Key Benefits:
President of the Republic,
On the report of the Prime Minister and the Minister for Foreign and European Affairs,
Considering articles 52 to 55 of the Constitution;
Vu la Act No. 2007-1477 of 17 October 2007 authorizing the ratification of the agreement on the application of Article 65 of the Convention on the Grant of European Patents;
Vu le Decree No. 53-192 of 14 March 1953 amended on the ratification and publication of international commitments undertaken by France;
Vu le Decree No. 77-1151 of 27 September 1977 publishing the Convention on the Grant of European Patents of 5 October 1973,
Decrete:
The agreement on the application of Article 65 of the European Patent Agreement, made in London on 17 October 2000, will be published in the Official Journal of the French Republic.
The Prime Minister and the Minister for Foreign and European Affairs are responsible for the execution of this decree, which will be published in the Official Journal of the French Republic.
A C C O R D
SUR ARTICLE 65 OF THE CONVENTION
SUR LA DÉLIVRANCE DE BREVETS EUROPÉENS
The States Parties to this Agreement,
As States parties to the Convention on the Grant of European Patents (European Patent Convention) of 5 October 1973;
Reaffirming their desire to strengthen cooperation among European States in the field of the protection of inventions;
Considering Article 65 of the European Patent Convention;
Acknowledging the importance of the objective of reducing costs associated with translation of European patents;
Stressing the need for broad adherence to this objective;
Determined to contribute effectively to such cost reduction;
agreed on the following provisions:
Article 1
Waiver of translation requirements
1. Any State Party to this Agreement having an official language in common with one of the official languages of the European Patent Office shall waive the translation requirements of Article 65, paragraph 1, of the European Patent Convention.
2. Any State Party to this Agreement having no official language in common with any of the official languages of the European Patent Office shall waive the translation requirements provided for in Article 65, paragraph 1, of the European Patent Convention, if the European patent has been granted in the official language of the European Patent Office prescribed by that State, or translated into that language, and provided in the conditions provided for in Article 65, paragraph 1, of the European Patent Convention.
3. The States referred to in paragraph 2 retain the right to require that a translation of claims in one of their official languages be provided under the conditions provided for in Article 65, paragraph 1, of the European Patent Convention.
4. This Agreement shall not be interpreted with a view to restricting the right of States parties to this Agreement to waive any requirement for translation or to apply the rules that are less restrictive than those referred to in paragraphs 2 and 3.
Article 2
Translations in case of litigation
This Agreement shall not be interpreted with a view to restricting the right of States parties to this Agreement to prescribing that, in the event of a European patent dispute, the patent holder shall, at his or her own expense, provide
(a) at the request of the alleged infringer, a complete translation of the patent in an official language of the State where the alleged infringement of the patent took place,
(b) at the request of the competent court or a quasi-jurisdictional authority in the course of a procedure, a complete translation of the patent into an official language of the State concerned.
Article 3
Signature. - Ratification
1. This Agreement shall be open until 30 June 2001 for signature by any State Party to the European Patent Convention.
2. This Agreement is subject to ratification. The instruments of ratification are deposited with the Government of the Federal Republic of Germany.
Article 4
Access
After the expiration of the period of signature referred to in Article 3, paragraph 1, this Agreement shall be open to the accession of any State Party to the European Patent Convention and any State authorized to accede to the Convention. The instruments of accession are deposited with the Government of the Federal Republic of Germany.
Article 5
Prohibition of reservations
No State Party to this Agreement may make reservations to it.
Article 6
Entry into force
1. This Agreement comes into force on the first day of the fourth month following the deposit of the last instruments of ratification or accession of eight States parties to the European Patent Convention, including the three States in which the largest number of European patents took effect in 1999.
2. Any ratification or accession after the entry into force of this Agreement shall take effect on the first day of the fourth month following the deposit of the instrument of ratification or accession.
Article 7
Duration of the agreement
This Agreement shall be concluded without limitation of time.
Article 8
Denunciation
Any State Party to this Agreement may at any time denounce it, provided that it has been in force for three years. The denunciation is notified to the Government of the Federal Republic of Germany. It shall take effect upon the expiry of the period of one year from the date of receipt of that notification. In this case, it is not infringed on the rights acquired prior to the taking of effect of this denunciation.
Article 9
Scope
This Agreement applies to European patents for which the mention of grant was published in the European Patent Bulletin, after the agreement entered into force for the State concerned.
Article 10
Languages of the agreement
This Agreement shall be in a copy in the German, English and French languages, which shall be deposited with the Government of the Federal Republic of Germany, the three texts being equally authentic.
Article 11
Communications and notifications
1. The Government of the Federal Republic of Germany shall prepare certified copies of this Agreement and transmit them to the governments of the signatories or members.
2. The Government of the Federal Republic of Germany shall notify the governments of the States referred to in paragraph 1:
(a) signatures;
(b) the deposit of any instrument of ratification or accession;
(c) the effective date of this Agreement;
(d) any denunciation received under section 8 and the date on which it takes effect.
3. The Government of the Federal Republic of Germany shall register this Agreement with the Secretariat of the United Nations.
In faith of what the Plenipotentiaries designated for this purpose, after having submitted their full powers, recognized in due form, have signed this Agreement.
Done in London on 17 October 2000 in an original copy, in German, English and French, all texts being equally authentic.
Done in Paris, 20 May 2008.
Nicolas Sarkozy
By the President of the Republic:
The Prime Minister,
François Fillon
Minister for Foreign Affairs
and European,
Bernard Kouchner
