.gif)
London Agreement (2000)
Encyclopedia
The London Agreement, formally the Agreement on the application of Article 65 of the Convention on the Grant of European Patents and sometimes referred to as the London Protocol, is a patent
law
agreement concluded in London
on 17 October 2000 and aimed at reducing the translation costs of European patents granted under the European Patent Convention
(EPC). The London Agreement is an optional agreement between member states of the European Patent Organisation
.
The London Agreement entered into force on 1 May 2008.
) 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." 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
).
, 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 claim
s 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.
The current implementation is as follows:
The Agreement applies to European patents granted on or after 1 May 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. 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. A new implementation bill was then published on 11 July 2008. The old translation requirements are no longer applicable in Germany retroactively
as of 1 May 2008.
On April 14, 2010, the Court of Appeal of Paris, France, issued 24 similar court decisions, holding that, since France has ratified the London Agreement, no translation in French needed to be filed at the French Patent Office (INPI) with respect of European patents maintained as amended after opposition proceedings
, and that this applied also to European patents for which the mention of grant has been published prior to the entry into force of the London Agreement.
at the invitation of the French government. 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. 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". The name "London Protocol" is sometimes used to refer to the London Agreement, because the initial mandate mentioned a Protocol, rather than an Agreement.
The Agreement was then adopted at the London Conference of 2000, followed by a seven-year ratification process. On 18 April 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. She called the London Agreement "an important step in the right direction".
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 ratified on 29 April 2008.
Since France deposited its instruments of ratification on 29 January 2008, the agreement entered into force on 1 May 2008.
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, the approval by the French Constitutional Council, the announcement in August 2007 by the new Prime Minister François Fillon
that the London Agreement would soon be ratified, the approval by the French Council of Ministers
, and eventually the adoption by the National Assembly and the Senate of the ratification act on 26 September 2007 and on 9 October 2007 respectively.
Patent
A patent is a form of intellectual property. It consists of a set of exclusive rights granted by a sovereign state to an inventor or their assignee for a limited period of time in exchange for the public disclosure of an invention....
law
Law
Law is a system of rules and guidelines which are enforced through social institutions to govern behavior, wherever possible. It shapes politics, economics and society in numerous ways and serves as a social mediator of relations between people. Contract law regulates everything from buying a bus...
agreement concluded in London
London
London is the capital city of :England and the :United Kingdom, the largest metropolitan area in the United Kingdom, and the largest urban zone in the European Union by most measures. Located on the River Thames, London has been a major settlement for two millennia, its history going back to its...
on 17 October 2000 and aimed at reducing the translation costs of European patents granted under the European Patent Convention
European Patent Convention
The Convention on the Grant of European Patents of 5 October 1973, commonly known as the European Patent Convention , is a multilateral treaty instituting the European Patent Organisation and providing an autonomous legal system according to which European patents are granted...
(EPC). The London Agreement is an optional agreement between member states of the European Patent Organisation
European Patent Organisation
The European Patent Organisation is a public international organisation created in 1977 by its contracting states to grant patents in Europe under the European Patent Convention of 1973...
.
The London Agreement entered into force on 1 May 2008.
Background
Before 1 May 2008, once a European patent was granted or more precisely within three months (or six months for IrelandIreland
Ireland is an island to the northwest of continental Europe. It is the third-largest island in Europe and the twentieth-largest island on Earth...
) 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
Patent office
A patent office is a governmental or intergovernmental organization which controls the issue of patents. In other words, "patent offices are government bodies that may grant a patent or reject the patent application based on whether or not the application fulfils the requirements for...
within the prescribed time limit, the patent was "deemed to be void ab initio
Ab initio
ab initio is a Latin term used in English, meaning from the beginning.ab initio may also refer to:* Ab Initio , a leading ETL Tool Software Company in the field of Data Warehousing.* ab initio quantum chemistry methods...
in that State." 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
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
(see also EU's Lisbon Strategy
Lisbon Strategy
The Lisbon Strategy, also known as the Lisbon Agenda or Lisbon Process, was an action and development plan devised in 2000, for the economy of the European Union between 2000 and 2010....
).
Content
The agreement provides that Contracting States which have an official language in common with an official language of the European Patent OfficeEuropean Patent Office
The European Patent Office is one of the two organs of the European Patent Organisation , the other being the Administrative Council. The EPO acts as executive body for the Organisation while the Administrative Council acts as its supervisory body as well as, to a limited extent, its legislative...
, i.e. English
English language
English is a West Germanic language that arose in the Anglo-Saxon kingdoms of England and spread into what was to become south-east Scotland under the influence of the Anglian medieval kingdom of Northumbria...
, French
French language
French is a Romance language spoken as a first language in France, the Romandy region in Switzerland, Wallonia and Brussels in Belgium, Monaco, the regions of Quebec and Acadia in Canada, and by various communities elsewhere. Second-language speakers of French are distributed throughout many parts...
or German
German language
German is a West Germanic language, related to and classified alongside English and Dutch. With an estimated 90 – 98 million native speakers, German is one of the world's major languages and is the most widely-spoken first language in the European Union....
, 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 claim
Claim (patent)
Patent claims are the part of a patent or patent application that defines the scope of protection granted by the patent. The claims define, in technical terms, the extent of the protection conferred by a patent, or the protection sought in a patent application...
s 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
Enforcement of European patents
European patents are granted by the European Patent Office under the legal provisions of the European Patent Convention . However, European patents are enforced at a national level, i.e. on a per-country basis...
, a translation should be provided by the patentee in one of the official languages of the state.
Implementation
The London Agreement entered into force for 14 countries on 1 May 2008, then for Lithuania as 15th contracting state on 1 May 2009, for Hungary as 16th contracting state on 1 January 2011, and for Finland as 17th contracting state on 1 November 2011. The London Agreement will further enter into force for the former Yugoslav Republic of Macedonia, as 18th contracting state, on 1 February 2012.The current implementation is as follows:
| 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 France The French Republic , The French Republic , The French Republic , (commonly known as France , is a unitary semi-presidential republic in Western Europe with several overseas territories and islands located on other continents and in the Indian, Pacific, and Atlantic oceans. Metropolitan France... , Germany Germany Germany , officially the Federal Republic of Germany , is a federal parliamentary republic in Europe. The country consists of 16 states while the capital and largest city is Berlin. Germany covers an area of 357,021 km2 and has a largely temperate seasonal climate... , Liechtenstein Liechtenstein The Principality of Liechtenstein is a doubly landlocked alpine country in Central Europe, bordered by Switzerland to the west and south and by Austria to the east. Its area is just over , and it has an estimated population of 35,000. Its capital is Vaduz. The biggest town is Schaan... , Luxembourg Luxembourg Luxembourg , officially the Grand Duchy of Luxembourg , is a landlocked country in western Europe, bordered by Belgium, France, and Germany. It has two principal regions: the Oesling in the North as part of the Ardennes massif, and the Gutland in the south... , Monaco Monaco Monaco , officially the Principality of Monaco , is a sovereign city state on the French Riviera. It is bordered on three sides by its neighbour, France, and its centre is about from Italy. Its area is with a population of 35,986 as of 2011 and is the most densely populated country in the... , Switzerland Switzerland Switzerland name of one of the Swiss cantons. ; ; ; or ), in its full name the Swiss Confederation , is a federal republic consisting of 26 cantons, with Bern as the seat of the federal authorities. The country is situated in Western Europe,Or Central Europe depending on the definition.... , United Kingdom United Kingdom The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages... |
Croatia Croatia Croatia , officially the Republic of Croatia , is a unitary democratic parliamentary republic in Europe at the crossroads of the Mitteleuropa, the Balkans, and the Mediterranean. Its capital and largest city is Zagreb. The country is divided into 20 counties and the city of Zagreb. Croatia covers ... (English English language English is a West Germanic language that arose in the Anglo-Saxon kingdoms of England and spread into what was to become south-east Scotland under the influence of the Anglian medieval kingdom of Northumbria... ), Denmark Denmark Denmark is a Scandinavian country in Northern Europe. The countries of Denmark and Greenland, as well as the Faroe Islands, constitute the Kingdom of Denmark . It is the southernmost of the Nordic countries, southwest of Sweden and south of Norway, and bordered to the south by Germany. Denmark... (English), Finland Finland Finland , officially the Republic of Finland, is a Nordic country situated in the Fennoscandian region of Northern Europe. It is bordered by Sweden in the west, Norway in the north and Russia in the east, while Estonia lies to its south across the Gulf of Finland.Around 5.4 million people reside... (English) (for European patents granted with effect for Finland on or after 1 November 2011), Hungary Hungary Hungary , officially the Republic of Hungary , is a landlocked country in Central Europe. It is situated in the Carpathian Basin and is bordered by Slovakia to the north, Ukraine and Romania to the east, Serbia and Croatia to the south, Slovenia to the southwest and Austria to the west. The... (English), Iceland Iceland Iceland , described as the Republic of Iceland, is a Nordic and European island country in the North Atlantic Ocean, on the Mid-Atlantic Ridge. Iceland also refers to the main island of the country, which contains almost all the population and almost all the land area. The country has a population... (English), Netherlands Netherlands The Netherlands is a constituent country of the Kingdom of the Netherlands, located mainly in North-West Europe and with several islands in the Caribbean. Mainland Netherlands borders the North Sea to the north and west, Belgium to the south, and Germany to the east, and shares maritime borders... (English), Sweden Sweden Sweden , officially the Kingdom of Sweden , is a Nordic country on the Scandinavian Peninsula in Northern Europe. Sweden borders with Norway and Finland and is connected to Denmark by a bridge-tunnel across the Öresund.... (English) |
Latvia Latvia Latvia , officially the Republic of Latvia , is a country in the Baltic region of Northern Europe. It is bordered to the north by Estonia , to the south by Lithuania , to the east by the Russian Federation , to the southeast by Belarus and shares maritime borders to the west with Sweden... , Lithuania Lithuania Lithuania , officially the Republic of Lithuania is a country in Northern Europe, the biggest of the three Baltic states. It is situated along the southeastern shore of the Baltic Sea, whereby to the west lie Sweden and Denmark... , Slovenia Slovenia Slovenia , officially the Republic of Slovenia , is a country in Central and Southeastern Europe touching the Alps and bordering the Mediterranean. Slovenia borders Italy to the west, Croatia to the south and east, Hungary to the northeast, and Austria to the north, and also has a small portion of... |
Croatia (Croatian Croatian language Croatian is the collective name for the standard language and dialects spoken by Croats, principally in Croatia, Bosnia and Herzegovina, the Serbian province of Vojvodina and other neighbouring countries... ), Denmark (Danish Danish language Danish is a North Germanic language spoken by around six million people, principally in the country of Denmark. It is also spoken by 50,000 Germans of Danish ethnicity in the northern parts of Schleswig-Holstein, Germany, where it holds the status of minority language... ), Finland (Finnish Finnish language Finnish is the language spoken by the majority of the population in Finland Primarily for use by restaurant menus and by ethnic Finns outside Finland. It is one of the two official languages of Finland and an official minority language in Sweden. In Sweden, both standard Finnish and Meänkieli, a... ) (for European patents granted with effect for Finland on or after 1 November 2011), Hungary (Hungarian Hungarian language Hungarian is a Uralic language, part of the Ugric group. With some 14 million speakers, it is one of the most widely spoken non-Indo-European languages in Europe.... ), Iceland (Icelandic Icelandic language Icelandic is a North Germanic language, the main language of Iceland. Its closest relative is Faroese.Icelandic is an Indo-European language belonging to the North Germanic or Nordic branch of the Germanic languages. Historically, it was the westernmost of the Indo-European languages prior to the... ), Latvia (Latvian Latvian language Latvian is the official state language of Latvia. It is also sometimes referred to as Lettish. There are about 1.4 million native Latvian speakers in Latvia and about 150,000 abroad. The Latvian language has a relatively large number of non-native speakers, atypical for a small language... ), Lithuania (Lithuanian Lithuanian language Lithuanian is the official state language of Lithuania and is recognized as one of the official languages of the European Union. There are about 2.96 million native Lithuanian speakers in Lithuania and about 170,000 abroad. Lithuanian is a Baltic language, closely related to Latvian, although they... ), Netherlands (Dutch Dutch language Dutch is a West Germanic language and the native language of the majority of the population of the Netherlands, Belgium, and Suriname, the three member states of the Dutch Language Union. Most speakers live in the European Union, where it is a first language for about 23 million and a second... ), Slovenia (Slovenian Slovenian language Slovene or Slovenian is a South Slavic language spoken by approximately 2.5 million speakers worldwide, the majority of whom live in Slovenia. It is the first language of about 1.85 million people and is one of the 23 official and working languages of the European Union... ), Sweden (Swedish Swedish language Swedish is a North Germanic language, spoken by approximately 10 million people, predominantly in Sweden and parts of Finland, especially along its coast and on the Åland islands. It is largely mutually intelligible with Norwegian and Danish... ) |
The Agreement applies to European patents granted on or after 1 May 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. 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. A new implementation bill was then published on 11 July 2008. The old translation requirements are no longer applicable in Germany retroactively
Ex post facto law
An ex post facto law or retroactive law is a law that retroactively changes the legal consequences of actions committed or relationships that existed prior to the enactment of the law...
as of 1 May 2008.
On April 14, 2010, the Court of Appeal of Paris, France, issued 24 similar court decisions, holding that, since France has ratified the London Agreement, no translation in French needed to be filed at the French Patent Office (INPI) with respect of European patents maintained as amended after opposition proceedings
Opposition procedure before the European Patent Office
The opposition procedure before the European Patent Office is a post-grant, contentious, inter partes, administrative procedure intended to allow any European patent to be centrally opposed...
, and that this applied also to European patents for which the mention of grant has been published prior to the entry into force of the London Agreement.
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 ParisParis
Paris is the capital and largest city in France, situated on the river Seine, in northern France, at the heart of the Île-de-France region...
at the invitation of the French government. The conference adopted a mandate
Mandate (international law)
In international law, a mandate is a binding obligation issued from an inter-governmental organization like the United Nations to a country which is bound to follow the instructions of the organization....
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. The first working party eventually led to the London Agreement while the second led to the proposed European Patent Litigation Agreement
European Patent Litigation Agreement
The draft European Patent Litigation Agreement , or formally the Draft Agreement on the establishment of a European patent litigation system, is a proposed patent law agreement aimed at creating an "optional protocol to the European Patent Convention which would commit its signatory states to an...
. 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". The name "London Protocol" is sometimes used to refer to the London Agreement, because the initial mandate mentioned a Protocol, rather than an Agreement.
Munich
Munich The city's motto is "" . Before 2006, it was "Weltstadt mit Herz" . Its native name, , is derived from the Old High German Munichen, meaning "by the monks' place". The city's name derives from the monks of the Benedictine order who founded the city; hence the monk depicted on the city's coat...
, Germany
Germany
Germany , officially the Federal Republic of Germany , is a federal parliamentary republic in Europe. The country consists of 16 states while the capital and largest city is Berlin. Germany covers an area of 357,021 km2 and has a largely temperate seasonal climate...
, Angela Merkel
Angela Merkel
Angela Dorothea Merkel is the current Chancellor of Germany . Merkel, elected to the Bundestag from Mecklenburg-Vorpommern, has been the chairwoman of the Christian Democratic Union since 2000, and chairwoman of the CDU-CSU parliamentary coalition from 2002 to 2005.From 2005 to 2009 she led a...
said that she and German Justice Minister Brigitte Zypries
Brigitte Zypries
Brigitte Zypries is a German politician. She was Federal Minister of Justice of Germany from 2002 to 2009. She is member of the Social Democratic Party of Germany .- Career :...
would fight to see the London Agreement realised. She called the London Agreement "an important step in the right direction".
This agreement was signed
Signature
A signature is a handwritten depiction of someone's name, nickname, or even a simple "X" that a person writes on documents as a proof of identity and intent. The writer of a signature is a signatory. Similar to a handwritten signature, a signature work describes the work as readily identifying...
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
Ratification
Ratification is a principal's approval of an act of its agent where the agent lacked authority to legally bind the principal. The term applies to private contract law, international treaties, and constitutionals in federations such as the United States and Canada.- Private law :In contract law, the...
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
Vienna Convention on the Law of Treaties
The Vienna Convention on the Law of Treaties is a treaty concerning the international law on treaties between states. It was adopted on 22 May 1969 and opened for signature on 23 May 1969. The Convention entered into force on 27 January 1980. The VCLT has been ratified by 111 states as of November...
(accession is also taken into account for the entry into force of the agreement). Sweden ratified on 29 April 2008.
Since France deposited its instruments of ratification on 29 January 2008, the agreement entered into force on 1 May 2008.
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
French National Assembly
The French National Assembly is the lower house of the bicameral Parliament of France under the Fifth Republic. The upper house is the Senate ....
and the French Senate
French Senate
The Senate is the upper house of the Parliament of France, presided over by a president.The Senate enjoys less prominence than the lower house, the directly elected National Assembly; debates in the Senate tend to be less tense and generally enjoy less media coverage.-History:France's first...
to adopt the Agreement, the approval by the French Constitutional Council, the announcement in August 2007 by the new Prime Minister François Fillon
François Fillon
François Charles Armand Fillon is the Prime Minister of France. He was appointed to that office by President Nicolas Sarkozy on 17 May 2007. He served initially until 13 November 2010 when he resigned from being prime minister before a planned cabinet reshuffle.On 14 November 2010, Sarkozy...
that the London Agreement would soon be ratified, the approval by the French Council of Ministers
Government of France
The government of the French Republic is a semi-presidential system determined by the French Constitution of the fifth Republic. The nation declares itself to be an "indivisible, secular, democratic, and social Republic"...
, and eventually the adoption by the National Assembly and the Senate of the ratification act on 26 September 2007 and on 9 October 2007 respectively.
External links
- London Agreement on the European Patent OfficeEuropean Patent OfficeThe European Patent Office is one of the two organs of the European Patent Organisation , the other being the Administrative Council. The EPO acts as executive body for the Organisation while the Administrative Council acts as its supervisory body as well as, to a limited extent, its legislative...
website - London Agreement on the UK Intellectual Property Office web site
- London Agreement at the Swiss Federal Institute of Intellectual PropertySwiss Federal Institute of Intellectual PropertyThe Swiss Federal Institute of Intellectual Property is the federal agency in charge of intellectual property matters in Switzerland. Its seat is in Bern...
- London Agreement at the Danish Patent and Trademark Office
- The London Agreement. UK Patent Office Consultation. (pdf) drafted by the Chartered Institute of Patent AttorneysChartered Institute of Patent AttorneysThe Chartered Institute of Patent Attorneys is the British professional body of patent attorneys. It was founded in 1882 as the Chartered Institute of Patent Agents and incorporated by Royal Charter in 1891...
(CIPA)