Upon the grant of a European patent, this patent has to be
validated in the states effectively designated in the application and in which
the protection of the European patent is to take effect. The required steps are
specified in the respective domestic laws of the EPC member states.
These steps may include the requirement to appoint a domestic
representative or state an address for service, as well as the requirement to
file a translation of the European patent or at least of its patent claims into
a national official language. Some of the EPC member states are members to the London Agreement
with the below mentioned provisions for the translation requirements of a European Patent.
A European patent is validated automatically in the
following states; the filing of a translation is no longer necessary for these states:
Belgium, Germany, France, United Kingdom, Ireland, Switzerland and Liechtenstein, Luxembourg,
Monaco.
A translation into a national official language of the
patent claims only is required for the following states:
Latvia, Lithuania, Slovenia, Macedonia (former Yugoslav Republic).
The following states require a translation of the patent
claims into a national official language as well as the availability of the
specification in the English language or the fling of a translation of the
specification into a national official language or into English:
Albania, Croatia, Finland, Denmark, Hungary, Iceland, the Netherlands, Norway, Sweden.
The following states have not acceded to the London
Agreement and still demand the filing of a translation of the whole European
patent into a national official language:
Austria, Bulgaria, the Czech Republic, Estonia, San Marino, Spain, Greece, Italy, Malta*), Poland, Portugal, Romania,
Slovakia, Turkey, Cyprus.
European Patents with a filing date as of March 01, 2015 can be validated also in Morocco for what a translation of the
claims into French or Arabian is needed. European Patents filed on or after November 01, 2015 can be validated in Moldova, European Patents filed on or after December 01, 2017 can be validated in Tunisia and European Patents filed on or after March 01, 2018 can be validated in Cambodia.
*) English translation
|
status: 01.03.2018
|