Validating european patent

Basically, for a European Patent (EP) to proceed, two matters must be dealt with: The patent must be "validated" in whichever of the designated countries are now required by the applicant - for almost all countries this requires the preparation and filing of a translation of the entire patent specification into an official language of that country.

A more detailed explanation of each step is given below.

A copy of the text for the patent proposed by the EPO is attached to the communication, often including amendments proposed by the Examiner.

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Therefore each of these countries is required to nominate one of the three EPO languages (currently all nominate English), into which the translation of the description is necessary in the event that the patent is published in one of the other two EPO languages.

The European Patent Convention, however, means that the national patents cannot be rejected and will be considered to have been in force from the European Grant Date, so long as all requirements and deadlines are met, and any annuity (renewal) requirements have been satisfied.

Switzerland and Liechtenstein are, for the purposes of validation, usually considered to be one state due to the bilateral agreement meaning any patent granted in Switzerland is also considered to be valid in Liechtenstein.

A more detailed explanation of the steps involved is given below.

This is a letter from the EPO which indicates that the application is allowable.


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