Contracting States

Austria
Belgium
Bulgaria
Cyprus
Czech Republic
Denmark
Estonia
Finland
France
Germany
Greece
Hungary
Iceland
Ireland
Italy
Liechtenstein
Lithuania
Luxembourg
Monaco
Netherlands
Poland
Portugal
Spain
Romania
Slovakia
Slovenia
Sweden
Switzerland
Turkey
United Kingdom

Extension States

Albania
Bosnia and Herzegovina
Croatia
Latvia
Lithuania
The former Yugoslav Republic of Macedonia
Romania
Serbia and Montenegro Slovenia

National legal basis

Filing patent applications

Rights conferred

Translations of claims

Tranlations of patent specifications

Authentic text

Renewal fees

Conversion

Payment of fees

Registering a transfer

Miscellaneous 

1. Legal basis

Under Article 65, paragraph 1, of the European Patent Convention, any contracting state can prescribe that if the text, in which the European Patent Office intends to grant a European patent or maintain a European patent as amended for that state, is not drawn up in one of its official languages, the applicant for or proprietor of the patent must supply to its central industrial property office a translation of this text in one of its official languages at his option or, where that state has prescribed the use of one specific official language, in that language.

2. Legal position in the contracting states

Of the 30 contracting states (status: 1 December 2004), at least 23, namely Austria, Belgium, Bulgaria, Cyprus, the Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Ireland, Italy, Liechtenstein, the Netherlands, Portugal, Slovakia, Slovenia, Spain, Sweden, Switzerland, Turkey and the United Kingdom, have enacted provisions under Article 65(1) and (2), EPC. Except for Slovenia, which requires the translation of the claims only, all the above-mentioned states require a translation of the complete patent specification. At the time of going to press, no information was available on the legal situation in Hungary and Romania; it is recommended that the relevant information - to be published in the OJ EPO as soon as possible - be consulted.

All these states have prescribed, in accordance with Article 65(3) EPC, that in the event of failure to observe the relevant national provisions, the European patent will be deemed to be void ab initio. The circumstances in which such a loss of rights occurs are determined by the national law of the contracting states concerned. In most contracting states the time limit for filing the translation is non-extendable. However, extension is provided for in the Czech Republic, Estonia, Slovakia, Turkey and the United Kingdom, subject to the payment of a surcharge. In the contracting states Austria, the Czech Republic, Denmark, Finland, France, Germany, Ireland, Italy, the Netherlands, Portugal, Spain, Sweden, Switzerland/Liechtenstein and the United Kingdom, re-establishment of rights in the event of failure to observe the time limit for filing the translation (see column 2) is possible subject to the requirements of the national law of the state concerned. In Switzerland/Liechtenstein it is also possible to request further processing under Article 46a PA.

The contracting states Luxembourg and Monaco do not require a translation of the European patent specification.

In all contracting states translations of the patent specification, provided the remaining national requirements are met, are deemed to have been duly filed even if the address for service required is indicated, or a national representative appointed, only after the date of filing (or within any time limit set by the national patent authorities).

3. Different sets of claims

If in the event of prior rights (Article 54(3), Rule 87 EPC), the European patent application contains different sets of claims for different states, only a translation of the set of claims applicable to the state in question need be filed.

4. Effect of the European patent as a national patent

It should be noted that, subject to Article 68 EPC, a European patent automatically acquires the effect of a national patent granted in a contracting state on the date the mention of its grant is published in the European Patent Bulletin. Accordingly, no action need be taken by the patentee before the national patent authorities for the European patent to acquire that effect, provided it was published by the EPO in a language prescribed by the state concerned pursuant to Article 65(1) EPC or the state does not require a translation of the patent specification.

See Table VI regarding payment of national renewal fees.

5. Explanatory notes concerning the table

The following table contains information regarding each of the aforementioned states, which should be of assistance to applicants in filing the translation of the patent specification with the central industrial property office. It also contains information as to how the translations filed will be made available to the public.