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Cutting the Costs of Patent Translations in Europe
12 May 2008
The London Agreement came into force on 1 May 2008.  The main aim of this Agreement is to reduce costs by introducing a cost-attractive post-grant translation regime for all European patents and has marked a true breakthrough in improving the European patent system. Essentially patent holders are spared the high costs relating to the translation of European patents after grant.
The Agreement will be applied to all European Patents granted after 1 May 2008 and the contracting states to accede to the London Agreement are Croatia, Denmark, Latvia, the Netherlands, France, Liechtenstein, Slovenia, Germany, Luxembourg, Switzerland, Iceland, Monaco, Sweden and the United Kingdom.

Prior to 1 May 2008, when European patents were granted, patent-holders had to provide, at their cost, translations of the patents into the national language of each country in which patent protection was desired.  Where protection is desired in all states, the European Patent Office (EPO) estimates the cost of translating a patent of average length into the necessary languages to be greater than AU$50,000.  A typical patent is usually only made available in five languages, which the EPO estimates involves a cost of about AU$11,500.

The EPO estimates that the translation cost associated with a typical case will now fall from around AU$11,500 to around AU$6,000.  As more countries sign up to the Agreement, obtaining protection in more countries in Europe will be possible without incurring the substantial translation costs previously applicable.  As a result, the cost associated with preparation of translations of a patent may be reduced by as much as 45%.

What are the benefits of the London Agreement?
  • Significant savings in translation costs.
  • No publication fees for translations.
  • Reduced patent attorney fees.
  • An inclusive solution - three languages instead of single-language solutions like “English only.”

It is expected that further states will join the Agreement during the next years, and the overall picture which will emerge is a post-grant language regime where the claims are always available in the national language of the states where the European patent is registered, while the description is generally available in English only.
It is worth pointing out that the effects achieved through the London Agreement only apply to the post-grant translation regimen for European patents.  In other words, patentees save costs on translations after their invention has already undergone all the necessary steps towards European patent status.

The London Agreement will not affect costs involved with the application and granting process for patents at the EPO, which remain unchanged in day-to-day operations at branches throughout Europe.
Carla Cher