Validation of the European patents on the territory of the Republic of Poland – quality of translation matters.
- Submission of translation of the whole European patent specification to Polish is required under A65(1) for this patent to be effective on the territory of Poland
- Should it happen, that the scope of protection defined by translated claims is narrower than the scope of protection defined by claims in the language of proceedings, polish text is regarded as authentic for infringement matters under A 70(3).
- As claims are to be interpreted with reference to the description, there is a line of interpretation that nullifies scope of protection when serious translation errors of claims occurs or serious terminological discrepancies between claims and description occur. Should translated claims be recognized as incomprehensible the scope of protection might be regarded as null.
- Naturally in such event correction option under A70(4)a is available for the patentee.
- However, correction is effective after publication of corrected specification by PPO under A70(4)+A67(3)a (National law: Ustawa o skutkach patentów europejskich – Art. 7 ust. 3)
- There is no legal time limit for PPO to publish furnished correction of translation – it may take several months.
- Hence, inaccurate translation not verified by patent professional results in a risk of serious delay of the infringement proceeding and limiting a period in which infringement is considered to have taken place.