Validation is the process of registering a granted European Patent (EP) in the individual spezific countries where it will become enforceable.
Since the EP has been granted by the European Patent Office the patent will not go through further substantive examinations by the national patent offices.
The validation process typically involves the filing of specific translations of all or part of the patent, the payment of the national official fees and the filing of validation related forms.
The timeframe within the national phase validation must be carried out is usually 3 months from the grant date of the EP.
Some jurisdication allow an extension of the deadline, which may presuppose specific conditions.
Commonly EP Validations are handled by instructed local agents to attend to the national filing requirements.
Dealing with each individual agent is time consuming and usually involves many follow-ups, which may result in chains of error-prone coordination work. Delays, inaccurately estimated fees and possible loss of oversight make the common process very inefficient and cost intensive.
We have developed a streamlined validation process which gives you the following core advantages:
We turn EP Validations into a fast forward and easy process:
Required translations have to be provided within specific time limits.
The translation and POA requirements vary significantly between the different countries:
The London Agreement (Agreement on the application of Article 65 EPC) is aiming at reducing the costs relating to the translation of European Patents.
There are two groups of countries which form part of the London Agreement:
Regardless of the grant language of the EP a translation is not required for countries which are part of the London Agreement and also share an official EPO language (English, German or French) — These countries are Belgium, France, Germany, Ireland, Luxembourg, Monaco, Switzerland/Liechtenstein and the United Kingdom.
For the purpose of receiving and forwarding communications and notifications issued by the National Patent Offices, we can arrange the registration of an "Address for Service" for these countries through our network of corresponding agents.
The following requirements for the translation of the patent specification and the claims apply to the group of countries which are part of the London Agreement, but do not share an official EPO language (English, German or French):
States part of the London Agreement, but not having in common an official EPO language:
Regardless of the grant language of the EP a translation of claims is required into:
Only in case of EPs granted in French or German a translation of specification may be required — Accepted translation language:
|Latvia||LV||Latvian||No translation required|
|Lithuania||LT||Lithuanian||No translation required|
|Macedonia||MK||Macedonian||No translation required|
|Slovenia||SI||Slovenian||No translation required|
Most countries which are not part of the London Agreement require a full translation of the EP into one of the official languages or into the precribed language.
Countries which do not require a full translation but the translation of the claims are the two extension states Bosnia & Herzegovina and Montenegro.
|Country||Translation||EP Grant Language||Note|
States which are not part the London Agreement:
A translation is only required in case the EP is granted in:
|Austria||AT||German||EN, FR||No translation for EPs granted in DE|
|Bosnia & Herzeg.||BA||Bosnian||EN, DE, FR||Extension State|
|Bulgaria||BG||Bulgarian||EN, DE, FR||—|
|Cyprus||CY||Greek||EN, DE, FR||—|
|Czech Republic||CZ||Czech||EN, DE, FR||—|
|Estonia||EE||Estonian||EN, DE, FR||—|
|Greece||GR||Greek||EN, DE, FR||—|
|Italy||IT||Italian||EN, DE, FR||—|
|Malta||MT||English or Maltese||DE, FR||No translation for EPs granted in EN|
|Montenegro||ME||Montenegrin or Serbian||EN, DE, FR||Extension State|
|Poland||PL||Polish||EN, DE, FR||—|
|Portugal||PT||Portuguese||EN, DE, FR||—|
|Romania||RO||Romanian||EN, DE, FR||—|
|San Marino||SM||Italian||EN, DE, FR||—|
|Serbia||RS||Serbian||EN, DE, FR||—|
|Slovak Republic||SK||Slovak||EN, DE, FR||—|
|Spain||ES||Spanish||EN, DE, FR||—|
|Turkey||TR||Turkish||EN, DE, FR||—|
The POA requirements for EP Validations vary significantly between the different countries.
If required, the Power of Attorney (POA) might be required because it needs to be filed with the National Patent Office or it is required by the local appointed agent.
||Copy / Original
||General / Specific
|Bosnia & Herzeg.||BA||Yes||Original||Specific|
|Cyprus||CY||Yes||Original||General POA accepted|
|Greece||GR||Yes||Original||General POA accepted|
|Italy||IT||Yes||Original||General POA accepted|
|Macedonia||MK||Yes||Copy accepted||General POA accepted|
|Malta||MT||Yes||Original||General POA accepted|
For the purpose of registering an "Address for Service" a POA is only required for Ireland, Monaco and Switzerland/Liechtenstein. In these cases a simple signature is sufficient. A notarisation is not required.
A POA is not required in Belgium, France, Germany, Ireland, Luxembourg, Monaco, Switzerland/Liechtenstein and United Kingdom.