After the London agreement: Reaquirement for validation in Denmark and Sweden
By 1 May 2008, the London Agreement entered into force in Denmark and Sweden. This means that the costs of validation of European patents become significantly reduced as the patent translation requirements are reduced, but there are nevertheless some filing requirements, as set forth below:
Validation in Denmark
In order to validate a European patent in Denmark, only the claims must be translated into Danish if the text is in English. If the European patent is not in English, a translation of the description into English or Danish must also be filed.
However, a full translation into Danish may be required if someone is sued for patent infringement in Denmark.
The practical implementation of the new validation procedure in Denmark under the London Agreement involves some practical issues in relation to the filing requirements:
Filing Requirements
European patents issued in English
In order to fulfil the validation requirements for Denmark a text comprising an English description and drawings and Danish claims is sufficient.
The Danish Patent Office does not accept the layout and text format of the B1 publication of the European patent, and therefore it is necessary to file another text version of the English text. For this we will need an electronic version of the English text, either supplied by the client or downloaded from the European Publication Server, for example as the xml format. Høiberg can take care of this download at our end and adapt the text to the Danish requirements.
When validating a European patent in Denmark, a printing fee is also paid. Moreover, page fees are also paid for each page above 35 pages if the total number of pages of the English description and the translated Danish claims exceed 35 pages.
European patents issued in German or French
A Danish or English translation of the description and drawings must be filed in addition to the Danish claims. If you provide us with a translation, we would appreciate receiving the translation electronically so that we may adapt it to the standards of the Danish Patent Office.
A printing fee must be paid as discussed above.
To summarise, what we require for validation in Denmark:
- The European patent number (or a copy of the Rule 71(3) communication or the “Mention of Grant”)
No Power of Attorney is required.
Validation in Sweden
In order to validate a European patent in Sweden, only the claims must be translated into Swedish if the text is in English. If the European patent is not in English, a translation of the description into English or Swedish must also be filed.
However, a full translation into Swedish may be required if someone is sued for patent infringement in Sweden.
The practical implementation of the new validation procedure in Sweden under the London Agreement involves some practical issues in relation to the filing requirements:
Filing Requirements
European patents issued in English
In order to fulfil the validation requirements for Sweden a text comprising Swedish claims and a reference to the issued B1 publication is sufficient.
When validating a European patent in Sweden, a printing fee is also paid. Moreover, page fees are also paid for each page above 8 pages if the total number of pages of the translated Swedish claims exceed 8 pages.
European patents issued in German or French
A Swedish or English translation of the description and drawings must be filed in addition to the Swedish claims. If you provide us with a translation, we would appreciate receiving the translation electronically so that we may adapt it to the standards of the Swedish Patent Office.
A printing fee must be paid as discussed above.
To summarise, what we require for validation in Sweden:
- The European patent number (or a copy of the Rule 71(3) communication or “Mention of Grant”)
- An electronic version of the issued patent (may be downloaded from European Publication Server) or of a translation into English
- A Power of Attorney from the applicant is required.
Høiberg would be happy to assist you in obtaining patent protection in Sweden. We can provide experienced expertise in translations of the claims of your European patent and take care of the filing at the Swedish Patent and Trademark Office.
Please do not hesitate to contact us if you have any questions.
(Published 17 August 2008)
