London Agreement (2000)

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The London Agreement, or formally the Agreement on the application of Article 65 of the Convention on the Grant of European Patents, is a patent law agreement concluded in London on October 17, 2000 and aimed at reducing the translation costs of European patents granted under the European Patent Convention (EPC).[1] The London Agreement is an optional agreement between member states of the European Patent Organisation.[1]

The London Agreement entered into force on 1 May 2008.[2]

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[edit] Background

Before 1 May 2008, once a European patent was granted or more precisely within three months (or six months for Ireland) from the date of grant, the patent had to be translated into an official language of each country in which the patentee wanted patent protection. If the translation of the European patent was not provided to the national patent office within the prescribed time limit, the patent was "deemed to be void ab initio in that State."[3] This situation still applies in the Contracting States wherein the Agreement has not entered into force.

This situation led to high translation costs for patent holders, reduced the incentives to apply for a European patent and, many argued, the situation was a burden on the competitiveness of the European economy, compared to the situation in the United States (see also EU's Lisbon Strategy).

[edit] Content

The agreement provides that Contracting States which have an official language in common with an official language of the European Patent Office, i.e. English, French or German, no longer require translation of European patents into one of their official languages. Other contracting states have to choose one of the official languages of the EPO as a "prescribed language", in which European patents have to be translated in order to enter into force in their country. They however keep the right to require translation of the claims in one of their official languages.

In addition, a Contracting State to the Agreement also keeps the right to require that, in case of a dispute relating to a European patent, a translation should be provided by the patentee in one of the official languages of the state.

[edit] Implementation

The London Agreement entered into force on May 1, 2008 in 14 countries (counting Sweden which planned to join before 1 May 2008, [4] and did so [5]). The implementation is as follows:[2][5]

Implementation of the London Agreement in its Contracting States
States dispensing with translation requirements (Article 1(1) of the London Agreement) States requiring that the description of the European patent be supplied in the official language of the EPO prescribed by that state (as specified within the brackets) (Article 1(2) of the London Agreement) States dispensing with translation requirements for the description (Article 1(2) of the London Agreement) States requiring translation of the claims of the European patent into one of its official languages be supplied (as specified within the brackets) (Article 1(3) of the London Agreement)

France, Germany, Liechtenstein, Luxembourg, Monaco, Switzerland, United Kingdom

Croatia (English), Denmark (English), Iceland (English), Netherlands (English), Sweden (English)

Latvia, Slovenia

Croatia (Croatian), Denmark (Danish), Iceland (Icelandic), Latvia (Latvian), Netherlands (Dutch), Slovenia (Slovenian), Sweden (Swedish)

The Agreement applies to European patents granted on or after May 1, 2008. The new language regime however already applied for Switzerland, Liechtenstein and the United Kingdom to European patents granted on or after February 1, 2008.[2] Germany had some trouble with the implementation of the London Agreement. The original implementation bill was flawed due to miscalculations of the date of entry into force of the new translation requirements for European patents designating Germany.[6] A new implementation bill is expected to be published in June 2008. The German Patent and Trade Mark Office (Deutsches Patent- und Markenamt, DPMA) announced that the old translation requirements will no longer be applicable in Germany retroactively as of May 1, 2008.[7]

[edit] History

The Agreement resulted from a process started at the Paris Conference on 24-25 June 1999, an intergovernmental conference of the member states of the European Patent Organisation held in Paris at the invitation of the French government. [8] The conference adopted a mandate setting up two working parties with the task of submitting reports to the governments of the contracting states on reducing the cost of European patents and harmonising patent litigation.[8] The first working party eventually led to the London Agreement while the second led to the proposed European Patent Litigation Agreement. More precisely, the first working party was instructed to draft an "optional protocol to the EPC, under which its signatory states undertake not to require the translation of the description of the European patent, provided that it is available in English... [or alternatively] provided that it is available in one of the official EPO languages as designated by each signatory state". [8] The name "London Protocol" is sometimes used to refer to the London Agreement, because the initial mandate mentioned a Protocol, rather than an Agreement. [9]

The Agreement was then adopted at the London Conference of 2000, [1] followed by a seven-year ratification process. On April 18, 2007, at the European Patent Forum in Munich, Germany, Angela Merkel said that she and German Justice Minister Brigitte Zypries would fight to see the London Agreement realised.[10] She called the London Agreement "an important step in the right direction".[10]

The approval of the London Agreement by the French Senate (amphitheater pictured), on October 9, 2007 was the last major step (not counting the deposit of the ratification instruments) before its entry into force.
The approval of the London Agreement by the French Senate (amphitheater pictured), on October 9, 2007 was the last major step (not counting the deposit of the ratification instruments) before its entry into force.

This agreement was signed by 10 countries, namely Denmark, France, Germany, Liechtenstein, Luxembourg, Monaco, Netherlands, Sweden, Switzerland and the United Kingdom. To enter into force, the deposit of instruments of ratification by at least eight countries, including at least France, Germany and the United Kingdom had to take place. Up to now, Monaco, Germany, United Kingdom, Switzerland, Netherlands, Liechtenstein, Luxemburg, Denmark, and France have deposited their instrument of ratification to the London Agreement while Slovenia, Iceland, Latvia and Croatia have deposited their instrument of accession (accession is also taken into account for the entry into force of the agreement). Sweden is expected to ratify soon.[11]

Since France deposited its instruments of ratification on 29 January 2008, the agreement entered into force on 1 May 2008.[2]

The ratification of the London Agreement by France, which for some time was the last missing step for the Agreement to enter into force, followed a number of steps, including the recommendation in May 2006 by the French National Assembly and the French Senate to adopt the Agreement,[12] the approval by the French Constitutional Council,[13] the announcement in August 2007 by the new Prime Minister François Fillon that the London Agreement would soon be ratified,[14] the approval by the French Council of Ministers,[15] and eventually the adoption by the National Assembly and the Senate of the ratification act on September 26, 2007 and on October 9, 2007 respectively.[16][17][18][19]

[edit] References and notes

  1. ^ a b c European Patent Office (EPO) web site, London Agreement to enter into force in first half of 2008, News, September 11, 2007.
  2. ^ a b c d London Agreement: Key points. European Patent Office. Retrieved on 2008-05-01.
  3. ^ Article 65 EPC
  4. ^ London Agreement to be implemented in Sweden 1 May, Swedish Patent and Registration Office, March 19, 2008. Consulted on May 1, 2008.
  5. ^ a b The London Agreement has entered into force, Swedish Patent and Registration Office, May 7, 2008. Consulted on May 13, 2008.
  6. ^ Axel H Horns, London Agreement and IPRED-1 in the German Parliament, BLOG@IP::JUR, April 14, 2008. Consulted on May 1, 2008.
  7. ^ (German) Deutsches Patent- und Markenamt (DPMA), Londoner Übereinkommen tritt in Kraft: Europäische Patente werden günstiger, Press release, April 30, 2008. Consulted on May 1, 2008.
  8. ^ a b c European Patent Office, Intergovernmental conference of the member states of the European Patent Organisation on the reform of the patent system in Europe, Paris, 24 and 25 June 1999, OJ EPO 8–9/1999, pp. 545-553.
  9. ^ Similarly, the European Patent Litigation Agreement (EPLA) was called "European Patent Litigation Protocol" before being renamed "European Patent Litigation Agreement" for reasons of international law. Source: Swiss Federal Institute of Intellectual Property, European Patent Litigation Agreement (EPLA), November 18, 2002. Retrieved on July 11, 2006.
  10. ^ a b EPO web site, "Patents are the future". Consulted on April 20, 2007.
  11. ^ London Agreement: Status. European Patent Office. Retrieved on 2008-05-01.
  12. ^ Future patent policy in Europe, Public hearing, Consultation on future patent policy in Europe – preliminary findings, 12 July 2006, page 13.
  13. ^ "La compatibilité de cet accord avec la Constitution a été confirmée par une décision du Conseil constitutionnel du 28 septembre 2006 (décision n° 2006-541 DC)." in (French) Assemblée Nationale, Projet de Loi autorisant la ratification de l’accord sur l’application de l’article 65 de la convention sur la délivrance de brevets européens,, August 24, 2007, page 4.
  14. ^ (French) "Dans les prochains jours, nous annoncerons une réforme radicale du crédit impôt recherche pour que 100 % des dépenses de recherche soient prises en compte. Parallèlement, on va (...) ratifier l'accord de Londres sur les brevets." in François Fillon ne veut "aucune mesure de durcissement du crédit", Le Monde, August 21, 2007.
  15. ^ (French) "Le projet de ratification du protocole de Londres sur les brevets européens a été approuvé vendredi par le Conseil des ministres..." and "En attendant, le gouvernement doit préciser la date à laquelle il soumettra le texte au vote du Parlement. Une fois voté, il sera alors officiellement ratifié par la France et le protocole de Londres entrera en vigueur." in Frank Niedercorn, Les industriels saluent la volonté du gouvernement de ratifier l'accord de Londres, Les Echos, August 27, 2007.
  16. ^ (French) Assemblée Nationale, Projet de Loi autorisant la ratification de l’accord sur l’application de l’article 65 de la convention sur la délivrance de brevets européens, August 24, 2007.
  17. ^ EPO web site, French Assemblée nationale votes on the London Agreement, September 27, 2007.
  18. ^ (French) French Senate web site, Projet de loi autorisant la ratification de l’accord sur l’application de l’article 65 de la convention sur la délivrance de brevets européens, Consulted on October 10, 2007.
  19. ^ (French) EPO web site, L'Accord de Londres approuvé par le Parlement français, October 10, 2007.

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