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patent term
Posted by Anonymous . updated on 2/26/2009
Hi,
I have a question. After EP patent gets B1 (granted), when must this patent enter into national phase for application?
Secondly, In EP patent, if a country is not designated, this patent does not enter to that country anytime in patent term?
Thanks,
Answers (1)
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alconada
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First question:
Once the EP patent is granted, the effects of the patent in the different designated States do not ensue until the applicant files a translation of the patent into the official language of the State (the so-called validation process). The time limits for filing the translation, fees involved an remedies in case of non-compliance are different in each State and are summarised in the brochure published by the EPO (google for EPO National Law). If the patent is granted in the official language of a designated State, the effects of the patent start inmediately.
Second question:
If the State is not designated, the patent can not be validated in such State, so that the patent will not have legal effect in the State.
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