Andorra: New Patent Law and Possible Validation Agreement With EPO

Andorra flagAndorra is currently negotiating an agreement with the European Patent Office (EPO) for the validation of European patents in this country, as well as to become a member state of the Patent Cooperation Treaty (PCT). Both agreements may enter into force by the end of 2016 or during the first half of 2017.

Additionally, as from January 25, 2016 it will be possible to protect inventions through a direct national patent filing in Andorra. National patent applications will not be substantively examined in Andorra unless it is considered that there is an obvious lack of novelty. Therefore, the procedure is generally a simple depositary system.

Moreover, there will be a requirement for proof of novelty, inventive step and industrial applicability before any actions can be taken to enforce patent rights in Andorra.

Andorran patent applications may be filed in Catalan, Spanish, English or French language. However, if applications are filed in Spanish, French or English, it will be necessary to file a translation of the claims in Catalan.

Since Andorra is a member state of the Paris Convention (PC), a 12-month priority right can be claimed for any patent application(s) previously filed in any member state of the PC or the World Trade Organization (WTO).

Foto: © Alessandro Grussu, [CC BY-NC-ND 2.0]

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