European patent application

A European patent application is suitable for applicants who expect their inventions to be exploited in two or more member states of the European Patent Organisation (EPO) and who wish to protect their invention by patent or otherwise in selected territories. The application is filed with the Industrial Property Office of the Slovak Republic or with the European Patent Office. As at 1.10.2010, the European Patent Organisation had 38 member states: the Slovak Republic, the Czech Republic, Albania, Belgium, Bulgaria, Cyprus, Denmark, Estonia, Finland, France, Greece, the Netherlands, Croatia and Serbia, Ireland, Iceland, Liechtenstein, Lithuania, Latvia, Luxembourg, Macedonia, Hungary, Malta, Monaco, Germany, Norway, Poland, Portugal, Austria, Romania, San Marino, Slovenia, the United Kingdom, Spain, Switzerland, Sweden and Turkey.

There are, however, exceptions for the European patent application whereby patent protection can also be sought in states that are not members of the EPO. At present these are Bosnia and Herzegovina and Montenegro, which together make up the so-called “extension system”.

The European patent application form and requirements

The request form for the grant of a European patent can be obtained free of charge from the filing office of the Industrial Property Office of the Slovak Republic in Banská Bystrica, from its Bratislava branch, or electronically from the websites of the EPO and the Slovak Office. As regards language, the application may be completed in any of the EPO’s official languages, i.e. English, French or German, or in another world language.

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Form and fees

  • Preparation of the application and assistance with filing, up to 3 patent claims
    help choosing between patent categories: (a) substance / preparation / product, (b) method of manufacture / preparation, (c) use of a substance / preparation - or a combination of these
    advice on whether to register a design in addition to the patent
    advice on how many claims to register
    help choosing the countries in which to register the patent, or preparing an international patent
    preparation of patent claims, patent description, patent drawings and registration forms
    help resolving conflicts with other rights - copyright and trademarks
    access to licensed and qualified professionals
    monitoring of the application throughout the examination process at the relevant office (does not include responses to any objections from owners of similar or identical patents or from examiners)
    not included: translations depending on scope, e.g. Japan, China, EU, and filing fees for international or EU patents (national phase)
  • up to 10 patent claims

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Is a European Patent Right for You?

A European patent application allows you to seek protection in many European countries through a single procedure before the European Patent Office. For inventors and businesses that plan to exploit their invention in several European markets, it can be more efficient than filing separate national applications. It is important, however, to understand how the system works and what happens after a patent has been granted.

One Application, Many Countries

The application is examined centrally, in one of the official languages of the European Patent Office. If the patent is granted, it can then be validated in the member states you choose. In addition, a unitary patent system now operates for a number of participating EU member states, offering a single patent with uniform effect in those countries alongside the traditional route. Whether the unitary patent is suitable depends on the countries you need and your budget.

Advantages

  • A single examination procedure instead of several national ones
  • Flexibility to choose the countries where protection is needed
  • A high-quality examination that strengthens the patent
  • Coverage of EU and non-EU countries, including the UK

Points to Consider

The European route involves official fees at each stage, and after grant there may be validation costs, translation requirements and annual renewal fees in each country. For inventions intended for only one or two markets, national applications may be more economical. The examination process can also take several years.

Before You File

Make sure your invention has not been publicly disclosed, consider carrying out a search of existing patents and prepare a clear description and claims. The quality of the application has a major impact on the scope and strength of the eventual patent.

Combining Routes

Many applicants file a first application nationally and then use the priority period to file a European or international application. This allows time to assess the invention’s commercial potential before committing to wider costs.

If you are considering patent protection in Europe, contact eTuls. We can explain the options and coordinate the preparation and filing of your application with qualified patent attorneys.

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