Epo Validation Agreements

For more information about the extension/validation system, consult the review guidelines: extension and validation of European patent applications and patents for non-CBE member states (Directives for the A-III examination, 12) If the renewal or validation fee is paid for a country, the patent holder may decide, when issuing the European patent, to validate his patent in that country by filing all the necessary translations and paying the necessary taxes. The procedure is similar to obtaining a patent through the EPO in Member States such as Spain or Italy. Between 1993 and 2009, the European Patent Organisation signed European patent cooperation and renewal agreements with a number of European states that were not parties to the EUC (or were not parties at that time) (« renewal agreement »). Much of the cost of validation is related to the creation of translations, for a good reason. Rules on the importance of translation accuracy vary from country to country. In some cases, the original text is reset to litigation or infringement rights, but in others, this is not the case, or at least there are interpretations that third-party rights may arise during the period during which an inaccurate translation is in effect. Validation accounts for a significant part of the cost of a European patent life cycle, especially when many countries are needed. The filing of tens of thousands of validations per year and the translation of millions of words into each language means that the purchasing power of IP Centrum is enormous. We provide our agents and suppliers with easy-to-use and highly efficient processes that further reduce their costs, and all of this means that we can pass these savings on to our customers. Most countries require that the validation registrant have obtained an appropriate mandate from the applicant for the formalities required for the particular patent in the given country. Some countries allow general powers, which allows the lawyer to act on behalf of an applicant with respect to all their patents. In some cases, the signed attorney document must be attached to the validation request and, in other cases, this is not necessary or may be filed later or simply retained for further submission. If the designation has been paid in a timely manner, the additional time to pay the extension and validation fee with a surcharge is set within two months of maturity.

The EPO does not provide us with this additional time. The EPO has a number of agreements with other countries. Under these agreements, the European patent application can be « extended » to the choice by paying an additional tax to these countries (if any). Since 2010, some non-member and non-member states have signed agreements with the European Patent Organisation allowing the validation of European patent applications issued on their territory. These are called validation states. In order for an issued European patent application to be validated in a validation state, the application must have been filed on the date or after the agreement enters into force and the validation state must be designated. Agreement between the Government of the Kingdom of Morocco and the European Patent Organization on the validation of European patents (validation agreements) Throughout the history of the CBE, some non-member states have entered into cooperation agreements with the European Patent Organisation, known as extension or validation agreements. These states then became « enlargement states » or « validation countries », meaning that European patents issued by the EPO can be extended to these countries through the payment of additional taxes and the completion of certain formalities. These cooperation agreements are concluded by the President of the European Patent Office, on behalf of the European Patent Organisation, in accordance with Article 33 (4) CBE, are not based on « direct application of the EBE, but only on national law provided for by the EUC »[21] and are available to support the determination of national property rights in these states. [22] As in the EPO`s contracting states, European patenting rights, which are validated

About the Author

c.dekervizic