Albania (AL)

VALIDATION REQUIREMENTS:

• Translation of the claims in Albanian should be filed within three months from the European granting date.
• Extension of this term is not possible.
• Restoration is not possible.

GOVERNMENT FEE:

• Filing fee: N/A

POWER OF ATTORNEY:

• A PoA is needed. General PoAs are not accepted. The POA should be specific for each application. The Power of Attorney should have a company stamp or seal to be valid. Alternatively the Power of Attorney should be notarized.

EPO INFORMATION:

http://www.epo.org/patents/law/legal-texts/html/natlaw/en/iv/al.htm

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Austria (AT)

VALIDATION REQUIREMENTS:

• Translation of the description and of the claims in German should be filed within three months from the European granting date.
• Extension of this term is not possible.
• Restoration is possible within two months from due date but no later than 12 months from the expiration term.

GOVERNMENT FEE:

• Filing fee: EUR 150
• Additional page fee: EUR 130 for every 15 pages following the 16th page of the translation

POWER OF ATTORNEY:

• A PoA is needed.
• VALIPAT recommends its clients to prepare a general PoA form. This will simplify the administrative procedure for future cases of the same patent owner.

EPO INFORMATION:

http://www.epo.org/patents/law/legal-texts/html/natlaw/en/iv/at.htm

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Belgium (BE)

VALIDATION REQUIREMENTS:

• Translation of the description and of the claims in Dutch or French should be filed within three months from the European granting date.
• Extension is not possible.
• Restoration is not possible.

GOVERNMENT FEE:

• No filing fee.
• No additional page fee.
• No additional claim fee.

POWER OF ATTORNEY:

• A POA is needed.
• ValiPat recommends that you request that we prepare a general POA form. This will simplify your administrative procedure for future cases of the same patent owner.

Validation of European Patents in Belgium
What should be translated? Which language should be used?
The legal situation
An outline by GEVERS & VANDER HAEGHEN
Belgian, Dutch and European Patent Attorneys

• The Belgian Federal law dated 8 July 1977 organises the validation of European patents in Belgium.
  The Belgian Federal law dated 21 April 2007 organizes the status of the German language in Belgium for European Patents filed as of 13 December 2007.
  A communication dated 16 December, 2008 issued by the Belgian Patent Office supplements and clarifies the Belgian Federal law dated 21 April 2007.

From these three texts, we conclude that:
• For European patents filed after 12 December, 2007:
• If they have German as procedure language, a translation should no longer be filed, and
• If they have English as procedure language, a translation must be filed in Dutch, French or German.
• For European patents with a filing date earlier than 13 December 2007, the legal uncertainty remains regarding German.
Indeed, the communication dated 16 December, 2008 confirms the footnote that was published on page 320 of the Official Journal EPO 5/1999 under the heading “Information from the contracting states” which reads:
“ …. It is for the Belgian courts to decide on the validity in Belgium of European patents which have not been translated into French or Dutch.”

As no court decision has yet been issued on this particular problem, it is advisable, if protection in Belgium is required, to validate all European patents in English or German by filing a translation into Dutch or French.

Validation of European Patents in Belgium
What should be translated? Which language should be used?
A practical approach by VALIPAT SA
Preliminary Remarks
1. Belgium is the country which, by far, offers the most options for validating a granted European patent. If you do not specify in which language you want VALIPAT to translate, we will use the following guidelines and recommend that, if you make the decision, you be inspired by the explanation below.
2. Validation in Belgium is obtained by filing a translation of the description, claims and drawings (if any). The translation must be filed within a non extendable period of 3 months after the granting date of the European patent. A power of attorney should be filed simultaneously, but may be filed up to 2 months thereafter.
3. We will not consider here European patents with French as the language of procedure or European patents which have a European filing date after 12 December 2007 with German as the language of procedure since they do not need to be validated. Representation may however be arranged.
4. Please note that our ’per 100 words’ translation charges are identical whether we translate into Dutch, French or German. In addition our translation charges compare favourably with those of others since we count the words of the original text and not in the target language. Usually, text expansion is a natural tendency of translators.
5. This outline is drafted in view of the attached note prepared by our Patent attorneys in Belgium: GEVERS & VANDER HAEGHEN.
6. To choose which option is best for you, please consider the following parameters:
• Has the European Patent been filed before, or on or after 13 December 2007?
• Is the language of the procedure of the European Patent English or German?
And also:
• Do you want to validate the patent also in the Netherlands and/or Austria?
• Are you prepared to take some legal risks in order to make some financial savings? We assume you are not.

If the language of the European procedure is English and the European filing date is
before 13 December 2007.
When should Dutch be preferred?
If you validate the patent also in the Netherlands, the most efficient and the cheapest way is to ask VALIPAT to take care of the validation of the patent simultaneously in both countries. We will only count one full translation into Dutch of the description and claims, one administrative fee only, and the Dutch official validation fee. The saving, compared to ordering two validations to two different firms, is usually between 500 and 1000 EUR.
When should French be preferred?
If you do not want VALIPAT to validate the patent in Belgium and the Netherlands using the same Dutch translation our recommendation is to validate in Belgium using a French translation. Indeed, since the claims will have to be translated into French for the EPO, the translation cost for Belgium will be limited to the translation of the description into French, while if Dutch would be used, a translation of the description and claims in Dutch would be needed.
When should German be preferred?
If your European patent application was filed before 13 December 2007 we cannot recommend that you use a German translation (see the enclosed note drafted by our patent attorneys in Belgium: GEVERS & VANDER HAEGHEN). However, since the Belgian Patent Office accepts translations into German for European patents having English as procedure language, we will file a German translation if specifically requested by you and at your own risk.

If the language of the European procedure is English and the European filing date is
after12 December 2007.
When should German be preferred?
If a European patent application was filed after 12 December 2007 and if it is also to be validated in Austria, the most efficient and the cheapest way is to ask VALIPAT to take care of the validation of the patent simultaneously in both countries. We will only count one full translation into German of the description and claims, (or of the description only, if we can use the German translation of the claims as filed with the EPO) a reduced administrative fee, and the Austrian official validation fee. The saving, compared to ordering two validations to two different firms, is usually between 500 and 1000 EUR.
When should Dutch or French be preferred?
If German is not preferred, for example because no validation is required in Austria, the guidelines stated above remain valid in making your choice between Dutch and French.

If the language of the European procedure is German and the European filing date is
before 13 December 2007.
The Belgian law is ambiguous on the exact status of the German language for European patents having a European filing date before 13 December 2007. Therefore the Belgian Patent Office has decided to accept renewal fees for European patents granted in German and which have not been the subject of a validation by filing a translation into Dutch or French. Not filing a translation into Dutch or French is a risky practice as explained in the enclosed note by GEVERS & VANDER HAEGHEN.
It is therefore advisable to validate in Belgium each European patent granted in German by filing a translation into Dutch or French until a decision on this issue is rendered by a Belgian Court.
Conclusion
If you order all your validations for Austria, Belgium and the Netherlands to VALIPAT, we will always choose for your cases the safest and the least expensive route.

29 January 2009

EPO INFORMATION:

http://www.epo.org/patents/law/legal-texts/html/natlaw/en/iv/be.htm

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Bosnia and Herzegovina (BA)

VALIDATION REQUIREMENTS:

• Translation of the claims in Bosnian should be filed within three months from the European granting date.
• Extension of this term is not possible.
• Restoration is possible within eight days from the day on which the circumstances which caused the delay ceased to exist and at the latest within 3 months from the missed deadline.

GOVERNMENT FEE:

• Filing fee: Not yet approved by local authorities
• Additional page fee: Not yet approved by local authorities
• Additional claim fee : Not yet approved by local authorities

POWER OF ATTORNEY:

• A PoA is needed.
• VALIPAT recommends its clients to prepare a general PoA form. This will simplify the administrative procedure for future cases of the same patent owner.

EPO INFORMATION:

http://www.epo.org/patents/law/legal-texts/html/natlaw/en/iv/ba.htm

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Bulgaria (BG)

VALIDATION REQUIREMENTS:

• Translation of the description and of the claims in Bulgarian should be filed within three months from the European granting date.
• Extension is not possible.
• Restoration is possible within three months following the failure date, but no later than one year after the expiration of the exceeded time limit (complicated procedure, rare practice of the BPO).

GOVERNMENT FEE:

• Filing fee: EUR 75.00
• Additional page fee: EUR 7.00 per page in excess of 10
• No additional claim fee.

POWER OF ATTORNEY:

• A POA is needed.
• Val€Pat recommends that you request that we prepare a general POA form. This will simplify your administrative procedure for future cases of the same patent owner.

EPO INFORMATION:

http://www.epo.org/patents/law/legal-texts/html/natlaw/en/iv/bg.htm

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Croatia (HR)

VALIDATION REQUIREMENTS:

• Translation of the description and of the claims in Croatian should be filed within three months from the European granting date.
• Extension of this term is not possible.
• Restoration is not possible.

GOVERNMENT FEES:

• Filing fee: EUR 72
• No additional page fee
• No additional claim fee

POWER OF ATTORNEY (POA)

• A PoA is needed.
• VALIPAT recommends its clients to prepare a general PoA form. This will simplify the administrative procedure for future cases of the same patent owner.

EPO INFORMATION:

http://www.epo.org/patents/law/legal-texts/html/natlaw/en/iv/hr.htm

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Cyprus (CY)

VALIDATION REQUIREMENTS:

• Translation of the description and of the claims in Greek should be filed within three months from the European granting date.
• Extension of this term is not possible.
• Restoration is possible within 12 months from the expiry of grace which is 6 months.

GOVERNMENT FEE:

• Filing fee: EUR 92
• No additional page fee
• No additional claim fee.

POWER OF ATTORNEY:

• A PoA is needed.
  VALIPAT recommends its clients to prepare a general PoA form. This will simplify the administrative procedure for future cases of the same patent owner.

EPO INFORMATION:

ttp://www.epo.org/patents/law/legal-texts/html/natlaw/en/iv/cy.htm

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Czech Republic (CZ)

VALIDATION REQUIREMENTS:

• Translation of the description and of the claims in Czech should be filed within three months from the European granting date for the standard filing fee or in the additional three month term (six months from the European granting date) for the increased filing fee.
• No restoration is possible after expiration of the six month term.

GOVERNMENT FEE:

• Filing fee: EUR 87.00 in the three month term
• Filing fee: EUR 130.00 in the additional three month term
• No additional page fee
• No additional claim fee

POWER OF ATTORNEY:

• A PoA is needed.
• VALIPAT recommends its clients to prepare a general PoA form. This will simplify the administrative procedure for future cases of the same patent owner.

EPO INFORMATION:

http://www.epo.org/patents/law/legal-texts/html/natlaw/en/iv/cz.htm

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Denmark (DK)

VALIDATION REQUIREMENTS:

• Translation of the claims in Danish should be filed within three months from the European granting date.

Other parts of the Euro­pean patent must be supplied in Danish or English. Therefore, if the European patent has been granted in French or German, a translation into English or Danish must be supplied under the conditions provided for in Art. 65(1) EPC.

• Extension of this term is not possible.
• Restoration is possible within term set in EPC rules

GOVERNMENT FEE:

• Filing fee: DKK 1050 (+/- EUR 141)
• Additional page fee : DKK 80 (+/- EUR 11) per pages above 35
• Additional claim fee : none

POWER OF ATTORNEY:

• A PoA is not needed.

EPO INFORMATION:

http://www.epo.org/patents/law/legal-texts/html/natlaw/en/iv/dk.htm

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Estonia (EE)

VALIDATION REQUIREMENTS:

• Translation of the description and of the claims in Estonian should be filed within three months from the European granting date.
• Extension of this term is possible within additionally two months.
• Restoration is not possible.

GOVERNMENT FEE:

• Filing fee: EUR 45
• Extension fee: EUR 35
• No additional page fee
• No additional claim fee

POWER OF ATTORNEY:

• A PoA is needed.
• VALIPAT recommends its clients to prepare a general PoA form. This will simplify the administrative procedure for future cases of the same patent owner.

EPO INFORMATION:

http://www.epo.org/patents/law/legal-texts/html/natlaw/en/iv/ee.htm

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Finland (FI)

VALIDATION REQUIREMENTS:

• Translation of the description and of the claims in Finnish should be filed within three months from the European granting date.
• Extension of this term is not possible.

GOVERNMENT FEE:

• Filing fee: EUR 300
• No additional page fee
• No additional claim fee

POWER OF ATTORNEY:

• A PoA is needed.
• VALIPAT recommends its clients to use a general PoA form. This will simplify the administrative procedure for future cases of the same patent owner.

EPO INFORMATION:

http://www.epo.org/patents/law/legal-texts/html/natlaw/en/iv/fi.htm

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France (FR)

VALIDATION REQUIREMENTS:

• France has ratified the London Protocol and has an official language in common with one of the official languages of the EPO. There is no more translation requirements under Article 65(1) EPC (Article 1(1) of the London Agreement). For more information see http://www.epo.org/patents/law/legal-texts/london-agreement/key-points.html

GOVERNMENT FEE:

• Filing fee: N/A

REPRESENTATION

• In countries where no translation is to be filed in order to obtain protection, you may request that VALIPAT represent (for a very low fee) the patent owner at the national Patent Offices of the countries in which you plan to pay annuities. Such annuities will be paid through your normal channels, but any communication relating to them from the Patent Offices concerned (such as a communication about the non-payment of an annuity) will be transmitted to you by VALIPAT.

POWER OF ATTORNEY:

• A PoA is not needed.

EPO INFORMATION:

http://www.epo.org/patents/law/legal-texts/html/natlaw/en/iv/fr.htm

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Germany (DE)

VALIDATION REQUIREMENTS:

• Germany has ratified the London Protocol and has an official language in common with one of the official languages of the EPO. There is no more translation requirements under Article 65(1) EPC (Article 1(1) of the London Agreement). For more information see http://www.epo.org/patents/law/legal-texts/london-agreement/key-points.html

GOVERNMENT FEE:

• Filing fee: N/A

REPRESENTATION

• In countries where no translation is to be filed in order to obtain protection, you may request that VALIPAT represent (for a very low fee) the patent owner at the national Patent Offices of the countries in which you plan to pay annuities. Such annuities will be paid through your normal channels, but any communication relating to them from the Patent Offices concerned (such as a communication about the non-payment of an annuity) will be transmitted to you by VALIPAT.

POWER OF ATTORNEY:

• A PoA is needed.

EPO INFORMATION:

http://www.epo.org/patents/law/legal-texts/html/natlaw/en/iv/de.htm

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Greece (GR)

VALIDATION REQUIREMENTS:

• Translation of the description and of the claims in Greek should be filed within three months from the European granting date.
• Extension of this term is not possible.
• Restoration is not possible.

GOVERNMENT FEE:

• Filing fee: EUR 354
• No additional page fee.
• No additional claim fee.

POWER OF ATTORNEY:

• A PoA is needed.
• VALIPAT recommends its clients to prepare a general PoA form. This will simplify the administrative procedure for future cases of the same patent owner.

EPO INFORMATION:

http://www.epo.org/patents/law/legal-texts/html/natlaw/en/iv/gr.htm

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Hungary (HU)

VALIDATION REQUIREMENTS:

• Translation of the description and of the claims in Hungarian should be filed within three months from the European granting date.
• Extension of this term is not possible.
• Please note that there is a special legal possibility of extending the term for the national validation in Hungary by 3 months against a late filing surcharge of EUR 288 (EUR 223 official fee + EUR 65 service charge)
• Under special circumstances it might be possible to file a request for restitution in integrum if the failure to comply with the national validation within the above-indicated extended term occurred through no fault of the party. According to the Patent Act the request for restitutio in integrum shall only be admissible within 12 months of the time limit not complied with, but this petition should be filed at the latest within 2 months counted from the date of the detection of the fault.

GOVERNMENT FEE:

• Filing fee: EUR 90
• Additional page fee: EUR 14 per page above 5
• No additional claim fee

POWER OF ATTORNEY:

• A PoA is needed.
• VALIPAT recommends its clients to use a general PoA form. This will simplify the administrative procedure for future cases of the same patent owner.

EPO INFORMATION:

http://www.epo.org/patents/law/legal-texts/html/natlaw/en/iv/hu.htm

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Iceland (IS)

VALIDATION REQUIREMENTS:

• A translation of the claims into Icelandic must be supplied under the conditions provided for in Article 65(1) EPC and other parts of the European patent must be supplied in Icelandic or English under the conditions provided for in Article 65(1) EPC within four months from the European granting date.
• Extension of this term is not possible.

GOVERNMENT FEE:

• Filing fee: EUR 130

POWER OF ATTORNEY:

• A PoA is not needed.

EPO INFORMATION:

http://www.epo.org/patents/law/legal-texts/html/natlaw/en/iv/is.htm

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Ireland (IE)

VALIDATION REQUIREMENTS:

• Translation of the description and of the claims in English should be filed within six months from the European granting date.
• Extension of this term is possible if applied for in advance.
• Restoration is not possible

GOVERNMENT FEE:

• Filing fee: EUR 35
• No additional page fee.
• No additional claim fee.

POWER OF ATTORNEY:

• A PoA is needed.
• VALIPAT recommends its clients to prepare a general PoA form. This will simplify the administrative procedure for future cases of the same patent owner.

EPO INFORMATION:

http://www.epo.org/patents/law/legal-texts/html/natlaw/en/iv/ie.htm

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Italy (IT)

VALIDATION REQUIREMENTS:

• Translation of the description and of the claims in Italian should be filed within three months from the European granting date.
• Extension of this term is not possible.
• Restoration is possible : Within two months from the removal of the cause of non-compliance with the time limit the omitted act must be complied with and an application for restitutio must be filed stating facts and grounds which it relies on, and proper documentation. The application is not receivable if a year is elapsed from the expiry of the unobserved time limit.

GOVERNMENT FEE:

• Filing fee: EUR 73
• No additional page fee.
• No additional claim fee.

POWER OF ATTORNEY:

• A PoA is needed. General PoAs must be legalized by apostille.

EPO INFORMATION:

http://www.epo.org/patents/law/legal-texts/html/natlaw/en/iv/it.htm

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Latvia (LV)

VALIDATION REQUIREMENTS:

• Translation of the claims in Latvian should be filed within three months from the European granting date.
• Extension of this term is not possible.

GOVERNMENT FEES:

• Filing fee: EUR 245
• Additional page fee: EUR 5 per page above 10
• Additional claim fee: EUR 22 per claim above 10

POWER OF ATTORNEY (POA)

• A PoA is needed.
• VALIPAT recommends its clients to prepare a general PoA form. This will simplify the administrative procedure for future cases of the same patent owner.

EPO INFORMATION:

“Click here to access the information published by the European Patent Office regarding validations in Latvia”.

http://www.epo.org/patents/law/legal-texts/html/natlaw/en/iv/lv.htm

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Lithuania (LT)

VALIDATION REQUIREMENTS:

• Translation of the specification and of the claims in Lithuanian should be filed within three months from the European granting date.
• Extension of this term is not possible.
• Restoration is not possible.

GOVERNMENT FEE:

• Filing fee: 50 EUR
• Additional claim fee 12 EUR per claim in excess of 10

POWER OF ATTORNEY:

• A PoA is needed.
• VALIPAT recommends its clients to prepare a general PoA form. This will simplify the administrative procedure for future cases of the same patent owner.

EPO INFORMATION:

“Click here to access the information published by the European Patent Office regarding validations in Lithuania”.

http://www.epo.org/patents/law/legal-texts/html/natlaw/en/iv/lt.htm

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Luxembourg (LU)

VALIDATION REQUIREMENTS:

• Luxembourg has ratified the London Protocol and has an official language in common with one of the official languages of the EPO. There is no more translation requirements under Article 65(1) EPC (Article 1(1) of the London Agreement). For more information see http://www.epo.org/patents/law/legal-texts/london-agreement/key-points.html

GOVERNMENT FEE:

• Filing fee: N/A

REPRESENTATION:

• In countries where no translation is to be filed in order to obtain protection, you may request that VALIPAT represent (for a very low fee) the patent owner at the national Patent Offices of the countries in which you plan to pay annuities. Such annuities will be paid through your normal channels, but any communication relating to them from the Patent Offices concerned (such as a communication about the non-payment of an annuity) will be transmitted to you by VALIPAT.

POWER OF ATTORNEY (for representation):

• A PoA is needed

EPO INFORMATION:

“Click here to access the information published by the European Patent Office regarding validations in Luxembourg”.

http://www.epo.org/patents/law/legal-texts/html/natlaw/en/iv/lu.htm

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Macedonia (MK)

VALIDATION REQUIREMENTS:

• Translation of the decsription and of the claims in Macedonia should be filed within three months from the European granting date.
• Extension of this term is not possible.
• Restoration is possible within eight days from the day on which the circumstances which caused the delay ceased to exist and at the latest within 3 months from the missed deadline.

GOVERNMENT FEE:

• Filing fee: EUR 87
• No additional page fee
• No additional claim fee

POWER OF ATTORNEY:

• A PoA is needed.
• VALIPAT recommends its clients to prepare a general PoA form. This will simplify the administrative procedure for future cases of the same patent owner.

EPO INFORMATION:

“Click here to access the information published by the European Patent Office regarding validations in Macedonia”.

http://www.epo.org/patents/law/legal-texts/html/natlaw/en/iv/mk.htm

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Malta (MT)

VALIDATION REQUIREMENTS:

• A European patent is validated by filing a copy of the granted patent (including specifications, claims, abstract and drawings). If the documents are not in English, an English translation is required. If the English translation is not available, an extension of time of two months for submitting the English version may be filed against a fee. The period for validation is 3 months beginning with the date on which the European Patent Office (EPO) granted the patent.

GOVERNMENT FEE:

• Although the official fees have yet still to be established by the patent office in Malta, it is still possible to validate a European patent in Malta and any validation fees that may be implemented by the office can be paid once these are made official. In this way the time frame for requesting a validation of the European patent in Malta may still be observed. Therefore we will inform you of the costs when this is known.

• “It should be noted that the submission of a validation request is subject to any further charges that may be implemented by this office in due course. You will be kept informed of any additional requirements, including charges that this office may implement in the future.”

• As precautionary measure, Valipat applies the official fee of the national patent application

Filing fee: EUR 120
Additional claim fee: EUR 41 per claim above 10

POWER OF ATTORNEY:

• A PoA is needed.

EPO INFORMATION:

http://www.epo.org/patents/law/legal-texts/html/natlaw/en/iv/mt.htm

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Monaco (MC)

VALIDATION REQUIREMENTS:

• Monaco has ratified the London Protocol and has an official language in common with one of the official languages of the EPO. There is no more translation requirements under Article 65(1) EPC (Article 1(1) of the London Agreement). For more information see http://www.epo.org/patents/law/legal-texts/london-agreement/key-points.html

GOVERNMENT FEE:

• Filing fee: N/A

REPRESENTATION

• In countries where no translation is to be filed in order to obtain protection, you may request that VALIPAT represent (for a very low fee) the patent owner at the national Patent Offices of the countries in which you plan to pay annuities. Such annuities will be paid through your normal channels, but any communication relating to them from the Patent Offices concerned (such as a communication about the non-payment of an annuity) will be transmitted to you by VALIPAT.

POWER OF ATTORNEY (for representation):

• A PoA is needed.

EPO INFORMATION:

“Click here to access the information published by the European Patent Office regarding validations in Monaco”.

http://www.epo.org/patents/law/legal-texts/html/natlaw/en/iv/mc.htm

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Netherlands (NL)

VALIDATION REQUIREMENTS:

• Translation of the claims in Dutch should be filed within three months from the European granting date.

Other parts of the Euro­pean patent must be supplied in Dutch or English. Therefore, if the European patent has been granted in French or German, a translation into English or Dutch must be supplied under the conditions provided for in Art. 65(1) EPC.

• Extension up not possible.
• Restoration is possible but very difficult to obtain.

GOVERNMENT FEE:

• Filing fee: EUR 25.00
• No additional page fee.
• No additional claim fee.

POWER OF ATTORNEY:

• A POA is not needed.

EPO INFORMATION:

“Click here to access the information published by the European Patent Office regarding validations in the Netherlands”.

http://www.epo.org/patents/law/legal-texts/html/natlaw/en/iv/nl.htm

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Norway (NO)

VALIDATION REQUIREMENTS:

• Translation of the description and of the claims in Norwegian should be filed within three months from the European granting date.

GOVERNMENT FEE:

• Filing fee: EUR 140
  *Additional page fee : EUR 35 per pages above 14

POWER OF ATTORNEY:

• A PoA is needed. General PoAs are not accepted. The POA should be specific for each application.

EPO INFORMATION:

“Click here to access the information published by the European Patent Office regarding validations in Portugal”.

http://www.epo.org/patents/law/legal-texts/html/natlaw/en/iv/no.htm

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Poland (PL)

VALIDATION REQUIREMENTS:

• Translation of the description and of the claims in Polish should be filed within three months from the European granting date.
  - Extension of this term is not possible.
  - Restoration is not possible.

GOVERNMENT FEE:

• Filing fee: EUR 110 + EUR 5 for POA filing + EUR 25 for publication fee up to ten pages
  - Additional page fee: EUR 3 per page above 10 (additional publication fee

POWER OF ATTORNEY:

• A PoA is needed.
• VALIPAT recommends its clients to prepare a general PoA form. This will simplify the administrative procedure for future cases of the same patent owner.

EPO INFORMATION:

“Click here to access the information published by the European Patent Office regarding validations in Poland”.

http://www.epo.org/patents/law/legal-texts/html/natlaw/en/iv/pl.htm

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Portugal (PT)

VALIDATION REQUIREMENTS:

• Translation of the description and of the claims in Portuguese should be filed within three months from the European granting date.
• Extension of this term is possible within one month from the term for filing the translation, counted from the deadline, with the payment of a fine.
• Restoration is possible within a one-year period counted from the deadline which was not met (provided that the request isfiled within two months counted from the removal of the cause of non-compliance with the time limit).

GOVERNMENT FEE:

• Filing fee: EUR 50
• No additional page fee.
• No additional claim fee.

POWER OF ATTORNEY:

• A specific PoA is not needed.

EPO INFORMATION:

“Click here to access the information published by the European Patent Office regarding validations in Portugal”.

http://www.epo.org/patents/law/legal-texts/html/natlaw/en/iv/pt.htm

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Romania (RO)

VALIDATION REQUIREMENTS:

• Translation of the description and of the claims in Romanian should be filed within three months from the European granting date.
• Extension of this term is possible. The 3 months term for validation of an EP to Romania may be extended with another 3 months, by paying of an extra fee of 100 euro. This is true only for validations and not for extensions, i.e. only for patents having the application date after March 1, 2003.
• Restoration is possible within 2 months from the removal of the cause that prevented the applicant from acting, but no later than one year since the expiry of the non-observed time-limit

GOVERNMENT FEE:

• Filing fee: EUR 110
• Additional page fee: EUR 5 per page above 20
• No additional claim fee

POWER OF ATTORNEY:

• A PoA is needed. A completed PoA form will be sent to you by VALIPAT enclosed to its confirmation of your order.
• VALIPAT recommends its clients to prepare a general PoA form. This will simplify the administrative procedure for future cases of the same patent owner.

EPO INFORMATION:

“Click here to access the information published by the European Patent Office regarding validations in Romania”.

http://www.epo.org/patents/law/legal-texts/html/natlaw/en/iv/ro.htm

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Serbia (RS)

VALIDATION REQUIREMENTS:

• Translation of the description and of the claims in Serbian should be filed within three months from the European granting date.
• Extension of this term is not possible.
• Restoration is possible within eight days from the day on which the circumstances which caused the delay ceased to exist and at the latest within 3 months from the missed deadline.

GOVERNMENT FEES:

• Filing fee: EUR 5
• No additional page fee
• No additional claim fee

POWER OF ATTORNEY (POA)

• A PoA is needed.
• VALIPAT recommends its clients to prepare a general PoA form. This will simplify the administrative procedure for future cases of the same patent owner.

EPO INFORMATION:

“Click here to access the information published by the European Patent Office regarding validations in Serbia”.

http://www.epo.org/patents/law/legal-texts/html/natlaw/en/iv/yu.htm

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Slovakia (SK)

VALIDATION REQUIREMENTS:

• Translation of the description and of the claims in Slovak should be filed within three months from the European granting date for the standard filing fee or in the additional three month term (six months from the European granting date) for the increased filing fee.
• No restoration is possible after expiration of the six month term.

GOVERNMENT FEE:

• Filing fee: EUR 116 in the three month term
  EUR 232 in the additional three month term
• No additional page fee
• No additional claim fee

POWER OF ATTORNEY:

• A PoA is needed.
• VALIPAT recommends its clients to prepare a general PoA form. This will simplify the administrative procedure for future cases of the same patent owner.

EPO INFORMATION:

“Click here to access the information published by the European Patent Office regarding validations in Slovakia”.

http://www.epo.org/patents/law/legal-texts/html/natlaw/en/iv/sk.htm

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Slovenia (SI)

VALIDATION REQUIREMENTS:

• Translation of the claims in Slovenian should be filed within three months from the European granting date.
• Extension of this term is not possible.
• Restoration is not possible.

GOVERNMENT FEE:

• Filing fee: EUR 100
• No additional page fee
• No additional claim fee

POWER OF ATTORNEY:

• A PoA is needed.
• VALIPAT recommends its clients to prepare a general PoA form. This will simplify the administrative procedure for future cases of the same patent owner.

EPO Information:

“Click here to access the information published by the European Patent Office regarding validations in Slovenia”.

http://www.epo.org/patents/law/legal-texts/html/natlaw/en/iv/si.htm

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Spain (ES)

VALIDATION REQUIREMENTS:

• Translation of the description and of the claims in Spanish should be filed within three months from the European granting date.
• Extension of this term is not possible.
• Restoration is possible within 2 Months or 1 year, counted from the date on which the patentee came aware of the fail. The deadline which will fall earlier will be the one counted.

GOVERNMENT FEES:

• Filing fee: EUR 263
• Additional page fee: EUR 11 per page above 22
• No additional claim fee

POWER OF ATTORNEY (POA)

• A PoA is needed.
• VALIPAT recommends its clients to prepare a general PoA form. This will simplify the administrative procedure for future cases of the same patent owner.

EPO INFORMATION:

“Click here to access the information published by the European Patent Office regarding validations in Spain”.

http://www.epo.org/patents/law/legal-texts/html/natlaw/en/iv/es.htm

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Sweden (SE)

VALIDATION REQUIREMENTS:

• Translation of the claims into Swedish should be filed within three months from the European granting date.

No further requirements if the European patent has been granted in English.

If the European patent has been granted in French or German, a translation into English must be filed under the conditions provided for in Art. 65(1) EPC. The translation may also be filed in Swedish.

• Extension of this term is not possible.

• Restoration is possible within two months from due date but no later than 12 months from the expiration term.

GOVERNMENT FEE:

• Filing fee: EUR 143
• Additional pages: EUR 18 per page above 8
• Publication fee: EUR 20

POWER OF ATTORNEY:

• A PoA is needed.
• VALIPAT recommends its clients to prepare a general PoA form. This will simplify the administrative procedure for future cases of the same patent owner.

EPO INFORMATION:

“Click here to access the information published by the European Patent Office regarding validations in Sweden”

http://www.epo.org/patents/law/legal-texts/html/natlaw/en/iv/se.htm

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Switzerland (CH + LI)

VALIDATION REQUIREMENTS:

• Switzerland has ratified the London Protocol and has an official language in common with one of the official languages of the EPO. There is no more translation requirements under Article 65(1) EPC (Article 1(1) of the London Agreement). For more information see http://www.epo.org/patents/law/legal-texts/london-agreement/key-points.html

GOVERNMENT FEE:

• Filing fee: N/A

REPRESENTATION:

• In countries where no translation is to be filed in order to obtain protection, you may request that VALIPAT represent (for a very low fee) the patent owner at the national Patent Offices of the countries in which you plan to pay annuities. Such annuities will be paid through your normal channels, but any communication relating to them from the Patent Offices concerned (such as a communication about the non-payment of an annuity) will be transmitted to you by VALIPAT.

POWER OF ATTORNEY:

• A PoA is needed.

EPO INFORMATION:

“Click here to access the information published by the European Patent Office regarding validations in Switzerland”.

http://www.epo.org/patents/law/legal-texts/html/natlaw/en/iv/ch.htm

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Turkey (TR)

VALIDATION REQUIREMENTS:

• Translation of the description and of the claims in Turkish should be filed within three months from the European granting date.
• Extension of this term is not possible.
• Extension of 3 months for filing the Turkish translation is available.
• Restoration is not possible.

GOVERNMENT FEE:

• Filing fee: EUR 238
• No additional page fee.
• No additional claim fee.

POWER OF ATTORNEY:

• A PoA is not needed.

EPO INFORMATION:

“Click here to access the information published by the European Patent Office regarding validations in Turkey”

http://www.epo.org/patents/law/legal-texts/html/natlaw/en/iv/tr.htm

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United Kingdom (GB)

VALIDATION REQUIREMENTS:

• The United Kingdom has ratified the London Protocol and has an official language in common with one of the official languages of the EPO. There is no more translation requirements under Article 65(1) EPC (Article 1(1) of the London Agreement). For more information see http://www.epo.org/patents/law/legal-texts/london-agreement/key-points.html

GOVERNMENT FEE:

• Filing fee: N/A

REPRESENTATION:

• In countries where no translation is to be filed in order to obtain protection, you may request that VALIPAT represent (for a very low fee) the patent owner at the national Patent Offices of the countries in which you plan to pay annuities. Such annuities will be paid through your normal channels, but any communication relating to them from the Patent Offices concerned (such as a communication about the non-payment of an annuity) will be transmitted to you by VALIPAT.

POWER OF ATTORNEY:

• A PoA is not needed.

EPO INFORMATION:

“Click here to access the information published by the European Patent Office regarding validations in the United Kingdom”.

http://www.epo.org/patents/law/legal-texts/html/natlaw/en/iv/uk.htm

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