Hello friends how are you all? Today we are going to talk about the 7 Things You’ll Appreciate Knowing About European Patent Validation. Obtaining a European patent is three to four years after filing. You have to pay a grant fee with the final version of claims requiring translation to the official languages of the EU including English, French, and German.
Afterward, submission is mandatory before a deadline. After the publication of the grant mention in the Bulletin, validating the patent is necessary for each designated state in a particular period to protect its effect and for enforcement against infringers.
You have to select the countries to validate your European patent. Keep in mind that the patent might require translation into the local patent office official language in some countries. You might also have to pay fees at the patent office according to relevant national law.
7 Things You’ll Appreciate Knowing About European Patent Validation
Handling Patent Validation And Translations
After granting a patent, you have three months to validate the patent in each European country where you need the protection to apply. The validation process varies by country depending on the local formal and translation requirements. In France, Ireland, the UK, and Germany, validating the patent just requires to name the service address. For countries including Poland, Italy, and Spain validating includes a translation of the patent.
Patent Validation Costs
The European patent validation cost includes service fees, translation fees, and official fees. The service fees include the cost of hiring professionals to handle the validation process. Official fees are payable at the local patent office. And, translation fees depend on the volume of patent text considering various factors.
The number of words in the description or patent claims determine the cost of translation. Keep in mind that the number of source words in the patent document determines the translation cost. Luckily, you can work with a professional validation service offering translation as well. Having a full service to handle your project saves money and time.
Power Of Attorney
Obtaining appropriate power of attorney is a requirement in many countries to have a professional filing agent handle the process to meet the formalities for the patent in that particular country. There’s a chance to obtain general powers of attorney giving validation service to represent the applicant in all matters regarding the patent. Filing a validation with a signed power of attorney document is a requirement in some cases. There’s also a possibility where this doesn’t apply or you can file it later for referencing in the future.
European Patent Translations
Producing translations eats a significant portion of the patent validation budget. Keep in mind that translation requirements regarding accuracy vary by country. The original text might require reverting to infringement claims. In other instances, this might not apply. However, it is very important to ensure that all translations are accurate. The rule of thumb is to entrust natives or people with expertise and experience regarding patent translations to do the job.
Centralized Validation
The process of patent translation was traditionally the role of partnered, associated, or selected foreign agents in that particular country. Then, you had to deal with the country’s agent on an individual level, organize powers of attorneys, and allow an expert with intricate local knowledge of regulations to handle the process.
Unitary Patent
This is planned patent protection for the future in the European Union. When this comes into force, all patents from the European Patent Office will qualify. This patent is to have a unitary effect offering protection in 26 member states of the European Union. It will eliminate the need for patent validation in each country. There’s a plan for a Unified Patent Court with exclusive competence regarding the unitary patents to cover traditional patents in the EU.
Why Hire A Professional Validation Service Company
Managing intellectual property is an arduous process requiring various formalities where keen attention is mandatory. Doing everything in-house puts your staff at risk of burnout from the extra work. It also makes the process at risk of costly mistakes. Having an external partner to handle the validation of patents on your behalf is a great idea. You will focus on core business tasks knowing that all the time-consuming tasks regarding validation are in the hands of professionals.
Allowing a validation service to handle the coordination processes comes with significant benefits including:
- Allowing all formalities to go through a single software system
- Getting an external perspective as part of your portfolio management strategy
- Enhancing portfolio control
- Significant cost and time savings with free choice of agent
- Benefiting from qualified and experienced staff
- Making use of secure online access
Wrapping Up
Acquisition of a European Patent offers protection of your invention in countries across Europe. However, there is a need for validation and translation of the patent in the various countries where necessary. Although there is a plan to adopt a unitary patent, you have to make use of available protection to protect your invention. Making use of a professional validation service comes in handy to obtain the relevant protection you need.