The aim of these articles is to keep our Clients and Associates updated about developments in the sector of Intellectual Property in general and our firm in particular. In this way, we wish to provide a broader view of the tools that the field of trade marks, domain names, patents, designs and related rights offers to entrepreneurs to enhance and protect their efforts in researching and developing new solutions and ideas.
Patent protection in Europe
Dear Colleagues,
One year has passed since the start of the Unitary Effect for European patents, and an increasing number of patentees are choosing this path rather than validation in the countries of interest.
When choosing the Unitary Effect, however, it should be borne in mind that not all the EPC Contracting States are also parties to the UPC Agreement.
The Republic of San Marino is among those countries where EP Unitary Effect does not apply, and hence EP validation is still required for a European patent to be protected in this country.
The good news is that the Republic of San Marino is an Italian-speaking country, and thus an Italian translation can be used both for validating a European patent in this jurisdiction and for satisfying the requisite imposed by the UP regime of translations 1.
In the light of the above, your clients might consider having an Italian translation of the European patent prepared, which could be used both for requesting the Unitary Effect and for validating the patent in San Marino.
Please do not hesitate for any information, cost estimate or assistance you may need in the above matter.
1 During a transitional period of six years (which may be extended up to a maximum of 12 years), the patent proprietor must file a translation of the European patent specification:
- into English if the language of the proceedings before the EPO was French or German
- into any other official language of an EU member state if the language of the proceedings was English.