EUROPEAN PATENT OFFICE (EPO)

WHAT IS EPO?

The European Patent Office (EPO) allows inventors to apply for patent protection in up to 40 European countries and all through a uniform procedure. The current European patent system stems from the Munich Convention, which did not abolish national patent systems but created a centralized patent filing and examination procedure, in order to facilitate obtaining national patents in several countries. It has thus made it possible to reduce the costs of patenting in Europe.

The European patent is a unique intellectual property title allowing the protection of inventions in the Contracting States to the European Patent Organization (EPO).

It confers on its holder, in each of the Contracting States for which it was granted, the same rights as would be conferred on it by a national patent granted in that State.

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HOW TO FILE A PATENT WITH EPO?

The filing of a European patent can be done by post, you must complete the form prescribed by the European Patent Office (EPO 1001), which is filed in Munich, Berlin or The Hague. This can be done in any language. However, the official languages ​​of the EPO are German, English and French. If the application is not filed in one of these languages, a translation must be produced. Only applicants who are not domiciled in Europe are required to be represented by a professional representative. It is also possible to make your request by fax or online. The European patent application is constituted in the same way as an application to the INPI:

the European patent form (EPO 1001);.

A description of the invention;

One or more claims;

The drawings to which the description or the claims refer;

An abstract

The advantages of a European patent.

A patent helps you consolidate your position in the market with a view to marketing your new product. It also helps you find new partners or investors. Applying for a European patent means that you only make one application to the EPO, reduces filing costs by avoiding the multiplication of examination procedures at national level.

Cost and duration of the European patent.

A patent helps you consolidate your position in the market with a view to marketing your new product. It also helps you find new partners or investors. Applying for a European patent means that you only make one application to the EPO, reduces filing costs by avoiding the multiplication of examination procedures at national level.

  • The cost of filing a European patent is 210 € (paper format) or 120 € (online filing).
  • European research around € 1,400.
  • Annuities must be paid to keep the European patent in force; they range from € 470 in the 3rd year to € 1,575 in the 10th year (and following).
  • A review of the application costs approximately € 1,600.

The duration of the procedure for granting a European patent is in the order of 3 to 5 years. Time for the applicant to collect the necessary documents and for the examiners to verify the feasibility of protecting the invention.

Once granted, the European patent protects your invention for a period of 20 years from the date of filing of the application.

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The material in this website is commercially focused and generalized information and opinion about successfully working within the existing legal framework of Intellectual Property, patents and patent law; and should in no way be viewed or construed as legal advice. Advisors at Innovate are not and will not be lawyers unless this is specifically stated.

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