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20. 02. 2008.

Effects of London Agreement on the countries of the Balkan region

The London Agreement, which will be in force as from 1 May 2008, with its main objective of reducing translation costs in proceedings for the validation of European Patents, has been signed and accepted by Croatia and Slovenia.  However,  Albania, Bosnia and Herzegovina, Macedonia and Serbia have neither signed it nor made any change in respect to translation requirements for validation of the European Patents.

The most important effect of the London Agreement on Croatian legislation is that the Patent Law of Croatia (Article 108) has been amended to provide that as from 1 May 2008, the requirements relating to translation which must be met by the applicant in order to successfully complete the European Patent validation process in Croatia are the following:

Validation of European Patents filed in English:

    - the applicant must submit to the IPO the translation into Croatian of patent claims.

Validation of European Patents filed in a foreign language, other than English:

   - the applicant must submit to the IPO of Croatia:
     a) Croatian translation of patent claims;
     b) English translation of patent description and claims.

As may be appreciated, as from 1 May 2008, it will not be necessary for the applicant to submit a translation into Croatian of the patent description and claims, but only the Croatian translation of patent claims, provided that the European Patent is filed in English. For those applications filed in a language other than English, the Croatian Patent law provides that apart from translation into Croatian of patent claims, a translation into English of the patent description and claims must be submitted to the Croatian Patent Office within the term of 3 months from the date of publication of the notice of grant of the European Patent.

Slovenia has also accepted the London Agreement.  However, in Slovenia, no change will be made in respect of translation requirements for validation of European Patents. As from 1 May 2008, the same translations of patent claims will be required as they have been to date.

Albania, Bosnia and Herzegovina, Macedonia and Serbia have not signed the London Agreement and therefore, the requirements in respect of translation remain unchanged. In Albania, Bosnia and Herzegovina and Macedonia, applicants must submit a translation of patent claims, while in Serbia, applicants are obliged, in order to complete the European Patent extension requirements, to submit the translation into Serbian of patent description and claims to the Intellectual Property Office.



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