European Patent (EPO) Validation in United Kingdom

1. Terms for patent validation in The United Kingdom

The period for filing the translation in 3 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.

An address for service in the European Economic Area or Channel Islands should be given when filing the translation, or for other proceedings.

In the absence of a notification of an address for service, the applicant’s address on the register will be treated as the address for service.

2. Conditions for patent validation in The United Kingdom

2.1 Translation – In The United Kingdom, no translation of the specification of the European patent needs to be supplied (status: 1 May 2008). Under Article 64(1) EPC, the European patent automatically confers on its proprietor from the date the mention of its grant is published in the European Patent Bulletin, the same rights as would be conferred by a national patent granted in that state.

• For provisional protection: a translation in English must be filed.
• After grant: no translation is required.

2.2 Payment of patent validation and national registration fees:

There is no special fee to be paid.

3. Effect of the European patent as a national UK 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 the United Kingdom

• Due date: last day of the month in which the date of filing occured.
• Time limit for payment (without surcharge): where the date of publication in the European Patent Bulletin of the mention of grant of the patent occurs less than 3 months before an anniversary of the date of filing, the first renewal fee due on the patent following mention of grant may be pai dup to the last day of the third whole calendar month after the date of publication in the Bulletin without any additional fee being changed.
• Earliest possible date for payment: payment may not be made more than 3 months before due date.
• Period of grace for payment of fees (with surcharge): 6 months from due date.

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 the United Kingdom.