European Patent (EPO) Validation in San Marino

EPO Validation in SAN MARINO

1. Terms for patent validation in San Marino

The period for filing the translation in 6 months after the date on which the mention of the grant or the decision to maintain the patent as amended is published in the European Patent Bulletin.

The publication fee is deemed to have been paid only when proof of payment has duly been provided. The translation must be accompanied by a copy of the drawings in the EP specification even where there is no textual matter.

2. Conditions for patent validation in San Marino

2.1 Translation

• For provisional protection: it is required a translation of the complete patent specification, in Italian.
• After grant: a translation of the description and claims of the granted patent into Italian must be supplied.

2.2 Payment of patent validation and national registration fees:

There is a special fee to be paid: 100 EUR plus 15 EUR for every page following the 20th page of the translation. Due date for the payment is the date on which translation is filed. The translation is not published until the fee has been paid.

3. Effect of the European patent as a national San Marino patent

Under Article 64(1) EPC, a European patent automatically confers on its proprietor from the date on which the mention of the grant is published in the European Patent Bulletin, in each contracting state in respect of which it is granted, the same rights as would be conferred by a national patent granted in that state.

4. Patent annuities in San Marino

In case that your patent was filed not as EPO (European patent) patent but as PCT (WIPO, international patent), in order to obtain the protection on the national level, you may need to open to your patent to the national phase in San Marino.