How to Get a European Patent
Can you get a European Patent on a product designed in the United States? Yes. Can Business Patent Law assist you with that patent application? Absolutely! Here are a few things you need to know about overseas patent applications, to better understand the process.
European Patent Applications
- Applicants can file European Patent Applications (EPA) via the European Patent Convention.
- Applicants can file EPAs via the Patent Cooperation Treaty.
Locations of the European Patent Office (EPO) for filing EPAs
- Munich Germany is the principal office of the EPO. Other EPO offices are in Berlin, Brussels, The Hague, and Vienna.
- Your EPA can be filed at any location of the EPO.
Professionals (Licensed by the EPO) Represent BPL’s Clients before the EPO
- Business Patent Law (BPL) has foreign associates around the globe ready to represent BPL’s clients before various foreign Patent Offices.
- In Europe, BPL has associate European Patent Attorneys licensed by the EPO to represent clients before the EPO.
- BPL works closely with European associates to monitor and assist with the evolution of the EPA toward the grant of the European Patent(s).
Following Examination EPAs are Denied or Granted
- After examination by the Examination Division of the EPO; if the Examination Division concludes that the EPA is patentable, the post-examination EPA is published.
- On the date of publication of the post-examination EPA, the European Patent is granted.
- The European Patent is a “bundle” of individual member states’ National Patents.
Validation of the European Patent (EP) Required in each Designated Member State
- After the grant of the European Patent, it must be validated in the designated member states.
- Among other things, validation requires payment of designated member state’s fees and providing translations or transliterations of the Patent if that state does not accept the validation in one of the three official languages of the EPO.
Official Languages of the EPO
- English
- French
- German
Oppositions Against the Granted EP
For a period of nine months subsequent to the grant of the Patent, a third party can institute an Opposition Proceeding against the EP. In Opposition Proceedings, filed before the Oppositions Division of the EPO, third parties argue against the patentability of the granted EP.
Member Nations of the EPO – 2022
Member Nation EPO Member Since
| AL | Albania | 1 May 2010 |
| AT | Austria | 1 May 1979 |
| BE | Belgium | 7 October 1977 |
| BG | Bulgaria | 1 July 2002 |
| CH | Switzerland | 7 October 1977 |
| CY | Cyprus | 1 April 1998 |
| CZ | Czech Republic | 1 July 2002 |
| DE | Germany | 7 October 1977 |
| DK | Denmark | 1 January 1990 |
| EE | Estonia | 1 July 2002 |
| ES | Spain | 1 October 1986 |
| FI | Finland | 1 March 1996 |
| FR | France | 7 October 1977 |
| GB | United Kingdom | 7 October 1977 |
| GR | Greece | 1 October 1986 |
| HR | Croatia | 1 January 2008 |
| HU | Hungary | 1 January 2003 |
| IE | Ireland | 1 August 1992 |
| IS | Iceland | 1 November 2004 |
| IT | Italy | 1 December 1978 |
| LI | Liechtenstein | 1 April 1980 |
| LT | Lithuania | 1 December 2004 |
| LU | Luxembourg | 7 October 1977 |
| LV | Latvia | 1 July 2005 |
| MC | Monaco | 1 December 1991 |
| MK | North Macedonia | 1 January 2009 |
| MT | Malta | 1 March 2007 |
| NL | Netherlands | 7 October 1977 |
| NO | Norway | 1 January 2008 |
| PL | Poland | 1 March 2004 |
| PT | Portugal | 1 January 1992 |
| RO | Romania | 1 March 2003 |
| RS | Serbia | 1 October 2010 |
| SE | Sweden | 1 May 1978 |
| SI | Slovenia | 1 December 2002 |
| SK | Slovakia | 1 July 2002 |
| SM | San Marino | 1 July 2009 |
| TR | Turkey | 1 November 2000 |
Need a European Patent?
If your company needs assistance with European or other foreign jurisdictions’ Patent Applications, we can help.
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