The validation process generally includes a high-quality, technically qualified translation of all or part of the patent, payment of taxes and filing of documents within a specified period, usually three months from the date of European issuance. We do not pay a renewal and validation fee unless we are mandated to do so. 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. 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. Switzerland and Liechtenstein are generally considered a state for validation under the bilateral agreement, which means that any patent issued in Switzerland is also considered valid in Liechtenstein. If the renewal or validation fee is paid for a country, the patent holder can, when issuing the European patent, confirm his patent in that country by submitting the necessary translations and paying the necessary taxes. The procedure is similar to obtaining a patent through the EPO in Member States such as Spain or Italy.
The full list of validation agreements concluded by the European Patent Organisation is in the following table: The EPO now has a series of agreements with countries called “validation agreements”. These countries are available as a validation statement for applications filed on or after the relevant date or date. The validation fee works in the same way as the extension fee. Cambodia, the first AmDc to enter into a validation agreement with the EPO, has excluded drug patents from patentability in its national law. The agreement with the EPO recognises this as follows: Agreement between the Government of the Kingdom of Morocco and the European Patent Organization on the validation of European patents (validation agreement) Most countries require that the applicant of the validation application have obtained an appropriate power of the applicant with respect to the formalities required for the patent issued 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 European Patent Convention is “a special convention within the meaning of Article 19 of the Convention on Cooperation in the Protection of Industrial Property and a Regional Patent, signed in Paris on 20 March 1883 and last revised on 14 July 1967, under Article 45, paragraph 1, of the Patent Cooperation Treaty.” [27] The European Patent Convention does not currently result in the granting of central patents in the 38 countries, while the European Union patent would have a unitary effect: central applicability in 24 of the 27 countries of the European Union. The EPO has concluded validation agreements with Morocco (2010 March 1, 2015), the Republic of Moldova (2013, November 1, 2015), Tunisia (2014, December 1, 2017), Cambodia (2017, March 1, 2018) and Georgia (2018), which has not yet entered into force in 2018). Much of the cost of validation is related to the creation of translations, for a good reason. Rules on the importance of translation accuracy vary from country to country.
In some cases, the original text is reset to litigation or infringement rights, but in others, this is not the case, or at least there are interpretations that third-party rights may arise during the period during which an inaccurate translation is in effect.