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BLOG@IP::JURPatent Attorney Axel H Horns' Blog on Intellectual Property Law.
Monday, February 11, 2008EPO on Key Points of the London Agreement.The EPO has published a useful summary of key points of the effects of the London Agreement.Please note that the adoption of German patent law to the London Agreement is in  a state of disarray in view of the deadline until which a full translation has to be filed. As far as I know the German Government indeed has started a legislative project to correct the mistake made in 2003. However, However, I do not have any Official confirmation to that effect.Technorati Tags:  Patents
One of the readers of my Blog mailed to me some commentary concerning the current situation in Sweden: "Does the rest of Europe know the 'limbo' which Sweden is in, regarding the London Agreement? Although the Swedish government has signed the London Agreement, the Agreement will not enter into force 'until a date decided by the government' (the asterisked text at the bottom of the London Agreement 'Status' page of the EPO’s website). The decision by the Swedish government as to when the Agreement will enter into force is only a formality, as adoption of the Agreement has already been debated and agreed upon in the Swedish Parliament. However, it does mean that there is no time limit for Sweden to enter the Agreement, and it may even happen after 1st May 2008 (or indeed, in 2009, 2050, or never). Colleagues in Europe are asking us of details of the changes, but the Swedish Patent Office have not released details of the Official Fees due, or formalities required after the Agreement enters into force. At present, we must work as though the London Agreement did not exist (despite being a signatory)" Obviously Germany is not alone having difficulties with the implementation of the London Agreement.
As far as I know, also the situation in The Netherlands is at least unknown, and probably complicated (note that also the EPO (see their website) did not succeed in getting the official information on the status !). Although NL has ratified the London Protocol (LP), and it passed a state law modifying the Dutch patent Law (ROW 95) on November 17, 2005, this law was never "activated". Moreover, in the meantime, the ROW 95 was changed again (for the implementation of other modifications, such as the possibility to file in English !) on November 8, 2007. There is no mention of the previously mentioned state law implementing the LP. Therefor, at present, there is no legal basis in NL for the LP.
The German Institute of Patent Attorneys has passed on a communication originating from the German Ministry of Justice according to which the unsuccessful 2003 Implementation Act for the London Agreement will be revoked in its entirety by May 01, 2008. It is then intended to rush through Parliament a new Implementation Act effectively making sure that no full translation will be required for European Patents where the grant is advertised after May 01, 2008. Moreover, there are no intentions to install a translation requirement for amended patents at the end of a EPO limitation procedure. Post a Comment
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