KudoZ home » Spanish to English » Law: Patents, Trademarks, Copyright

mención

English translation: mention [EU] / notice [UK] (of the grant)

Advertisement

Login or register (free and only takes a few minutes) to participate in this question.

You will also have access to many other tools and opportunities designed for those who have language-related jobs
(or are passionate about them). Participation is free and the site has a strict confidentiality policy.
GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
Spanish term or phrase:mención
English translation:mention [EU] / notice [UK] (of the grant)
Entered by: Lorraine Bathurst
Options:
- Contribute to this entry
- Include in personal glossary

08:50 Feb 28, 2012
Spanish to English translations [PRO]
Law/Patents - Law: Patents, Trademarks, Copyright / Claim
Spanish term or phrase: mención
For UK
This is a lawsuit involving a patented product.

...se alega por la demandada que ha actuado de buena fe dado que la demandada ha iniciado la comercialización de lo producto antes de que se hubiera publicado el folleto con las reivindicaciones de product puesto que en fecha XXXX no se había publicado el folleto sino solamente la **mención**.

Is there a specific term here for 'mención' in the context of patents?

Thanks
Lorraine Bathurst
United Kingdom
Local time: 21:13
mention [EU] / notice [UK] (of the grant)
Explanation:
Publication of the "mención" in the official bulletin or gazette marks the beginning of the nine-month "opposition" period, during which others can contest the allowability of the patent.

"cualquier persona puede oponerse a la concesión de la patente europea concedida ante la OEP dentro de los nueve meses posteriores a la publicación de la mención de la concesión de la patente".
http://www.oepm.es/export/sites/oepm/comun/documentos_relaci...

In European patents, this is called the mention of the grant:

"Legal effect of mentions in the European Patent Bulletin
At the end of the grant procedure, the decision to grant a European patent takes legal effect only from the day when the European Patent Bulletin mentions the grant. [...] The publication of this mention also marks the start of the nine-month period for giving notice of opposition to the patent to the EPO."
http://en.wikipedia.org/wiki/European_Patent_Bulletin

"If the examining division decides that a patent can be granted, it issues a decision to that effect. A mention of the grant is published in the European Patent Bulletin [...] Once the mention of the grant is published, the patent has to be validated in each of the designated states within a specific time limit to retain its protective effect and be enforceable against infringers."
http://www.epo.org/applying/basics.html

The same term is used in UK legislation:

"Subject to the provisions of this Act, a European patent (UK) shall, as from the publication of the mention of its grant in the European Patent Bulletin, be treated for the purposes of Parts I and III of this Act as if it were a patent under this Act granted in pursuance of an application made under this Act and as if notice of the grant of the patent had, on the date of that publication, been published under section 24 above in the journal"
Patents Act 1977, Sec. 77(1)
http://www.ipo.gov.uk/practice-sec-077.pdf

The equivalent UK term, as we can see here, is "notice"; see Section 24 of the Patents Act:
"24.-(1) As soon as practicable after a patent has been granted under this Act the comptroller shall publish in the journal a notice that it has been granted."
http://www.ipo.gov.uk/patentsact1977.pdf
Selected response from:

Charles Davis
Spain
Local time: 22:13
Grading comment
What James said. Thanks
4 KudoZ points were awarded for this answer

Advertisement


Summary of answers provided
4 +1mention [EU] / notice [UK] (of the grant)
Charles Davis


  

Answers


1 hr   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +1
mention [EU] / notice [UK] (of the grant)


Explanation:
Publication of the "mención" in the official bulletin or gazette marks the beginning of the nine-month "opposition" period, during which others can contest the allowability of the patent.

"cualquier persona puede oponerse a la concesión de la patente europea concedida ante la OEP dentro de los nueve meses posteriores a la publicación de la mención de la concesión de la patente".
http://www.oepm.es/export/sites/oepm/comun/documentos_relaci...

In European patents, this is called the mention of the grant:

"Legal effect of mentions in the European Patent Bulletin
At the end of the grant procedure, the decision to grant a European patent takes legal effect only from the day when the European Patent Bulletin mentions the grant. [...] The publication of this mention also marks the start of the nine-month period for giving notice of opposition to the patent to the EPO."
http://en.wikipedia.org/wiki/European_Patent_Bulletin

"If the examining division decides that a patent can be granted, it issues a decision to that effect. A mention of the grant is published in the European Patent Bulletin [...] Once the mention of the grant is published, the patent has to be validated in each of the designated states within a specific time limit to retain its protective effect and be enforceable against infringers."
http://www.epo.org/applying/basics.html

The same term is used in UK legislation:

"Subject to the provisions of this Act, a European patent (UK) shall, as from the publication of the mention of its grant in the European Patent Bulletin, be treated for the purposes of Parts I and III of this Act as if it were a patent under this Act granted in pursuance of an application made under this Act and as if notice of the grant of the patent had, on the date of that publication, been published under section 24 above in the journal"
Patents Act 1977, Sec. 77(1)
http://www.ipo.gov.uk/practice-sec-077.pdf

The equivalent UK term, as we can see here, is "notice"; see Section 24 of the Patents Act:
"24.-(1) As soon as practicable after a patent has been granted under this Act the comptroller shall publish in the journal a notice that it has been granted."
http://www.ipo.gov.uk/patentsact1977.pdf

Charles Davis
Spain
Local time: 22:13
Native speaker of: Native in EnglishEnglish
PRO pts in category: 36
Grading comment
What James said. Thanks

Peer comments on this answer (and responses from the answerer)
agree  James A. Walsh: Nice refs! ;-)
2 hrs
  -> Thanks, James ;)
Login to enter a peer comment (or grade)




Return to KudoZ list


KudoZ™ translation help
The KudoZ network provides a framework for translators and others to assist each other with translations or explanations of terms and short phrases.



See also:



Term search
  • All of ProZ.com
  • Term search
  • Jobs
  • Forums
  • Multiple search