Agreement on the application of Article 65 EPC – London Agreement

The London Agreement entered into force on 1 May 2008, following the deposit of the instruments of ratification and accession by 13 EPC contracting states – including the three where the most European patents took effect in 1999, that is, France, Germany and the United Kingdom (see Article 6(1) of the Agreement). Under Article 6, paragraph 2, of the Agreement any accession by a state after 1 May 2008 shall take effect on the first day of the fourth month after the deposit of the instrument of accession.

Entry into force

The London Agreement entered into force on 1 May 2008.
 

Scope of application

The London Agreement applies to European patents in respect of which the mention of grant is published in the European Patent Bulletin after the Agreement enters into force for the state concerned (see its Article 9). The new translation regime thus applies in those states which have ratified or acceded to the London Agreement to all European patents in respect of which the mention of grant was published in the European Patent Bulletin on or after 1 May 2008. For Albania, Lithuania and North Macedonia (previously known as the "Former Yugoslav Republic of Macedonia"), the London Agreement has no impact on the existing translation regime.

In Denmark, France (see Paris court of appeal judgment of 14 April 2010), Iceland, Latvia, Luxembourg, Monaco, the Netherlands, Slovenia, Sweden, Switzerland/Liechtenstein and the United Kingdom, the new rules also apply to European patents granted before 1 May 2008 and amended on or after that date (mention published in the European Patent Bulletin) in opposition, appeal or limitation proceedings. This is also the case for Hungary if a European patent was granted before 1 January 2011 and was amended on or after that date in opposition, appeal or limitation proceedings.

For Germany, the old translation requirements continue to apply to European patents granted before 1 May 2008 and amended on or after that date. For Finland, they also continue to apply to European patents granted before 1 November 2011, and for Norway to those granted before 1 January 2015, and for Montenegro to those granted before 1 August 2025 and amended on or after that date.

For Croatia, there are no such transitional provisions.

Regarding the transitional provisions in Switzerland/Liechtenstein and the United Kingdom stipulating that European patents in respect of which the mention of grant was published before 1 May 2008 also fall under the London Agreement regime, see the information published by the Swiss Federal Institute of Intellectual Property and the UK Intellectual Property Office.

Belgium’s accession to the London Agreement entered into force on 1 September 2019.

Please note that Belgium has already previously amended its law in order to bring it in line with the London Agreement (see OJ EPO 2016, A99). Therefore, there are no changes to the current translation requirements in Belgium.

As regards the transitional provisions, Belgian law provides that for European patents granted for Belgium in English in respect of which the mention of grant, maintenance in amended form or limitation is published in the European Patent Bulletin before 1 January 2017, a translation of the specification into Dutch, French or German must still be supplied in accordance with Article 65(1) EPC.

Dispensation with translation requirements

The London Agreement distinguishes between (1) states having an official language in common with one of the official languages of the EPO (English, French and German) and (2) states having no official language in common with one of the official languages of the EPO.

1. States having an official language in common with one of the official languages of the EPO dispense with translation requirements under Article 65(1) EPC (Article 1(1) of the London Agreement).

This provision currently applies to the following states:

• Belgium
• France
• Germany
• Ireland
• Liechtenstein
• Luxembourg
• Monaco
• Switzerland
• United Kingdom

2. States which do not have an official language in common with one of the official languages of the EPO may require that a translation of the claims into one of their official languages be supplied (Article 1(3) of the London Agreement).

The following states require that the claims be supplied in their official language:

• Albania (Albanian)
• Croatia (Croatian)
• Denmark (Danish)
• Finland (Finnish)
• North Macedonia (Macedonian)
• Hungary (Hungarian)
• Iceland (Icelandic)
• Latvia (Latvian)
• Lithuania (Lithuanian)
• Montenegro (Montenegrin)
• Netherlands (Dutch)
• Norway (Norwegian)
• Sweden (Swedish)
• Slovenia (Slovene)

The above states dispense with further translation requirements if the European patent has been granted in an official language of the EPO prescribed by them, or translated into that language and supplied under the conditions provided for in Article 65(1) EPC (Article 1(2) of the London Agreement).

The following states have prescribed English:

• Albania
• Croatia
• Denmark
• Finland
• Hungary
• Iceland
• Netherlands
• Norway
• Sweden

In Denmark, Finland, Hungary, Iceland, the Netherlands, Norway and Sweden, the European patent may also be supplied in the national language.

The following states have not prescribed any language under Article 1(2) of the London Agreement:

• North Macedonia
• Latvia
• Lithuania
• Slovenia

Please consult the EPO's publication "National law relating to the EPC" for further details regarding validation requirements in the EPC contracting states.

A comprehensive list of legal bases relating to validation requirements in the EPC contracting states is available in the EPO's publication "National law relating to the EPC".

Albania

• Article 87/d of the Law No. 9947 on Industrial Property of 7 July 2008 as amended by Law No. 55/2014 of 29 May 2014

Belgium

• Art. 94, 96 of the Belgian law of 29 June 2016 on miscellaneous provisions of economic law, Belgisch Staatsblad/Moniteur belge, 06.07.2016 (41701)

• Law of 23 March 2019 assenting to the following international treaties on intellectual property:

  • International Convention for the Protection of New Varieties of Plants of 2 December 1961, as revised at Geneva on 10 November 1972, 23 October 1978 and 19 March 1991
  • London Agreement of 17 October 2000 on the application of Article 65 EPC

  Belgisch Staatsblad/Moniteur belge, 21.06.2019 (63940)

Croatia

• Article 108o of the Patents Act (OG 173/03, 87/05 and 76/07)

Denmark

• Section 77.1 of the Patents Act as amended by Act No. 451 of 10.6.2003

France

• Article 10 de la Loi sur la lutte contre la contrefaçon du 17.10.2007, modifiant l'article L. 614-7 du code de la propriété intellectuelle

Germany

• Articles 8a, 8b and 10 of the German "Gesetz zur Verbesserung der Durchsetzung von Rechten des geistigen Eigentums" dated 7 July 2008 relate to the London Agreement on the application of Article 65 EPC; these provisions entered into force with retrospective effect from 1 May 2008.

Hungary

Article 84/H of Law No. XXXIII of 1995 on the protection of inventions by patents

Article 11 of Decree No. 20/2002 (XII. 12.) IM of the Minister of Justice on the detailed formalities of patent applications, plant varieties applications, and documents filed in relation to European patent applications, European patents and international patent applications (formalities decree)

Article 4(2) of Decree No. 19/2005 (IV. 12.) GKM of the Minister of Economy and Transport on the fees for administrative services in industrial property procedures before the Hungarian Patent Office (fee decree)

Iceland

• Section 77.1 of Patents Act No. 17/1991 as amended by Act No. 53 of 2004

Latvia

• Article 71.2 of the Patents Act of 15.2.2007

Lithuania

• Article 59⁽³⁾(2) and (3) of the Patent Law as published in “Valstybės žinios” No. 85/2005

Montenegro

• Law on patents (Official Gazette of Montenegro, Nos. 42/15, 2/17, 146/21, 3/23, 84/24 and 28/25)

Slovenia

Switzerland/Liechtenstein

United Kingdom