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Patent Attorney Axel H Horns' Blog on Intellectual Property Law.

 

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Wednesday, September 10, 2003

 

German Ratification Draft Bill concerning London Agreement on Patent Translations.

The German Government has submitted two Draft Bills concerning the ratification and implementation of the EXTERNAL LINKAgreement on the application of Article 65 of the Convention on the Grant of European Patents ("London Agreement") with the Upper House ("Bundesrat") of the German Parliament.

The Official Printed Matter INTERNAL LINKNo. 566/03 conveys a formal Ratification Bill whereas the Official Printed Matter INTERNAL LINKNo. 567/03 presents a Bill for amending the German Law on International Patent Treaties.

Once having having passed the Upper and Lower Houses of the German Parliament, the respective Acts will enter into force only in accordance with the respective provisions of the London Agreement, i.e. on the first day of the fourth month after the deposit of the last instrument of ratification or accession by eight Contracting States to the European Patent Convention, including the three States in which the most European patents took effect in 1999. Sadly, up to now there are little prospects that France will ratify the Agreement in any foreseeable time.

Any State party to this Agreement having an official language in common with one of the official languages of the European Patent Office will then dispense with the translation requirements provided for in EXTERNAL LINKArticle 65, paragraph 1 of the European Patent Convention. Any State party to the London Agreement having no official language in common with one of the official languages of the European Patent Office has to dispense with the translation requirements provided for in EXTERNAL LINKArticle 65, paragraph 1 of the European Patent Convention, if the European patent has been granted in the official language of the European Patent Office prescribed by that State, or translated into that language and supplied under the conditions provided for in EXTERNAL LINKArticle 65, paragraph 1 of the European Patent Convention.

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