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London agreement

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London agreement

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London agreement

  1. 1. CHENNAI 3rd Floor, ‘Creative Enclave’, 148-150, Luz Church Road, Mylapore, Chennai - 600 004. Tel: +91 - 44 - 2498 4821 BANGALORE Suite 920, Level 9, Raheja Towers, 26-27, M G Road, Bangalore - 560 001. Tel: +91 - 80 - 6546 2400 COIMBATORE BB1, Park Avenue, # 48, Race Course Road, Coimbatore - 641018. Tel: +91 - 422 – 6552921 EMAIL info@altacit.com WEBSITE www.altacit.com THE LONDON AGREEMENT N.Vignesh Kumaran Patents & Designs Department, Altacit Global
  2. 2. CHENNAI 3rd Floor, ‘Creative Enclave’, 148-150, Luz Church Road, Mylapore, Chennai - 600 004. Tel: +91 - 44 - 2498 4821 BANGALORE Suite 920, Level 9, Raheja Towers, 26-27, M G Road, Bangalore - 560 001. Tel: +91 - 80 - 6546 2400 COIMBATORE BB1, Park Avenue, # 48, Race Course Road, Coimbatore - 641018. Tel: +91 - 422 – 6552921 EMAIL info@altacit.com WEBSITE www.altacit.com INTRODUCTION • The London Agreement, formally the Agreement on the application of Article 65 of the Convention on the Grant of European Patents and sometimes referred to as the London Protocol, is a patent law agreement concluded in London on 17 October 2000 and aimed at reducing the translation costs of European patents granted under the European Patent Convention (EPC). • The London Agreement is an optional agreement between member states of the European Patent Organisation. It entered into force on 1 May 2008. It applies to all patents granted after the entry into force in those member states of the EPC which have signed up to the London Agreement.
  3. 3. CHENNAI 3rd Floor, ‘Creative Enclave’, 148-150, Luz Church Road, Mylapore, Chennai - 600 004. Tel: +91 - 44 - 2498 4821 BANGALORE Suite 920, Level 9, Raheja Towers, 26-27, M G Road, Bangalore - 560 001. Tel: +91 - 80 - 6546 2400 COIMBATORE BB1, Park Avenue, # 48, Race Course Road, Coimbatore - 641018. Tel: +91 - 422 – 6552921 EMAIL info@altacit.com WEBSITE www.altacit.com PREVIOUS LAW FOR GRANT OF PATENT IN EPO • When an application is allowed, it is necessary to file a translation of the claims into French and German (assuming that the application is in English). This has not changed under the London Agreement. • After grant, most member states of the European Patent Convention (EPC) required the filing of a translation of the whole patent specification into the national language of the state in order for the patent to have effect in that state. • The preparation of these necessary translations could account for up to around 40% of the total cost of obtaining a European patent.
  4. 4. CHENNAI 3rd Floor, ‘Creative Enclave’, 148-150, Luz Church Road, Mylapore, Chennai - 600 004. Tel: +91 - 44 - 2498 4821 BANGALORE Suite 920, Level 9, Raheja Towers, 26-27, M G Road, Bangalore - 560 001. Tel: +91 - 80 - 6546 2400 COIMBATORE BB1, Park Avenue, # 48, Race Course Road, Coimbatore - 641018. Tel: +91 - 422 – 6552921 EMAIL info@altacit.com WEBSITE www.altacit.com THE LONDON AGREEMENT Under the London Agreement, the member states of the EPC are divided into two types: 1. Countries having English, German or French as an official language These countries will no longer require a translation of the patent specification in order to validate the granted patent in that country. 2. Countries having a language other than English, French or German as an official language •These countries will select one of these three languages (English, French or German) and will only require a translation of the patent specification into the selected language (assuming the patent has not been granted in that language). They may require a translation of the claims of the patent into their national language.
  5. 5. CHENNAI 3rd Floor, ‘Creative Enclave’, 148-150, Luz Church Road, Mylapore, Chennai - 600 004. Tel: +91 - 44 - 2498 4821 BANGALORE Suite 920, Level 9, Raheja Towers, 26-27, M G Road, Bangalore - 560 001. Tel: +91 - 80 - 6546 2400 COIMBATORE BB1, Park Avenue, # 48, Race Course Road, Coimbatore - 641018. Tel: +91 - 422 – 6552921 EMAIL info@altacit.com WEBSITE www.altacit.com CONT…. For all countries As previously, when an application is allowed it is still necessary to file a translation of the claims into French and German (assuming that the application is in English) prior to grant. It may be necessary to file a translation of the whole patent specification into the national language of a country should the patent become the subject of a dispute in that country.
  6. 6. CHENNAI 3rd Floor, ‘Creative Enclave’, 148-150, Luz Church Road, Mylapore, Chennai - 600 004. Tel: +91 - 44 - 2498 4821 BANGALORE Suite 920, Level 9, Raheja Towers, 26-27, M G Road, Bangalore - 560 001. Tel: +91 - 80 - 6546 2400 COIMBATORE BB1, Park Avenue, # 48, Race Course Road, Coimbatore - 641018. Tel: +91 - 422 – 6552921 EMAIL info@altacit.com WEBSITE www.altacit.com COUNTRIES SIGNED UP TO THE LONDON AGREEMENT Signing up to the London Agreement is optional. For countries not signing up, the previous law remains i.e. they may require translation of the whole patent specification into their national language in order for the patent to take effect in their country. To date, the following countries have approved the Agreement: United Kingdom Hungary Macedonia Germany Iceland Monaco France Ireland Netherlands Albania Latvia Slovenia Croatia Liechtenstein Sweden Denmark Lithuania Switzerland Finland Luxembourg
  7. 7. CHENNAI 3rd Floor, ‘Creative Enclave’, 148-150, Luz Church Road, Mylapore, Chennai - 600 004. Tel: +91 - 44 - 2498 4821 BANGALORE Suite 920, Level 9, Raheja Towers, 26-27, M G Road, Bangalore - 560 001. Tel: +91 - 80 - 6546 2400 COIMBATORE BB1, Park Avenue, # 48, Race Course Road, Coimbatore - 641018. Tel: +91 - 422 – 6552921 EMAIL info@altacit.com WEBSITE www.altacit.com CONT… • UK, France, Germany, Liechtenstein, Luxembourg, Monaco and Switzerland fall under type 1, having either English, German or French as an official language and therefore will require no translation of the specification for validation of the patent in their country. • Denmark, Finland, Hungary, Iceland, Latvia, Lithuania, Netherlands, Slovenia, Croatia, Sweden and Macedonia fall under type 2 as they do not have English, French or German as an official language. Denmark, Finland, Hungary, Iceland, Netherlands, Croatia and Sweden have selected English as their language for translation but require translation of the claims into their national language. Macedonia, Latvia, Lithuania and Slovenia have not selected a particular language, but again require translation of the claims into their national language. Albania does not require a translation of the claims or specification.
  8. 8. CHENNAI 3rd Floor, ‘Creative Enclave’, 148-150, Luz Church Road, Mylapore, Chennai - 600 004. Tel: +91 - 44 - 2498 4821 BANGALORE Suite 920, Level 9, Raheja Towers, 26-27, M G Road, Bangalore - 560 001. Tel: +91 - 80 - 6546 2400 COIMBATORE BB1, Park Avenue, # 48, Race Course Road, Coimbatore - 641018. Tel: +91 - 422 – 6552921 EMAIL info@altacit.com WEBSITE www.altacit.com RECENTLY SIGNED IRELAND • On 25 November 2013 Ireland deposited its instrument of accession to the London Agreement with the result that the agreement has now entered into force in Ireland as of 1st March 2014. • Please note that Ireland had previously amended its national legislation to bring its translation regime into line with the London Agreement. Under the revised legislation, applicants are no longer required to file a translation into English of the specification of European patents granted in French or German on or after 3 September 2012 • As a consequence of the revised legislation, the Irish Patents Office will no longer treat as void European patents which were granted in the six months prior to 3 September 2012 and for which a translation into English has not been filed.
  9. 9. CHENNAI 3rd Floor, ‘Creative Enclave’, 148-150, Luz Church Road, Mylapore, Chennai - 600 004. Tel: +91 - 44 - 2498 4821 BANGALORE Suite 920, Level 9, Raheja Towers, 26-27, M G Road, Bangalore - 560 001. Tel: +91 - 80 - 6546 2400 COIMBATORE BB1, Park Avenue, # 48, Race Course Road, Coimbatore - 641018. Tel: +91 - 422 – 6552921 EMAIL info@altacit.com WEBSITE www.altacit.com POTENTIAL COST REDUCTIONS • The potential translation cost reduction varies depending on which countries are selected for validation. • Cost reductions will be greatest where the validation countries include those which have signed up to the London Agreement although these savings may be negated by the inclusion of validation countries having German/French as an official language and which have not signed up.
  10. 10. CHENNAI 3rd Floor, ‘Creative Enclave’, 148-150, Luz Church Road, Mylapore, Chennai - 600 004. Tel: +91 - 44 - 2498 4821 BANGALORE Suite 920, Level 9, Raheja Towers, 26-27, M G Road, Bangalore - 560 001. Tel: +91 - 80 - 6546 2400 COIMBATORE BB1, Park Avenue, # 48, Race Course Road, Coimbatore - 641018. Tel: +91 - 422 – 6552921 EMAIL info@altacit.com WEBSITE www.altacit.com EXAMPLES Example 1 – Validation in UK, France and Germany only At allowance – translation of claims into French and German. At grant – no further translations needed. Cost savings – significant since translation of whole specification into French and German no longer needed. Example 2 – Validation in UK, France, Germany, Italy and Spain At allowance – translation of claims into French and German. At grant – translation of whole specification into Italian and Spanish. Cost savings – significant since translation of whole specification into French and German no longer needed.
  11. 11. CHENNAI 3rd Floor, ‘Creative Enclave’, 148-150, Luz Church Road, Mylapore, Chennai - 600 004. Tel: +91 - 44 - 2498 4821 BANGALORE Suite 920, Level 9, Raheja Towers, 26-27, M G Road, Bangalore - 560 001. Tel: +91 - 80 - 6546 2400 COIMBATORE BB1, Park Avenue, # 48, Race Course Road, Coimbatore - 641018. Tel: +91 - 422 – 6552921 EMAIL info@altacit.com WEBSITE www.altacit.com CONCLUSION • The London Agreement was concluded to lower the translation costs faced by patent proprietors. • Prohibitive of translation costs should benefit inventors and companies with a strong patenting track record, primarily European industry, to which more than half of European patents are granted. • My suggestion is like EPO, Asian Patent Office (APO) should be created with all Asian countries as members.
  12. 12. CHENNAI 3rd Floor, ‘Creative Enclave’, 148-150, Luz Church Road, Mylapore, Chennai - 600 004. Tel: +91 - 44 - 2498 4821 BANGALORE Suite 920, Level 9, Raheja Towers, 26-27, M G Road, Bangalore - 560 001. Tel: +91 - 80 - 6546 2400 COIMBATORE BB1, Park Avenue, # 48, Race Course Road, Coimbatore - 641018. Tel: +91 - 422 – 6552921 EMAIL info@altacit.com WEBSITE www.altacit.com

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