European Patent Application Process
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.
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.)
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. It will contain a specification including claims and drawings. Renewal fees in 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. The examination may be slow. Once a report is received there is an opportunity to amend the claims, restricting this to a patentable invention.
V GRANT
For grant, translation of the claims from English into French and German and payment of a grant and printing fee are required.
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.
As an optional agreement, there are currently only 15 EPC contracting states, however, this importantly includes the three states in which most patents are generally filed, that is, France, Germany and the United Kingdom.
The current contracting states can be found here.
In time, as the other EPC states realise the cost benefits from the London Agreement, more EPC states are expected to sign the agreement.
The Typical Costs for a European Patent Application can be found here.