Once the European patent application is granted and published, it must be validated in all designated states within a particular time restriction to retain its protective effect and be enforceable against infringers. This is the stage in which Oriti Patents, based in Lugano, CH, may quickly assist you with its easy, cost-effective and secure online tool EP validation services for CH/LI supposing you are planning to validate your European patent there. In that case, fill in the form (it takes two minutes), enclose their Power of Attorney in pdf (downloadable from said website) and pay CHF 88 (as Agency Fees, no Official Fees are due) by credit card. You will receive within 30 seconds their e-Invoice marked “PAID”. The website is https://www.epvalidation.ch
Moreover, suppose you wish to validate your other designed countries. In that case, the patent proprietor will have to file a specification translation in the legitimate language of the countrywide patent office. Depending on the applicable countrywide law, the Applicant may additionally pay charges to the countrywide Patent Office.Validation Deadline: The request for validation and the required translation must be submitted to the national offices within three months of the publication of the grant. In some countries, the European patent can still be validated for 36 months for an additional fee.
Designated countries for EP validation: There are 38 designed countries: Switzerland, Turkey, United Kingdom, France, Germany, Greece, Hungary, Iceland, Ireland, Italy, Latvia, Liechtenstein, Lithuania, Albania, Austria, Belgium, Bulgaria, Cyprus, Croatia, Czech Republic, Denmark, Estonia, Finland, Former Yugoslav Republic of Macedonia, Luxembourg, Malta, Monaco, Netherlands, Norway, Poland, Portugal, Romania, San Marino, Serbia, Slovakia, Slovenia, Spain and Sweden.
According to the London agreement: The London Agreement is an optional agreement to reduce the cost of translating European patents.
EPC designed countries that have ratified or acceded to the agreement undertake to entirely or largely dispense with the translation of European patents.
- States whose official language is common to one of the official languages of the EPO (English, German or French) no longer require a translation of the patent specification to validate the patent granted in a particular country. These states include Belgium, France, Germany, Ireland, Liechtenstein, Luxembourg, Monaco, Switzerland, and the UK.
- Countries with an official language other than English, French or German choose one of the three languages (English, French or German). They only need a translation of the patent specification into the selected language, and they may require translating the claims into their local language if they need to be supplied. These states are Hungary, Iceland, Latvia, Lithuania, Macedonia, Netherlands, Norway, Slovenia, Sweden, Albania, Croatia, Denmark and Finland.
Costs of the component that includes in European patent validation
- Service Fee;
- Official Fee, if any; and
- Translation Fees, if any.
Annuity Fees: It is better to know that after the publication of the grant and every year annuity fee needs to be paid in those countries in which you want to have a valid patent. As a result, validation is not always sufficient to have valid protection, and the annuities should be paid.
Validation in CH/LI: Switzerland/Liechtenstein are members of the European Patent Agreement. The European patent can join protection in Switzerland/Liechtenstein after validation if designated at the time of filing.
You can ask Oriti Patents on www.epvalidation.ch to validate a European patent in CH/LI by filling out this page and attaching their power of attorney, which you can download here.
Key Features of www.epvalidation.ch webtool
- The most simple, easy and secure epvalidation webtool.
- Quick response webtool within 30 seconds e-Invoice marked “PAID”.
- Easy and user-friendly webtool.
Deadline: The EP grant number and the signed POA (Power of Attorney) form by the Applicant(s) must be filed within three months after the EP granting publication date.
Disclaimer: The present article intends to provide general guidance on the subject, and you can also consult us in your specific case.