The UKPO is grateful for all the comments received and recognises the concerns raised.
* There was no clear consensus from the consultation that the provisions that result from Article 65 (translations on grant) and Article 67 (provisional protection) should be linked. Since the agreement does not address the question of Article 67, it is not proposed to alter UK law in terms of its enactment of Article 67.
* Likewise, there was no real demand for the UK Patent Office to provide any additional non-statutory services. Moreover, it was felt that the other provisions in the Court Procedure Rules and within the Patents Act 1977 were sufficient.
* There was clear preponderance of views that the UK should implement the agreement using the provisions on 77(6) in rule 2 of the draft Statutory Instrument.
* There was a clear preference that the UK should ratify and the agreement should only be implemented once the agreement comes into force, ie once sufficient states have ratified.
It is therefore the conclusion of this consultation that the provisions under Rule 2, relating to translations on grant should be taken forward. The rule under 78(7) relating to provisional protection before grant should not be taken forward.
* There were also some comments on the effect of rule 1, and its implications. These have been considered in the final drafting of the Statutory Instrument, with consequential changes to the explanatory note.
* Further issues relating to the question of competence were raised, and these have been considered in detail so that legislation and ratification can proceed.
The issues raised during the consultation relating to the balance of costs have been further considered and are reflected in the Regulatory Impact Assessment.
Next Steps
It is proposed to introduce a Statutory Instrument in the course of 2005, and that Ratification of the London Agreement should follow. [...]"
I am happy to see that the London Agreement gets support from London. However, the key to the entry into force of the Agreement is still in Paris.
Any State party to the London Agreement having an official language in common with one of the official languages of the European Patent Office will, after entry into force, have to dispense with the translation requirements provided for in Article 65, paragraph 1 of the European Patent Convention. Any State party to the Agreement having no official language in common with one of the official languages of the European Patent Office will have to dispense with the translation requirements provided for in Article 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 Article 65, paragraph 1 of the European Patent Convention.
[UPDATE] 2005-03-22 Obviously the United Kingdom has already amended national law. However, the "The Patents (Translations) Rules 2005" will cause Section 77(6) of the Patents Act 1977 cease to have effect only on the day of the coming into force of the Agreement on the application of Article 65 of the Convention on the Grant of European Patents made in London on 17th October 2000(b).
"[...] EXPLANATORY NOTE
(This note is not part of the Rules)
These Rules implement Article 1(1) of the Agreement on the application of Article 65 of the Convention on the Grant of European Patents made in London on 17th October 2000 (“the London Agreement”). The London Agreement is published as Cm 5247 Miscellaneous Series No. 9 (2001).
Currently, Article 65(1) of the Convention on the Grant of European Patents made in Munich in 1973 (“EPC”) allows an EPC contracting state to impose a requirement on a proprietor of a European patent to file a translation of the patent, as granted or amended, if it is not in an official language of the state concerned. The EPC is published in Treaty Series No.16 (1982) Cmnd 8510. Section 77(6) of the Patents Act 1977 (“the Act”) corresponds to Article 65(1) of the EPC. Section 77(6) came into force on 1st September 1987 by virtue of rule 4(1) of the Patents (Amendment) Rules 1987 (S.I. 1987/288).
Where the European Patent Office (“EPO”) publishes a specification of a European patent (UK) in French or German, section 77(6) of the Act requires a translation into English of such specification to be filed at the Patent Office, within three months of the date of publication, before the European patent (UK) may have effect in the United Kingdom. The same applies to any amendment made in French or German to such specification. Before the specification as amended may have effect in the United Kingdom, within three months of the date of its publication, a translation of it into English must be filed at the Patent Office.
The London Agreement (Article 1(1)) provides that any State having an official language in common with one of the official languages of the EPO (namely English, French or German) must dispense with translations under Article 65(1) of the EPC.
By virtue of these Rules, section 77(6) of the Act ceases to have effect on the day the London Agreement comes into force. [...]"
a statement on the results of the 
Paris.