European Patent Applications

A single application procedure under the European Patent Convention (EPC) provides for the grant of a single European patent. After grant and following certain formalities, the European patent leads to the grant of a bundle of national patents and/or a Unitary Patent (covering 17 EU countries). You can decide to apply for protection in some or all of the member countries to the EPC. A European patent application can be filed and prosecuted in English.

A European patent gives the patentee the same rights as a national patent in each country for which it is granted. Anyone using the patented invention without the consent of the patentee in those countries designated will generally be infringing the patent.

A European patent protects the way that a product , machine or process works. The invention must be:

• susceptible of industrial application
• new
• involve an inventive step (must differ sufficiently from what is already known)

For protecting the way a product looks (Design), see Community Registered Design.

Potentially all member countries of the European Patent Convention (EPC). For a list of member countries, click here. Note there are countries in addition to those of the European Union that are members of the EPC. The European patent may be validated as a bundle of individual national patents in the EPC member countries and/or as aUnitary Patent having unitary effect in 17 EU countries.

20 years from filing the application, assuming the annual renewal fees are paid.

Yes, due annually starting after two years of the filing date of the European patent application. Following grant, annual fees are due in each country for any individually validated national patents. For any Unitary Patent,annual fees are dueat the Unified Patent Court. Patent(s) will lapse in those jurisdictions for which annual fees are not paid without affecting patent rights remaining in other countries.