European Patent Reform Tackles Translation Issues
Posted 07/19/2010
In Legal Translation
Filing a European patent is currently an expensive and time-consuming procedure, but recent developments in European patent reform suggest that the process will soon be easier.
Late last year, European Union industry ministers agreed on the creation of a single European patent as well as a centralized court that would deal with disputes over the patents. This single European patent may soon be possible and will benefit both the the European Union as well as companies and individual inventors around the world.
What Is Wrong with the Current European Patent System?
Last year, European Union officials estimated that getting European patent protection in the EU currently costs 11 times as much as it does in the United States.
The high price of filing a European patent is due to the translation costs. A recent EU memo states that the translation of EU patents averages about €80 per page, with the costs of a single patent translation often exceeding €1500.
A European inventor or company often applies for a patent with the European Patent Office in Munich — an office not affiliated directly with the EU. The inventor or company must then pay for the patent translation in each country where the patent will be recognized. Since there is no centralized court for patent disputes, individual legal challenges may arise in each country and may need patent translation in the local language as well.
Until recently, EU industry ministers were divided on what patent translation requirements should be imposed, how certified translation requirements would be enforced and who would be responsible for the cost of the patent translations.
What Progress Has Been Made with European Patent Translation Reform?
The latest proposal would resolve these issues with three languages. A new European patent would be granted in only one major European language: English, French or German, the working languages of both the EU and the European Patent Organization.
The European patent applicant would then be responsible for providing translation only for the other two languages. This single European patent would also negate the need for validation by each individual EU state, saving both time and money — up to €289,000,000 (about $426,000,000) a year!
What Still Has To Be Done?
This new proposal would certainly simplify European patent translation. However, it has already sparked controversy as representatives of Italy and Spain have voiced discontent with the linguistic preference given to English, French and German.
A proposed solution would be to permit members of EU states where none of the three languages have official status to file patent applications in their own language, with the European Patent Organization potentially reimbursing any subsequent translation costs.
This arrangement may cause difficulties between the European Patent Office in Munich and the European Patent Organization. The two groups would have to reach an agreement of what patent translation costs to cover.
Even with these hurdles to clear, it is likely that the single European patent process will be approved soon. By supporting a single European patent, the European Union will remain competitive in a globalized economy.
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July 21st, 2010 at 12:35 pm
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July 26th, 2010 at 10:21 am
A possible solution to the matter of languages for the EU patent could consist in adapting the provisions of the London Agreement on patents (i.e. the agreement on the application of article 65 EPC) to the EU context. Specifically:
1. An EU patent is granted in one or more languages, at least one of which must be English, French or German;
2. Claims must always be translated into English, French and German;
3. An EU patent proposal can be filed in anyone of the 23 official EU languages;
4. A granted EU patent is always enforceable in all EU member states whose official languages include one among English, French or German;
5. Each EU member state whose official languages do not include any among English, French or German, must choose one or more among them, such that: if the languages in which an EU patent is granted include the one chosen (or include at least one among those chosen, in case more than one were chosen), then that patent is enforceable in that member state.
6. A granted EU patent is also enforceable in a given member state if the languages in which the patent was granted include at least one of that member state’s official languages.
7. Independently on the language in which a patent is initially filed, the cost for a single translation into one among English, French or German (chosen by the applicant) shall be refunded by the EU.
8. Independently on the language in which a patent is initially filed, translation costs for the claims into English, French and German shall be refunded by the EU (possibly).