French Senate’s ‘Oui’ on London Agreement could lead to a cut in European patent translation costs of up to EUR 30,000

Published: 10 October 2007
By: Peter Prowse

In a move hailed by British patent attorneys as ‘the breakthrough that will lead to a big cut in the cost of getting a patent in Europe,’ France’s Senate yesterday (Tuesday 9 October 2007) endorsed last week’s decision by the Assemblée Nationale to ratify the October 2000 London Agreement on patents. This means that from early 2008, full translations of applications filed in English will not be required to bring European patents into force in the largest European countries. The decision is also a major step towards completely removing the need for translations of granted European patents into up to 22 languages, which can currently cost up to €30,000.

Robert Weston, President of the UK’s Chartered Institute of Patent Attorneys, hailed the French Senate’s vote as a watershed in reducing costs for British companies. “Businesses here will no longer be put off by the high cost of getting patent protection throughout Europe. France’s decision also means that other member states of the European Patent Convention that have not ratified the London Agreement are likely to come under pressure to sign. When they do, it will mean that a single application, made in just one language, will give patent protection in a market of over 300 million consumers. This will put Europe in a similar to the situation for patenting costs that American companies have enjoyed for decades.

“We now have agreement across eleven member states,” he continued. “For it to come into effect, the London Agreement required ratification by eight states, to include the UK, France and Germany, so the French decision now puts us in a position where translations will not be needed in the major economies of Europe. This is particularly welcome news for small and medium-sized businesses, as it will reduce the average cost of getting European patent protection by more than €7,000.”

Under the existing European patent system, an applicant can get a patent by filing a single application in any of the three official languages of the European Patent Office (English, French and German). Once the patent is granted, it has been the patent owner’s responsibility to determine its geographic scope by having the patent validated in one or more of the 32 member states. Until now, the European patent has had to be translated into the official language of each state in which protection was sought. For anybody wanting protection in all 32 members of the European Patent Convention, this would involve translating their patent into 22 languages at a cost of over €30,000. In practice, European patents have been validated in an average of seven states, requiring translation into five languages at a cost of at least €7,000.

For further information, contact:

Peter Prowse  Tel: 01372 271234, mobile: 07973 213039, or
Ted Blake   Tel: 020 7405 9450
Nicholas Pope, CIPA Tel: 020 7405 9450

Background

European patents and the London Agreement

In June 1999, France convened an intergovernmental conference of the member states of the European Patent Organisation. One of its aims was to reduce the cost of European patents. This conference laid the groundwork for the London Agreement which was concluded in October 2000.

Under Article 1 of the Agreement, any state having English, French or German as an official language agrees to dispense with the translation requirements. This provision affects Austria, Belgium, France, Germany, Ireland, Luxembourg, Monaco, Switzerland and the United Kingdom. Under the Agreement, these states agree to dispense with the translation of the description and the legends accompanying drawings into their national language when the language of the proceedings before the European Patent Office is not their national language. However, the claims will always be available in the three EPO languages.

Only eight states (including France, Germany and the United Kingdom) need to ratify or accede to it. This means that the Agreement does not have to be ratified by all member states of the European Patent Organisation.

In July 2006, the Parliaments of ten states – Denmark, Germany, Iceland, Latvia, Monaco, Slovenia, Switzerland, the Netherlands, Sweden and the United Kingdom – had approved the Agreement.
 
According to the EPO's own Figures about a quarter of the total lifetime cost of a European patent is at the validation stage. Without the cost of translations, this will be significantly reduced, making European patents much more attractive for all applicants and more competitive relative to US patents.
 
The countries that have approved the agreement account for 55 per cent (7.8 trillion US dollars) of the GDP of the contracting states of the European Patent Convention (the EU plus Turkey, Switzerland, Liechtenstein and Monaco), which puts the value of the agreement into economic perspective. It is likely that countries such as Italy and Spain will come under pressure to accept the agreement.

Issued by:

The Chartered Institute of Patent Attorneys
95 Chancery Lane
London
WC2A 1DT

www.cipa.org.uk