The European Union’s unitary patent system allows applicants to submit their patents in one of three official EU languages, French, English or German. However, recently changes were made to Belgian patent translation requirements regarding the submission of patent applications.
What is Required by European Patent Law?
In the European Union (EU), patent law is regulated by the European Patent Office (EPO). This organization legislates over patent regulations in all 28 EU member states. In accordance with the unitary patent system, there are three official working languages: English, French and German. Thus, following Article 65 of the European Patent Convention (EPC), in order to apply for a patent, translation must be provided in at least one of the EPO’s three official languages (or another specified language if the European state so requires).
The period of time within which a patent translation must be provided is up to three months after the patent has been published in the European Patent Bulletin, unless the concerned state allows a longer period. Filing a patent in the EU also provides the applicant with provisional protection for his or her work. However, not every EU member state is obliged to accept this provisional protection if it has not been filed in the country’s official language. This means that European patent translation in other languages may still be a requirement.
Changes in Belgian Patent Translation Requirements
Following the implementation of Article 65, Belgian patent translation requirements stated that a patent must be written in at least one of its official languages (French, German or Dutch). In the past if the patent was originally written, for example, in English, filing a translation was mandatory. For patents written in German and/or French, although advisable to submit the Dutch translation to avoid legal uncertainty, further translation was not a requirement.
However, the country has recently introduced some changes in how patent law operates. For patents issued on or after January 1, 2017, translation into one of the official languages is no longer required if the patent is granted in English. If the patent was published in the European Patent Bulletin before January 1st however, translation into one of the three official languages must still be filed with the Belgian Office for Intellectual Property. The translation for requirements for provisional protection will also remain the same – you will need to file a translated version of the claims with the Belgian OPRI.
Changes to patent translation requirements in Belgium come as an anticipated result of the country joining in on the London Agreement – an optional patent law agreement between certain European member states that aims to reduce the overall costs of patent translation under the European Patent Convention. The goal of the agreement is lessen the standard translation requirements. In effect, it aims to reduce what are viewed as costly language barriers lowering the motivation to apply for patents, and as such European innovation and competition overall.
On The Matter of Patent Translation
Patent translation services are a delicate matter. A patent law translator must bear in mind that he or she is translating a document containing someone’s original idea and his or her desire to protect it. In the case of patent translation for the EU, it would be advisable to hire an agency specializing in professional translation services. A professional translator is not only proficient in both the source and target languages, but also has extensive knowledge of EU patent law and institutions. This will ensure that your patent will not run the risk of not being enforceable due to improper language.
At Language Connections we have been providing professional patent translation and interpreting services for over 20 years. All of our translators are subject matter experts, and have passed a rigorous qualification process. We have expertise in all major industries including patent and immigration law, international business, the life sciences, global education, and advanced technology.
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About Language Connections:
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