Epo Validation Agreements

We do not pay a renewal and validation fee unless we are mandated to do so. In order to extend a European patent application to a validation state, the validation fee must be paid for that state. The time to pay each validation fee is the same as the deadline for payment of the designation fee. During the history of the CBE, some non-signatory states have entered into cooperation agreements with the European Patent Organisation, known as prorogation or validation agreements. These states then became „enlargement states” or „validation countries”, meaning that European patents issued by the EPO can be extended to these countries through the payment of additional taxes and the completion of certain formalities. These cooperation agreements are concluded by the President of the European Patent Office, on behalf of the European Patent Organisation, in accordance with Article 33 (4) CBE, are not based on „direct application of the EBE, but only on national law provided for by the EUC”[21] and are available to support the determination of national property rights in these states. [22] As in the EPO`s contracting states, the rights granted to European patents, which are validated/extended to those states, are the same as national patents in those states. However, the extension of a European patent or a European patent application to these states is „not the jurisdiction of the EPO`s boards of appeal.” [23] Most countries require that the validation registrant have obtained an appropriate mandate from the applicant for the formalities required for the particular patent in the given country. Some countries allow general powers, which allows the lawyer to act on behalf of an applicant with respect to all their patents. In some cases, the signed attorney document must be attached to the validation request and, in other cases, this is not necessary or may be filed later or simply retained for further submission. The time limit for the payment of all renewal and validation fees is the same date as the designation fee.

You should therefore tell us the desired extension and/or validation statements when indicating the designation fee. If the designation has been paid in a timely manner, the additional time to pay the extension and validation fee with a surcharge is set within two months of maturity. The EPO does not provide us with this additional time. For more information on the extension/validation system, please see the review guidelines: extension and validation of European patent applications and patents granted to states that are not parties to the EUC (Guidelines for examination A-III, 12) The validation procedure generally includes a technically quality translation of all or part of the patent, payment of taxes and filing of documents within a specified period of time – usually three months from the date.

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