The London Agreement Ratified!

In Europe, the grant of a patent is not the end of the road for inventors. The patent specification must be translated into the official language of each country in which protection for the invention is sought. Failure to translate the patent specification within a certain period will result in the European patent being deemed to be “void ab initio in that State”. This procedure results in high translation costs and may reduce incentives to apply for a European patent. The solution to this problem is the London Agreement, which is aimed at reducing post-grant translation costs significantly. According to the Agreement, countries which have an official language in common with one of the official languages (English, French and German) of the European Patent Office (EPO) will not have to translate patent specifications into their official language. Claims of the European Patent will still be available in all three EPO official languages. Countries that do not have a language in common with the EPO official languages need only translate the claims and not the full specification (as is currently the case).
In order for the agreement to enter into force, the deposit of instruments of ratification by at least eight countries (which must include at least France, Germany and the United Kingdom) must take place. Ratification was delayed by France. The French government has deposited the instruments of ratification on 29 January 2008 and the London Agreement will thus enter into force on 1 May 2008.

Louis van der Walt
Adams & Adams
Partner
lvdw@adamsadams.co.za