A patent serves as a legal entitlement safeguarding novel inventions, empowering the patent holder (or patentee) to pursue legal measures against unauthorized usage of the invention within a specific jurisdiction. Typically lasting up to 20 years in most nations, a patent doesn’t inherently grant the owner the right to employ the invention, necessitating vigilance to prevent encroaching on others’ rights. Traditionally, securing a patent involved applying to the respective national patent office, with separate applications necessary for multiple countries in Europe. Since 1978, a European patent application has enabled the acquisition of a European patent with potential effect across several countries.

Instead of pursuing separate national patents, individuals and businesses can opt for a more streamlined approach by applying to the European Patent Office (EPO) for a European patent. The EPO takes charge of evaluating the European patent application, eliminating the need for individual countries to conduct their own assessments. This results in a more efficient and cost-effective route for obtaining patent rights within Europe.

Upon the EPO’s acceptance of a European patent application, the patent is granted. Subsequently, the European patent is converted into individual national rights in each country through the process of “validation.” This privilege extends to countries that are signatories of the European Patent Convention (EPC), encompassing nations like the UK, France, and Germany. A comprehensive list of EPC member countries is provided below. Notably, the EPC membership is distinct from that of the European Union (EU), although all current EU members are part of the EPC.

You possess the freedom to seek protection in any or all the EPC member countries. Typically, if you intend to secure patent coverage in three or more member countries, pursuing a European patent proves more cost-effective than obtaining individual national patents.

Since 2023, a novel option, the European Unitary Patent, has emerged. This patent form safeguards most EU countries under a single patent, diverging from the traditional “bundle” of national rights associated with standard European patents, substantially reducing the cost of EU-wide patent protection.

Either a company or an individual is eligible to submit an application for a European patent, contingent on confirming their ownership of the invention to warrant patent grant.

The avenue to seek a European patent includes two options: filing the application directly yourself or entrusting a European Patent Attorney to act on your behalf. These attorneys possess professional qualifications and extensive experience in navigating the intricacies of the European Patent Office (EPO) and the application process.

If you lack a residency or primary business location within any of the European Patent Convention (EPC) member countries, engagement with a European Patent Attorney is mandatory throughout the application process, except for the initial submission of the application.

Filing a Patent Application: Apply for a patent once a working prototype or proof-of-concept of your invention is established, confirming its functionality and core concept stability as further development occurs. Complex innovations, particularly in life sciences or chemistry, might necessitate preliminary work before patent application.

Collaborate with a patent attorney to draft a patent specification, outlining the invention (description) and protective claims. This drafting phase usually takes around a month and can be expedited in emergencies. Subsequently, file the prepared document with a patent office, such as the EPO.

Claiming Priority and Filing: European patent applications often claim priority from an earlier patent application for the same invention, usually filed within 12 months of the earlier application, unless exceptions apply. This “priority” approach retrodates your application to the earlier date, impacting patentability assessment and other considerations. Filing an application for a European patent can be accomplished independently or through the Patent Cooperation Treaty (PCT) route.

Search and Examination: A few months post-filing, the EPO conducts a search to identify similar inventions and disclosures. A search report is shared, listing documents akin to your invention. Novelty and inventiveness are prerequisites for patent grant.

Following an approximately 18-month wait, your application is published, and you must request examination within 6 months to advance towards grant. If objections arise, reasoned arguments or amended claims can be presented.

Examination Process: Following a review of your response by the examiner, your application could proceed to grant if deemed acceptable, or further dialogues might follow. Changes and discussions can extend over several rounds.

Grant and Validation: Upon approval, you receive an Intention to Grant communication. Upon your approval, official fees are paid, and translations are submitted. Patent grant is finalized, and within 3 months, validation is initiated in chosen countries. Alternatively, unitary patents streamline protection within certain EU countries, offering potential cost savings.

Post-Grant and Opposition: After grant, a conventional European patent divides into separate national rights, allowing flexibility in maintaining or letting patent rights lapse in specific countries. Unitary patents involve continuous renewal fees.

For up to 9 months post-grant, opposition can be filed by any party aiming to challenge your patent.

Upon successful patent grant and validation, your patent becomes enforceable within the designated countries. Infringement occurs when others use your invention without consent within these territories.

With the aid of a local attorney, you can demand infringing parties to cease usage and potentially initiate legal action, aiming to halt their activities and possibly seek compensation, known as “damages.” Lawsuits for infringement can only be pursued post-patent grant, and retrospective claims may be feasible since the application’s publication date.

For conventional European patents, enforcement necessitates separate legal proceedings in each targeted country. The introduction of the Unified Patent Court (UPC) is reshaping this landscape.

Commencing operations on June 1, 2023, the UPC will initially allow a 7-year transitional phase (potentially extended) enabling actions under conventional European patents either in national courts or the UPC. During this period, European patents can be “opted out” from the UPC’s jurisdiction, confining litigation to national courts.

After the transition, UPC’s jurisdiction will exclusively cover EP patents for participating countries. Non-participating nations, such as the UK, Spain, and Poland, will continue with separate legal actions akin to conventional European patents.

Only unitary patents will fall under the exclusive jurisdiction of the UPC.

For litigation considerations, consult your patent attorney or legal counsel.

A European Patent Attorney manages the entire European Patent process, encompassing application drafting.

Enlisting a European Patent Attorney might lead to initial cost escalation but is likely to yield a more robust European Patent. Professional ethics prohibit European Patent Attorneys from disclosing your invention without your authorization.

Our expertise extends beyond patents; we offer counsel on varied intellectual property matters like Trademarks, Copyright, Designs, licensing, and litigation across the globe, including Britain and Europe.

The indicated countries, whether individually or collectively, can be designated within a European Patent application.

Furthermore, the scope of European patent protection can be expanded into the subsequent countries listed below. 

• Bosnia & Herzegovina
• Cambodia
• Morocco
• Moldova
• Tunisia

Anticipated to join the EPC in the near future, Moldova is expected to become a member.

1. It’s important to note that Liechtenstein and Switzerland constitute a single designation.
2. While these countries can’t be directly designated as such within a European Patent application, their national laws permit the “extension” or “validation” of rights conferred by a granted European patent.