Deadline for validating european patent chivalry and dating
Negotiations are ongoing with Angola, Brunei Darussalam, Georgia, Laos, and the African Organisation for Intellectual Property (OAPI).The below analysis provides a quick snapshot of how the validation system can be used by European patent applicants—complementarily to other existing harmonisation and work-sharing mechanisms such as the Global Dossier and Patent Prosecution Highway (detailed analysis here)—as a way to streamline filing processes globally and generate efficiency gains in terms of predictability, time and procedural costs.The request must be confirmed by the payment of a different validation fee for each state (€180 to €240).
The second misconception is that as innovation is driven by the most developed countries, the validation system would be meant to serve foreign interests at the expense of local industries.The validation system also allows the applicants to delay the costs of the decision by confirming the protection or not in the validation states.The applicant has much more time to evaluate the market or the technical obsolescence of the invention and therefore whether it still makes sense, some years later, to confirm after grant the validation in these countries.On the contrary, the strict examination performed by the EPO reduces the number of national patents in comparison to examination systems that operate on the basis of registration, thereby contributing to the protection also of the national economic actors. Only the national laws of each partner office constitute the legal basis.The legal effect of any validated European patent is that of a national patent.
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Many practitioners consider it as somewhat unique, but not surprising.