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Key points
Entry into force
The London Agreement entered into force on 1 May 2008.
Scope of application
The London Agreement applies to European patents in respect of which the mention of grant is published in the European Patent Bulletin after the Agreement enters into force for the state concerned (see Article 9 of the London Agreement). The new translation regime will thus be applicable - in those states which have ratified or acceded to the London Agreement - to all European patents in respect of which the mention of grant is published in the European Patent Bulletin on or after 1 May 2008. For Lithuania the London Agreement will have no impact on the existing translation regime.
In Switzerland/Liechtenstein, France, Iceland, Luxembourg, Latvia, Monaco, the Netherlands, Sweden, Slovenia and the United Kingdom, the new rules also apply to European patents granted before 1 May 2008 and amended on or after that date (mention published in the European Patent Bulletin) in opposition, appeal or limitation proceedings.
For Germany and Denmark, in such cases, the old translation requirements continue to apply.
For Croatia, there are no such transitional provisions.
Regarding transitional provisions in Switzerland/Liechtenstein and United Kingdom providing that European patents in respect of which the mention of grant is published before 1 May 2008 also fall under the London Agreement regime, reference is made to information published by the Swiss Federal Institute of Intellectual Property and the UK Intellectual Property Office.
Dispensation with translation requirements
The London Agreement distinguishes between (1) states having an official language in common with one of the official languages of the EPO (English, French and German) and (2) states having no official language in common with one of the official languages of the EPO.
1. States having an official language in common with one of the official languages of the EPO dispense with translation requirements under Article 65(1) EPC (Article 1(1) of the London Agreement).
This provision currently applies to the following states:
- France
- Germany
- Liechtenstein
- Luxembourg
- Monaco
- Switzerland
- United Kingdom
2. States which do not have an official language in common with one of the official languages of the EPO may require that a translation of the claims into one of their official languages be supplied (Article 1(3) of the London Agreement).
The following states require that the claims be supplied in their official language:
- Croatia (Croatian)
- Denmark (Danish)
- Iceland (Icelandic)
- Latvia (Latvian)
- Lithuania (Lithuanian)
- Netherlands (Dutch)
- Sweden (Swedish)
- Slovenia (Slovene)
The above states dispense with further translation requirements if the European patent has been granted in an official language of the EPO prescribed by them, or translated into that language and supplied under the conditions provided for in Article 65(1) EPC (Article 1(2) of the London Agreement).
The following states have prescribed English:
- Croatia
- Denmark
- Iceland
- Netherlands
- Sweden
In Denmark, Iceland, the Netherlands and Sweden, the European patent may also be supplied in the national language.
The following states have not prescribed any language under Article 1(2) of the London Agreement:
- Latvia
- Lithuania
- Slovenia
Please consult the EPO's publication "National law relating to the EPC" for further details regarding validation requirements in the EPC contracting states.