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31.12.2012 Official
Journal
of
the
European
Union L
361/89
COUNCIL REGULATION (EU) No 1260/2012
of 17 December 2012
implementing enhanced cooperation in the area of the creation of unitary patent protection with
regard to the applicable translation arrangements
THE COUNCIL OF THE EUROPEAN UNION,
5 October 1973, as revised on 17 December 1991 and
on 29 November 2000 (hereinafter ‘EPC’) should, at the
request of the patent proprietor, benefit from unitary
effect in the participating Member States.
Having regard to the Treaty on the Functioning of the European
Union, and in particular the second paragraph of Article 118
thereof,
(3) Translation
arrangements
for
European
patents
benefiting
from unitary effect in the participating Member States
(hereinafter ‘European patent with unitary effect’) should
Having regard to Council Decision 2011/167/EU of 10 March
be established by means of a separate Regulation, in
2011 authorising enhanced cooperation in the area of the
accordance with the second paragraph of Article 118
creation of unitary patent protection ( 1 ),
of the Treaty on the Functioning of the European
Union (TFEU).
Having regard to the proposal from the European Commission,
(4) In
accordance
with
Decision
2011/167/EU
the
trans
lation arrangements for European patents with unitary
effect should be simple and cost-effective. They should
After transmission of the draft legislative act to the national
correspond to those provided for in the proposal for a
parliaments,
Council Regulation on the translation arrangements for
the European Union patent, presented by the
Commission on 30 June 2010, combined with the
elements of compromise proposed by the Presidency in
Having regard to the opinion of the European Parliament,
November 2010 that had wide support in the Council.
Acting in accordance with a special legislative procedure,
(5) Such
translation
arrangements
should
ensure
legal
certainty and stimulate innovation and should, in
particular, benefit small and medium-sized enterprises
Whereas:
(SMEs). They should make access to the European

patent with unitary effect and to the patent system as
a whole easier, less costly and legally secure.
(1) Pursuant
to
Decision
2011/167/EU,
Belgium,
Bulgaria,
the Czech Republic, Denmark, Germany, Estonia,
Ireland, Greece, France, Cyprus, Latvia, Lithuania,
(6)
Since the EPO is responsible for the grant of European
Luxembourg, Hungary, Malta, the Netherlands, Austria,
patents, the translation arrangements for the European
Poland, Portugal, Romania, Slovenia, Slovakia, Finland,
patent with unitary effect should be built on the
Sweden and the United Kingdom (hereinafter "partici
current procedure in the EPO. Those arrangements
pating Member States") were authorised to establish
should aim to achieve the necessary balance between
enhanced cooperation between themselves in the area
the interests of economic operators and the public
of the creation of unitary patent protection.
interest, in terms of the cost of proceedings and the
availability of technical information.
(2) Under
Regulation
(EU)
No
1257/2012
of
the
European
Parliament and of the Council of 17 December 2012
(7) Without
prejudice
to
the
transitional
arrangements,
implementing enhanced cooperation in the area of the
where the specification of a European patent with
creation of unitary patent protection ( 2 ), certain European
unitary effect has been published in accordance with
patents granted by the European Patent Office (here
Article 14(6) of the EPC, no further translations should
inafter ‘EPO’) under the rules and procedures of the
be required. Article 14(6) of the EPC provides that the
Convention on the Grant of European Patents of
specification of a European patent is published in the
language of the proceedings before the EPO and
( 1 ) OJ L 76, 22.3.2011, p. 53.
includes a translation of the claims into the other two
( 2 ) See page 1 of this Official Journal.
official languages of the EPO.

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L 361/90
EN
Official Journal of the European Union
31.12.2012
(8)
In the event of a dispute concerning a European patent
key feature of European Union policy. Such machine
with unitary effect, it is a legitimate requirement that the
translations should serve for information purposes only
patent proprietor at the request of the alleged infringer
and should not have any legal effect.
should provide a full translation of the patent into an
official language of either the participating Member State
in which the alleged infringement took place or the
Member State in which the alleged infringer is domiciled.
(12) During
the
transitional
period,
before
a
system
of
high
The patent proprietor should also be required to provide,
quality machine translations into all official languages of
at the request of a court competent in the participating
the Union becomes available, a request for unitary effect
Member States for disputes concerning the European
as referred to in Article 9 of Regulation (EU) No
patent with unitary effect, a full translation of the
1257/2012 should be accompanied by a full translation
patent into the language used in the proceedings of
of the specification of the patent into English where the
that court. Such translations should not be carried out
language of the proceedings before the EPO is French or
by automated means and should be provided at the
German, or into any official language of the Member
expense of the patent proprietor.
States that is an official language of the Union where
the language of the proceedings before the EPO is
English. Those arrangements would ensure that during
a transitional period all European patents with unitary
effect are made available in English which is the
(9)
In the event of a dispute concerning a claim for damages,
language customarily used in the field of international
the court hearing the dispute should take into
technological research and publications. Furthermore,
consideration the fact that, before having been provided
such arrangements would ensure that with respect to
with a translation in his own language, the alleged
European patents with unitary effect, translations would
infringer may have acted in good faith and may have
be published in other official languages of the partici
not known or had reasonable grounds to know that he
pating Member States. Such translations should not be
was infringing the patent. The competent court should
carried out by automated means and their high quality
assess the circumstances of the individual case and, inter
should contribute to the training of translation engines
alia, should take into account whether the alleged
by the EPO. They would also enhance the dissemination
infringer is a SME operating only at local level, the
of patent information.
language of the proceedings before the EPO and,
during the transitional period, the translation submitted
together with the request for unitary effect.
(13) The transitional period should terminate as soon as high
quality machine translations into all official languages of
the Union are available, subject to a regular and objective
(10) In
order
to
facilitate
access
to
European
patents
with
evaluation of the quality by an independent expert
unitary effect, in particular for SMEs, applicants should
committee established by the participating Member
be able to file their patent applications at the EPO in any
States in the framework of the European Patent Organi
official language of the Union. As a complementary
sation and composed of the representatives of the EPO
measure, certain applicants obtaining European patents
and the users of the European patent system. Given the
with unitary effect, having filed a European patent appli
state of technological development, the maximum period
cation in one of the official languages of the Union,
for the development of high quality machine translations
which is not an official language of the EPO, and
cannot be considered to exceed 12 years. Consequently,
having their residence or principal place of business
the transitional period should lapse 12 years from the
within a Member State, should receive additional
date of application of this Regulation, unless it has been
reimbursements of the costs of translating from the
decided to terminate that period earlier.
language of the patent application into the language of
the proceedings of the EPO, beyond what is currently in
place at the EPO. Such reimbursements should be admin
istered by the EPO in accordance with Article 9 of Regu
(14) Since
the
substantive
provisions
applicable
to
a
European
lation (EU) No 1257/2012.
patent with unitary effect are governed by Regulation

(EU) No 1257/2012 and are completed by the trans
lation arrangements provided for in this Regulation,
this Regulation should apply from the same date as
Regulation (EU) No 1257/2012.
(11) In
order
to
promote
the
availability
of
patent
information
and the dissemination of technological knowledge,
machine translations of patent applications and specifi
cations into all official languages of the Union should be
(15) This Regulation is without prejudice to the rules
available as soon as possible. Machine translations are
governing the languages of the Institutions of the
being developed by the EPO and are a very important
Union established in accordance with Article 342 of
tool in seeking to improve access to patent information
the TFEU and to Council Regulation No 1 of 15 April
and to widely disseminate technological knowledge. The
1958 determining the languages to be used by the
timely availability of high quality machine translations of
European Economic Community ( 1 ). This Regulation is
European patent applications and specifications into all
based on the linguistic regime of the EPO and should
official languages of the Union would benefit all users of
the European patent system. Machine translations are a
( 1 ) OJ 17, 6.10.1958, p. 385/58.

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EN
31.12.2012 Official
Journal
of
the
European
Union L
361/91
not be considered as creating a specific linguistic regime
2. A
request
for
unitary
effect
as
referred
to
in
Article
9
of
for the Union, or as creating a precedent for a limited
Regulation (EU) No 1257/2012 shall be submitted in the
language regime in any future legal instrument of the
language of the proceedings.
Union.
Article 4
(16) Since the objective of this Regulation, namely the
creation of a uniform and simple translation regime for
Translation in the event of a dispute
European patents with unitary effect, cannot be suffi
1. In
the
event
of
a
dispute
relating
to
an
alleged
ciently achieved by the Member States and can therefore,
infringement of a European patent with unitary effect, the
by reasons of the scale and effects of this Regulation, be
patent proprietor shall provide at the request and the choice
better achieved at Union level, the Union may adopt
of an alleged infringer, a full translation of the European patent
measures, where appropriate by means of enhanced
with unitary effect into an official language of either the partici
cooperation, in accordance with the principle of
pating Member State in which the alleged infringement took
subsidiarity as set out in Article 5 of the Treaty on
place or the Member State in which the alleged infringer is
European Union. In accordance with the principle of
domiciled.
proportionality, as set out in that Article, this Regulation
does not go beyond what is necessary in order to achieve
that objective,
2. In
the
event
of
a
dispute
relating
to
a
European
patent
with unitary effect, the patent proprietor shall provide in the
course of legal proceedings, at the request of a court competent
HAS ADOPTED THIS REGULATION:
in the participating Member States for disputes concerning
European patents with unitary effect, a full translation of the
patent into the language used in the proceedings of that court.
Article 1
Subject matter
3. The
cost
of
the
translations
referred
to
in
paragraphs
1
This Regulation implements enhanced cooperation in the area
and 2 shall be borne by the patent proprietor.
of the creation of unitary patent protection authorised by
Decision No 2011/167/EU with regard to the applicable trans
lation arrangements.
4. In
the
event
of
a
dispute
concerning
a
claim
for
damages,
the court hearing the dispute shall assess and take into consider
Article 2
ation, in particular where the alleged infringer is a SME, a
natural person or a non-profit organisation, a university or a
Definitions
public research organisation, whether the alleged infringer acted
without knowing or without reasonable grounds for knowing,
For the purposes of this Regulation, the following definitions
that he was infringing the European patent with unitary effect
shall apply:
before having been provided with the translation referred to in
paragraph 1.
(a) ‘European patent with unitary effect’ means a European
patent which benefits from unitary effect in the participating
Member States by virtue of Regulation (EU) No 1257/2012;
Article 5
Administration of a compensation scheme
1. Given
the
fact
that
European
patent
applications
may
be
(b) ‘Language of the proceedings’ means the language used in
filed in any language under Article 14(2) of the EPC, the partici
the proceedings before the EPO as defined in Article 14(3)
pating Member States shall in accordance with Article 9 of
of the Convention on the Grant of European Patents of
Regulation (EU) No 1257/2012, give, within the meaning of
5 October 1973, as revised on 17 December 1991 and
Article 143 of the EPC, the EPO the task of administering a
on 29 November 2000 (hereinafter ‘EPC’).
compensation scheme for the reimbursement of all translation
costs up to a ceiling, for applicants filing patent applications at
the EPO in one of the official languages of the Union that is not
an official language of the EPO.
Article 3
Translation arrangements for the European patent with
unitary effect
2. The
compensation
scheme
referred
to
in
paragraph
1
shall
1. Without prejudice to Articles 4 and 6 of this Regulation,
be funded through the fees referred to in Article 11 of Regu
where the specification of a European patent, which benefits
lation (EU) No 1257/2012 and shall be available only for SMEs,
from unitary effect has been published in accordance with
natural persons, non-profit organisations, universities and public
Article 14(6) of the EPC, no further translations shall be
research organisations having their residence or principal place
required.
of business within a Member State.

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L 361/92
EN
Official Journal of the European Union
31.12.2012
Article 6
Union as developed by the EPO. This expert committee shall be
established by the participating Member States in the framework
Transitional measures
of the European Patent Organisation and shall be composed of
1. During
a
transitional
period
starting
on
the
date
of
appli
representatives of the EPO and of the non-governmental organi
cation of this Regulation a request for unitary effect as referred
sations representing users of the European patent system invited
to in Article 9 of Regulation (EU) No 1257/2012 shall be
by the Administrative Council of the European Patent Organi
submitted together with the following:
sation as observers in accordance with Article 30(3) of the EPC.
(a) where the language of the proceedings is French or German,
4. On the basis of the first of the evaluations referred to in
a full translation of the specification of the European patent
paragraph 3 of this Article and every two years thereafter on
into English; or
the basis of the subsequent evaluations, the Commission shall
present a report to the Council and, if appropriate, make
(b) where the language of the proceedings is English, a full
proposals for terminating the transitional period.
translation of the specification of the European patent
into any other official language of the Union.
5. If the transitional period is not terminated on the basis of
a proposal of the Commission, it shall lapse 12 years from the
2. In
accordance
with
Article
9
of
Regulation
(EU)
No date of application of this Regulation.
1257/2012, the participating Member States shall give, within
the meaning of Article 143 of the EPC, the EPO the task of
publishing the translations referred to in paragraph 1 of this
Article 7
Article as soon as possible after the date of the submission of a
request for unitary effect as referred to in Article 9 of Regu
Entry into force
lation (EU) No 1257/2012. The text of such translations shall
have no legal effect and shall be for information purposes only.
1. This
Regulation
shall
enter
into
force
on
the
twentieth
day
following that of its publication in the Official Journal of the
European Union.
3. Six
years
after
the
date
of
application
of
this
Regulation
and every two years thereafter, an independent expert
committee shall carry out an objective evaluation of the avail
2. It
shall
apply
from
1
January
2014
or
the
date
of
entry
ability of high quality machine translations of patent appli
into force of the Agreement on a Unified Patent Court,
cations and specifications into all the official languages of the
whichever is the later.
This Regulation shall be binding in its entirety and directly applicable in the participating
Member States in accordance with the Treaties.
Done at Brussels, 17 December 2012.
For the Council
The President
S. ALETRARIS

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