London Agreement on translations

The London Agreement is an optional agreement concluded on 17 October 2000 between States party to the European Patent Convention (EPC), on the basis of Article 65 EPC. In force since 1 May 2008, it reduces or removes the translation requirements that States may impose on the proprietor of a granted European patent. It has significantly lowered the cost of protection in Europe, of which translation was a major component.

How the Agreement works

The Agreement distinguishes two categories of States. Those having an official language in common with one of the official languages of the EPO, namely German, English and French, waive translation requirements entirely. This is the case for France, Germany, the United Kingdom, Switzerland, Luxembourg and Monaco. The other States may only require a translation of the claims into one of their official languages, and prescribe that the description be supplied in whichever EPO language they designate, most often English. The claims are in any event available in all three EPO languages, since their translation is filed before grant.

The French position

Ratification of the Agreement by France gave rise to a significant debate, concerning the place of the French language and legal certainty for businesses faced with patents drafted in English or German. The Constitutional Council held that the Agreement could be ratified without amending the Constitution. Since its entry into force, a European patent designating France takes effect on French territory without a translation of the description, whatever the language of the proceedings, and validation there involves no language formality.

Translations in the event of a dispute

The Agreement preserves the right of each State to require that, in the event of a dispute, the proprietor supply at its own expense a full translation of the patent into its official language, at the request of the alleged infringer or of the court. French law has retained this option. Before the Unified Patent Court (UPC), language requirements are governed by the Agreement on a Unified Patent Court and its Rules of Procedure, which determine the language of proceedings, and the unitary patent is subject, during a transitional period, to the translation arrangements laid down by Regulation (EU) No 1260/2012.

Key points

The London Agreement has made European protection much less expensive by removing or reducing the translations required after grant. In France, a European patent drafted in English or German takes effect without a translation of the description. For each target country, the remaining requirements should nonetheless be checked, in particular translation of the claims, and the cost of a full translation in the event of litigation should be anticipated.

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This glossary entry is general in scope and does not constitute legal advice.

Dhenne Avocats litigates patent disputes before the Paris Judicial Court, the Paris Court of Appeal and the Unified Patent Court. Where the question arises in a real case, the useful moment is almost always before proceedings are issued.

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