting State Party to the London Agreement and having one of the three EPO languages as an official language.

Where this is not the case, they will be required to submit a full translation of the specification in the national language only if the patent is not available in the EPO language designated by the country concerned.

This change is expected to benefit small and medium-sized enterprises in particular.

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