blue_ball
European Patent (EP) according to the EPC

PatentEurope

EPC ◄ ► EU  |  EPC ◄ ► EUP          

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

A European patent (EP) based on the European Patent Convention (EPC) can be applied 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 EPC member states concerned. It is also possible to validate a European patent as a Unitary Patent in some EU member states.

An extension of a granted European patent is possible to Bosnia and Herzegovina.

A granted European patent 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 search for prior art and issues a search report with a preliminary opinion on novelty and inventive step. In a second step, the examination proceedings follow, at the end of which a patent is granted or the patent application is rejected. A rejection can be appealed, and a Board of Appeal of the EPO will decide on the appeal. In order to take effect in the respective EPC states, the granted European patent is to be validated in the relevant EPC member states.

Advantages and disadvantages of a European patent application:
The application is filed in one language and the examination proceedings are conducted centrally and in one language until grant. Under ideal conditions, the costs can be significantly lower than for a corresponding number of national applications. However, the European patent must be translated and/or validated in some states after grant.

It is necessary to check in each individual case whether filing 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  (external link)