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Slide 1
LANGUAGE AND PATENTS Gillian Davies Montral, 11-13 July
2005
Slide 2
Gillian Davies 20052 Introduction Language (translations) and
patents are a major issue in Europe It is aggravated by the recent
accession of eastern European States to EU membership Several
proposals address it: the London Agreement on the application of
Article 65 EPC the European Community Patent the European Patent
Court
Slide 3
Gillian Davies 20053 The worldview - Languages and PCT Filing
languages of international applications Language2003 English63.8%
Japanese13.8% German12.6% French3.9% Korean1.5% Chinese0.9%
Spanish0.7% Swedish0.6% Russian0.5% Italian0.5% Dutch0.4%
Finnish0.4% others0.4% Source: WIPO
Slide 4
Gillian Davies 20054 Languages in the current European patent
system Two possible ways to obtain patent protection in Europe: via
the National Patent Offices via the European Patent Office
(EPO)
Slide 5
Gillian Davies 20055 The national Patent Offices Patent
applications must be filed in (or at least translated into) an
official language of the State
Slide 6
Gillian Davies 20056 The European Patent Office (EPO) The EPO
has three official languages: English French German
Slide 7
Gillian Davies 20057 The language requirements on filing at the
EPO Euro-direct applications: in English, French or German in
certain cases in another official language of a Contracting State,
provided that a translation into English, French or German is
supplied later Euro-PCT application: in English, French or
German
Slide 8
Gillian Davies 20058 The language requirements on filing at the
EPO Filing languages of Euro-direct applications Language2003
English66.1% German23.5% French6.2% Italian2.7% Spanish0.6%
Dutch0.6% Finnish0.1% others0.3% Source: EPO
Slide 9
Gillian Davies 20059 The procedural languages at the EPO All
procedures before the EPO (search, examination, opposition, appeal)
are conducted in the official language (English, French or German)
in which the application was filed or translated
Slide 10
Gillian Davies 200510 The translation requirements for the
European patent Shortly before the grant of the patent: Translation
of the claims into the other two official languages Within three
months from the grant of the patent: Virtually all Contracting
States currently require a translation of the whole patent
specification into one of their official languages
Slide 11
Gillian Davies 200511 Cost breakdown of an average European
patent 1) 1) 8 States, 10-year term 11,800 4,300 6,100 8,900
Source: EPO Translation in the Contracting States 38%
Slide 12
Gillian Davies 200512 Consequence of the high translation cost
Source: EPO Designation rate by Contracting State in 2003
Slide 13
Gillian Davies 200513 Recent European developments on languages
The London Agreement on the application of Article 65 EPC The
Community Patent The European Patent Litigation Agreement
(EPLA)
Slide 14
Gillian Davies 200514 The London Agreement on the application
of Article 65 EPC Signed by 11 Contracting States Not yet ratified
by enough States to enter into force Under the Agreement: States
with English, French or German as an official language will
dispense with the translation of the patent specification any other
State will only require a translation of the patent specification
in the official language of the EPO prescribed by that State
Slide 15
Gillian Davies 200515 The Community Patent The proposal
includes the creation of a centralised Community Patent Court
Unfortunately, it is currently bogged down in disputes over
translations and enforcement
Slide 16
Gillian Davies 200516 The language regime of the Community
Patent During the application phase, applications should be filed
in English, French or German, or be translated into one of these
languages Upon grant of the patent, the claims would have to be
translated into all the EU languages
Slide 17
Gillian Davies 200517 The European Patent Litigation Agreement
(EPLA) The EPLA foresees the creation of a European Patent court
with exclusive jurisdiction to deal with infringement and
revocation of European patents However, the EPLA has run into
problems following the European commission's refusal to endorse the
plan.
Slide 18
Gillian Davies 200518 The language regime of the EPLA At first
instance, the language of the proceedings would be: Before the
Central Division, the language of the proceedings before the EPO
Before a Regional Division in a State having an EPO official
language as official language, that official language Before a
Regional Division located in a State having either more than one or
no official language which is one of the EPO official languages,
any EPO official language designated by that State Before the Court
of Appeal, the language of the first instance proceedings
Slide 19
Gillian Davies 200519 Personal experience with languages at the
EPO Problems arising from multiple languages Impact on scientific
citations in the European Search Report Training of examiners The
EPO's International Academy
Slide 20
Gillian Davies 200520 Problems arising from multiple languages
Different nuances of a term in different languages Simultaneous
interpretation during oral proceedings
Slide 21
Gillian Davies 200521 Impact on scientific citations in the
European Search Report No statistics available From personal
experience, probably a very small impact, although this may vary
depending on the technical field. Most prior art citations are
usually in English irrespective of the filing language of the
application.
Slide 22
Gillian Davies 200522 Training of examiners For practical
reasons, mostly in English
Slide 23
Gillian Davies 200523 The EPO's International Academy Founded
in 1997 Provides training to judges, lawyers and examiners from
countries in Eastern Europe, Russia, Africa, Asia and South America
In 2004, a European Academy was created at the EPO with a similar
mission but for the EPC Member States
Slide 24
Gillian Davies 200524 Conclusion The language question is of
economic and political importance English predominates in the PCT
and EPC systems Compromise is required to solve the stalemate over
the Community patent: the EPC regime of English, French and German
has the best chance of reconciling the interests of industry with
politics
Slide 25
Gillian Davies 200525 The End Thank you very much for your
attention! Email: [email protected]