blue_ball
European Patent (EPC – EU)

PatentEurope

EPC ◄ ► EU  |  EPC ◄ ► EUP  |  EUP ◄ ► EU

A European patent application under the European Patent Convention (EPC) is processed centrally at the European Patent Office (EPO).

A European patent (EP) can be applied for on the basis of the European Patent Convention (EPC) for the following states:

Albania, Austria, Belgium, Bulgaria, Switzerland and Liechtensteinstein, Czech Republic, Germany, Denmark, Estonia, Spain, Finland, France, United Kingdom, Greece, Ireland, Iceland, Italy, Croatia, Latvia, Lithu­ania, Luxembourg, Malta, Monaco, Monte­negro, Netherlands, North Macedonia, Norway, Poland, Portugal, Romania, San Marino, Sweden, Serbia, Slovakia, Slovenia, Turkey, Hungary, Cyprus.

After grant, a national validation of the European Patent is required in the relevant states. Validation of a European Patent is also possible for some EU states as an EU Unitary Patent möglich.

An extension of granted European patents is possible to:
Bosnia and Herzegovina.

European patents granted can also be validated in Georgia, Morocco, the Republic of Moldova, Tunisia, Cambodia and Laos (as of April 01, 2025).

If the United Kingdom is designated in a European patent, patent protection can also be extended to Hong Kong.

Proceedings before the European Patent Office:
First, the EPO conducts a prior art search and prepares a search report with a preliminary opinion on novelty and inventive step. In a second step, the examination procedure follows, at the end of which a patent is granted or the patent application is rejected. A rejection can be contested by means of an appeal, which is decided by a Board of Appeal of the EPO. In order to obtain patent protection in the respective EPC states, the granted European patent must be validated in the respective EPC state.

Advantages and disadvantages of a European patent application:
The application is filed in one language and the examination procedure is carried out centrally and in one language until a patent is granted. Ideally, the costs can be significantly lower than with a corresponding number of national applications. However, the European patent must be translated and/or validated in some countries after grant.

It must be examined on a case-by-case basis whether the filing of national patent applications in strategically selected European states may be more favorable for the applicant.

Information on the national validation of a European patent can be found here.

   
To the Website of the European Patent Office  (externer Link)