Filing your European patent application
Note: What follows is, by nature, a very general overview of what can be a complicated process. Patent attorneys have considerably more knowledge about the process than what can be summarized here. Please take this as a basic overview of a simple application.
To pursue patent protection in Europe, you must file a single European patent application with the European Patent Office (EPO). This application by default designates all the European contracting states (except for extension states) where you would like to obtain protection.
If you need help filing your European patent using the PCT application, see pctfiler, our PCT national stage entry product.
Once your European application has been filed, it will be examined by the EPO. Your European attorney will then exchange correspondence with the EPO (this is known as prosecution) until any objections have been overcome.
European validation
As shown below, once the European examiner’s objections have been overcome, the EPO will issue a Notice of Intention to Grant (also referred to as a 71(3) notice). Your European attorney will then have four months to lodge a translation of your claims into English, French and German (assuming an English language specification) and pay printing and grant fees to the EPO.
Once this is complete, the EPO will make a decision to grant your patent. The Decision to Grant your European patent is published in the European Patent Bulletin. You will then have three months from that publication date to validate your patent in any European countries where you want patent protection.
The validation process
Depending upon the validation countries chosen, you may need to pay a fee and lodge a translation of just the claims or of the entire patent specification. It is also usual to record a local address for service in the individual countries.
If you are using our epvalidation product, the rules for each country are built into our cost calculator, so we will always provide accurate validation costs.
European patent validation is a relatively simple process. It is much easier than drafting a patent specification or responding to a patent office examination report. But it is important to use a provider who knows the relevant translation deadlines, forms, fees and requirements for each of your chosen countries.
This validation step is the part of the patent process in which our epvalidation product can help you.
After your European patent has been validated
Once validated, you do not need to go through any further prosecution in individual European countries. Your patent will remain in force for as long as you continue to pay yearly fees known as renewals or annuities.
If you are using our agent network, our agents will oversee this process for you and will let you know when each of those payments is due.
For an explanation of how inovia can help you through the European validation process, read about epvalidation or call one of our IP professionals in the inovia office nearest you.
