Using the European patent system is a practical and affordable way to protect your idea in up to 44 countries across Europe, Africa, and Asia. EP validation in each state where protection is after is necessary once they have been noble. That means knowing each state’s validity and translation laws is essential.
Seeking legal counsel is essential to avoid having your priceless Intellectual Property (IP) slip through the cracks because these regulations might need clarification. This article overviews several crucial issues to prevent unintended loss of rights during the EP certification procedure.
Learn more about how our European Patent Validation service can assist you in achieving success during the prosecution and grant stages by clicking here.
States that are increasing EP Validation
All 44 nations that have ratified the European Patent Convention (EPC), regardless of whether they are bound for extension, or validation states, begin the three-month validation term once an EP is present at the European Patent Office (EPO).
The date the Convention became operative in a state determines its categorisation under the EPC. 38 of the 44 states fall under designated conditions, and they make up the majority. One can distinguish between extension states (Bosnia and Herzegovina – December 1, 2004, and Montenegro – March 1, 2010) and validation states among the nations that joined the EPC after that year (Tunisia – December 1, 2017, Cambodia – March 1, 2018, Morocco – March 1, 2015, and Moldova – November 1, 2015).
Two cumulative conditions must please the patent validation formalities in the extension and validation states. The first is that the patent holder must ask for it, and the second is that they must pay a designation fee within six months of the publication of the European search report. As soon as the EP Validation has been model public at the EPO level, these states can confirm the patent. If the patent owner is intent in one of these nations, they can submit the required translations, other documentation, and reasonable costs.
Translation policy
According to Article 1(1) of the London Agreement, EPs are model rooms for the translation regime. The translation obligations under Article 65(1) EPC will not apply to a contracting state that shares an official language with one of the EPO’s official languages (English, French, or German). Belgian, French, German, Irish, Luxembourgian, Monaconian, Swiss, Lichtensteinian, and British states participate in this group.
A contracting state designates its official language as the EP’s official language, and the EP is supplying in or translates into that language. In that case, the translation requirements stay under Article 1(2) of the London Agreement.
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Bosnia and Herzegovina, Latvia, Lithuania, North Macedonia, Morocco, Montenegro, and Slovenia all make translation claims.
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Only if the specification is in English are the following countries allowed to make claims: Albania, Croatia, Denmark, Finland, Hungary, Iceland, Cambodia, the Netherlands, Norway, Sweden, and Tunisia (an English specification must be index, along with the translated claims).
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Romania, San Marino, Serbia, Slovakia, Spain, Tunisia, Turkey, Austria, Bulgaria, Greece, Cyprus, Czech Republic, Estonia, Italy, Moldova, Malta, Poland, Portugal, Romania, and the Czech Republic.
Consider a scenario where an English-specified EP applicant applies for protection in Germany, Austria, Bosnia & Herzegovina, Croatia, and Greece. In that instance, they must supply the following: full-text translations of the claims into German (for Austria) and Greek, as well as translations into Bosnian (for Bosnia and Herzegovina) and Croatian (for Greece).
More requirements
By Article 2(2) EPC, unless otherwise specified in the EPC, an EP will, in each contracting state for which it is present, have the same effect and be subject to the same conditions as a national patent granted by that state. For instance, in some jurisdictions, translations filed under the applicant of the subject EP must see a power of attorney. Depending on the national requirements, must put either original or scanned copies of the empowerments in place.
Why IP Docketers are useful
Although the EP framework gives inventors a chance for universal protection, achieving that status can be incredibly difficult. Companies can offload all this administrative work to IP Docketers & Associates’ EP Validation division and have access to our high-quality service, tightly managed pricing, flexibility, and large volume capacity all at once. We handle EP validations as a legal firm, so you get help from knowledgeable IP experts and patent attorneys.
One of our objectives is to free up our clients’ time so they may concentrate more on their core strengths and less on managing IP. Our EP Validation department collaborates smoothly with downstream organisations in Patent Renewals to guarantee consistency in case management. By streamlining our internal processes, we aim to reduce the amount of effort and participation needed from our clients. To manage EPs effectively throughout every phase of their life cycle, our teams must continually interact with one another.
We provide our EPV app via the IP Docketers IP Lounge to simplify this long-term maintenance for our clients. This secure channel enables you to easily and quickly request quotes and make orders for validation.
Observe EP Validation pitfalls
In many industries, patent rights are essential assets for firms. The EP system is a popular path for those looking for safety in a region with approximately 700 million inhabitants. You want to ensure a technological hurdle gets in the way of adequate patent protection, given the expenditure on R&D and creating practical patent applications.
By collaborating with IP Docketers, you may avoid administrative hassles, deal with fully informed, and always complete all crucial deadlines. By working with a reputable IP full-service supplier, you may put your EP applications, validations, and renewals in the best possible hands while containing costs and upholding responsibility.
