Intellectual Property

Agreement on translations (formally the agreement on application of article 65 of the European Patent Convention) also known as the "London Agreement"

This agreement PDF document(19Kb) aims to reduce the cost to applicants of the patent system, by reducing the requirements to file translations of granted patent applications under the European Patent Convention in designated states. To date the agreement has been ratified by Denmark, Germany, Iceland, Latvia, Liechtenstein, Monaco, the Netherlands, Slovenia, Sweden, Switzerland, and the United Kingdom. The Agreement will not come into force until eight EPO Contracting States, including France, Germany and the UK have ratified.

On 9 October 2007, the French Senate approved ratification of the London Agreement. Following ratification by France sufficient states will have ratified for the Agreement to enter into force. This will occur three months following deposit of the official instrument of ratification by the French government, and could take place in early 2008.

The London Agreement is expected to significantly reduce the cost of applying for patents through the European Patent Office, by almost halving current translation costs associated with European patents. All states which have ratified the Agreement have agreed to forego full translations of patents granted by the European Patent Office, which are currently required by most states. Instead, London Agreement states will recognise patents with descriptions in one of the three official languages of the EPO (English, French or German), and may still require that the patent claims, which define the scope of the protected invention, are translated into their national language.

The EPO forecasts that translation costs, which currently account for 25% of the cost of a European patent application, will be reduced by 45%. UK businesses are estimated to save £10 million every year by not having to file unnecessary patent translations. Savings of over €200 million per year for all business are estimated, with savings increasing for each further country to ratify the Agreement.

History

  • Paris Intergovernmental Conference in June 1999 mandated the Working Party on Cost Reduction to find ways of reducing translation related costs by 50%.
  • Agreement on translations adopted at the second intergovernmental conference in London, October 2000 and signed by 8 of the contracting States: Denmark, Germany, Liechtenstein, Monaco, Netherlands, Sweden, Switzerland and UK.
  • On 29 June 2001 France signed the Agreement on translations sending a positive signal towards ratification.
  • A consultation on the form of ratification PDF document(285Kb) was launched in August 2004.
  • Text of the agreement PDF document(19Kb) has been published by HMSO as a Command Paper in the Miscellaneous series.
  • Secondary legislation to amend the UK Patents Act 1977 was the subject of a consultation PDF document(285Kb) in Autumn 2004. The government published its response in March 2005.
  • The result is the Patents (Translation) Rules 2005 PDF document(16Kb). Guidance notes PDF document(23Kb) are available.
  • In France, on 26 September 2007, the National Assembly voted to ratify the London Agreement. This was followed on 9 October 2007 by a vote by the Senate, which also voted in favour of ratification.
  • The Agreement is now expected to enter into force in early 2008, three months after formal ratification by the French government.