The London Agreement - Lost in Translation?

Some SME's may have heard of the London Agreement but may not be fully aware of its effects on the requirement to file translations of European patents

The cost of filing translations represents approximately 25% of the cost of obtaining a European patent for your invention. For a typical European patent the cost is around 7000 Euros. An agreement which affects the requirement to provide translations of European patents was reached in London in 2000 with the aim of halving translation costs (the London Agreement).

The London Agreement came into force on 1 May 2008 when translation requirements were reduced or removed for the fourteen countries which have signed up to the London Agreement. These countries are: Croatia, Denmark, France, Germany, Iceland, Latvia, Liechtenstein, Luxembourg, Monaco, Netherlands, Slovenia, Sweden, Switzerland, and the United Kingdom.

What does the London Agreement mean to me?

There are two ways in which the London Agreement could affect you:

As a proprietor of a European patent

Before the London Agreement came into force you had to file translations of your European patent before that patent entered into force in the countries in which you had asked for it to be effective. As of 1 May 2008, when the London Agreement came into force, you no longer need to file such translations or need to file a reduced number of translations depending on each country's requirements. (Countries not having an official language in common with the official languages of the European Patent Office may still require a translation into their official language). This change is expected to save about half the cost of filing translations associated with European patents saving British businesses an estimated £10 million a year.

When assessing European patents published in French or German

For a European patent to enter into force in the UK a patent proprietor will not need to file an English translation of their patent if it is published in French or German. This applies to European Patents (UK) granted from 1 February 2008 because the patent proprietor can take advantage of the three month period which he is given in which to file the translation. European patents will therefore be in force in the UK which will have a French or a German description with no English translation. However, the claims (which define the invention) will still be available in English and the evidence shows that only a very small number of translations filed with the UK Intellectual Property Office were ever consulted. Since a translation is required if infringement or revocation proceedings in relation to such a European Patent are started, any increased burden in this area is expected to be greatly outweighed by the reduction in overall translation costs to business.

The anticipated reduction in cost to British business means that innovative UK companies will find it easier to protect their ideas and market new inventions, benefiting consumers and the economy alike.

Further information on The London Agreement, including guidance notes, can be found on the UK Intellectual Property Office website. Key points on the agreement can be found and on the European Patent Office website.