LangRaible Law Firm for Intellectual Property (IP) and Copyright
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06.02.2008
More reasonable patent protection in Europe

In the future, the costs for patents will become more reasonable in Europe, since the costs for translations are getting reduced. On January 29, 2008 France lodged the certificate of ratification in the Department for Foreign Affairs in Berlin for the so called London Protocol. The Protocol will enter into force on May 01, 2008.

"Now, the innovative economy can be disburdened from considerable translation costs for patents." the Federal Minister of Justice, Brigitte Zypries appreciated this important step for reforming the European Patent System. "German Industry, which files most patents compared to other European countries and especially small- and medium-sized enterprises will profit by that. The Agreement provides means which are available for additional research and development. This strengthens the economic location Europe and secures jobs in innovative industries" says the minister.

By the London Agreement of the year 2000, the member states widely renounce the fact that patents which have been granted of the European Patent Office in Munich have to be translated into their respective official language. Economic associations estimate that an average of 30 percent of the patent cost can be saved.

In detail:

States that have an official language of the European Patent Office (German, English, French) renounce in the London Agreement completely of the translation of the patent. Those states in which this is not the case, can only demand that a part of the patent, namely the patent claims have to be filed in their own language. The patent itself only has to be present in German, English or French.

Only if it comes to a legal conflict on a patent infringement, the member states of the Agreement may demand a complete translation of the patent into its own official language. But compared to the total number of granted patents, there are only few conflicts about patents.

The London Agreement is an additional agreement to the European Patent Convention (EPC) and is ratified by 12 states, amongst France also by Great Britain and Germany. The Government of Germany argues for the fact that more states follow that example and accede the agreement so that its potential of bringing the European economy forward can be unfolded completely.

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