Paris Court of Appeal, France, various decisions, London Protocol, 14 April 2010
The Paris Court of Appeal recently ruled in about 25 decisions of 14 April 2010 that the London Protocol (renonciation to translation requirements) applies to all European patents :
- filed before 1 May 2008 (date on which the Protocol came into force),
- published or republished after 1 May 2008,
- even if granted before 1 May 2008.
It means that for EP patents that have been published and granted before 1 May 2008 but which are modified in the course of an opposition and are republished with modifications after 1 May 2008, it is no longer necessary to file a translation before the French Patent Office which refuses to receive such translations.
Read one of the decisions (in French) here.
Head note: Pauline Debre
For those interested, another article on this topic can be found here : http://europeanpatentcaselaw.blogspot.com/2010/06/inpi-ne-traduisez-plus.html
Posted by: Laurent Teyssèdre | 10/06/2010 at 11:50