European Application Process

A European patent application is a formal application to the European Patent Office (EPO), and provides legal protection of the invention within each European country. The length of the process depends on a number of external variables, but on average the decision to grant could be received in just over 42 months. A European Patent is granted centrally by the EPO, then requires national registration and is enforceable nationally. (It does not have automatic effect throughout the EU.)

The European Patent System is established under a Treaty from the European Union.  The European Patent Office (EPO) is based in Munich, and has a branch in the Hague.  It operates in English, French and German languages only.

I) APPLICATION

An EP application filed by a British applicant will usually claim priority from an informal British patent application. In this case, it must be filed within 12 months of the British application and will contain a specification including claims and drawings. Renewal fees during EPO prosecution are payable every year from the second anniversary of the European application date.

II) EUROPEAN PUBLICATION

This occurs 18 months from priority.

III) EUROPEAN SEARCH

If the search has not already been made by the EPO, the EPO performs and publishes a search.

IV) EUROPEAN EXAMINATION

This follows payment of a fee within six months of EP search publication, unless there was an International Preliminary Examination Report in a PCT application. Please note that the examination may be slow, but once a report is received, there is an opportunity to amend the claims.

V) GRANT

For grant, it is necessary that the claims be translated from English into French and German and that grant and printing fees are paid.

VI) NATIONAL REGISTRATION

The European patent will be effective in individual European countries only when registered there. Translation into local languages is required, except for the countries which are party to the London agreement, brought into effect by President Sarkosy’s signature for France, thus English, French and German prosecuted European patents do not require local translation in these countries.

VII) OPPOSITION

For nine months following European Patent grant it can be opposed centrally in the EPO on grounds that the claimed invention is not patentable. Opposition can be hard fought and protracted.

VIII)  ANNUAL RENEWAL

Nationally registered patents require annual renewal for their 20 year life.


THE LONDON AGREEMENT

The London Agreement entered into force on 1 May 2008 with the aim of reducing the costs related to the translation of European patents. The agreement allows states with an official language in common with an official language of the EPO (French, German or English) to dispense with any prior translation requirements, and states with a separate official language to those of the EPO to only require translation of the claims section.

 

Typical Costs

Simple Case Typical Case Complex Case
Formal Application £3,700 £4,200 £5,300
Examination Request and Designation* £2,600 £2,800 £3,300
Examination Objections £0 £500 £1,300
Grant and Printing £2,600 £2,600 £2,600
Total – incl. Official fees excl. VAT £8,900 £10,100 £12,500

*in all countries