Applying for a European patent can seem daunting. The process involves numerous steps, detailed documentation, and a thorough understanding of patent laws. However, with a clear understanding of each stage and the requirements involved, the task becomes much more manageable. 

This comprehensive guide is designed to break down the process into simple, actionable steps, ensuring you have all the information you need to successfully secure a European patent for your invention.

Securing a European patent offers significant advantages. It provides broad protection across multiple countries through a single application, which can save you considerable time and resources compared to filing separate national patents in each country. Additionally, having a European patent signals to the market that your invention is innovative and protected, which can enhance your credibility and attract potential investors or partners.

What Is the European Patent?

A European patent, granted by the European Patent Office (EPO), is a straightforward way to protect your invention in up to 44 countries. This system simplifies obtaining patent protection across multiple European nations through a single, manageable application.

Why Apply for a European Patent?

According to the European Patent Office, the growing number of European patent applications, over 180,000 in 2022, underscores the increasing importance and reliance on European patents to protect inventions across the continent. You’re part of this significant trend.

A European patent offers several advantages, including broad protection across multiple countries with a single application. This saves time and money compared to separately filing national patents and ensures your invention is respected and legally protected.

10 Essential Steps for Securing a European Patent

Step 1: Check Patentability

Before starting your application, ensure your invention is patentable. An invention must meet three main criteria:

1. Novelty: Your invention must be new. It should not be part of the prior art, meaning it hasn’t been publicly disclosed before the application date.
2. Inventive step: Your invention must involve an inventive step. It should not be clear to someone with knowledge and experience in the subject area.
3. Industrial applicability: Your invention must be capable of being made or used in some kind of industry.
   

Step 2: Conduct a Patent Search

Conducting a patent search is crucial. This search helps determine if similar inventions, known as ‘prior art ‘, already exist. The EPO offers several tools and databases to assist with this. Espacenet is a free database with over 120 million patent documents. It’s an excellent place to start.

Step 3: Prepare Your Application

Preparing your application is the next critical step. A European patent application consists of several parts:

• Request for grant: This form includes basic information about the applicant and the invention.
• Description: This section provides a detailed description of your invention. It should be clear and complete enough for someone skilled to reproduce it. Including all necessary details is crucial to ensure accurate bibliographic information and facilitate communication.
• Claims: Claims define the scope of protection sought. They are the most critical part of your application, as they outline the specific aspects of your invention that you want to protect from being used by others.
• Abstract: The abstract gives a concise summary of your invention. It helps search and classify patent documents.
• Drawings: If applicable, include drawings to illustrate your invention. They help in understanding the claims and description.

Step 4: File Your Application

You can file your application online via the EPO’s website. Alternatively, you can submit it by mail or in person at one of the EPO’s offices. When filing, you must pay the filing fee. The application process officially begins once the EPO receives your documents and fees.

Step 5: Formal Examination

After filing, the EPO conducts a formal examination. This step ensures your application meets all formal requirements. If there are any deficiencies, the EPO will notify you, and you must correct them within a specified period.

Step 6: Search Report

Next, the EPO searches to identify prior art related to your invention. The EPO will provide you with a search report, which includes cited documents that might affect the patentability of your invention. You’ll receive the report along with a preliminary opinion on the patentability of your invention.

Step 7: Publication

Eighteen months after the filing date (or priority date, if applicable), the EPO publishes your application. This publication makes your application and the search report available to the public.

Step 8: Substantive Examination

The substantive examination follows. During this phase, the EPO thoroughly examines your application to determine if your invention meets all patentability criteria, including novelty, inventive step, and industrial applicability. You may need to communicate with the examiner and amend your application based on their feedback.

Step 9: Grant of the Patent

If your application meets all requirements, the EPO will grant the patent. You must then pay the grant and printing fees. Once granted, you must validate the patent in each country where you seek protection. 

Validation often involves translating the patent and paying national fees.

Step 10: Maintaining Your Patent

After the EPO grants your patent, you must maintain it by paying annual renewal fees. These fees are due in each country where the patent is validated. Pay these fees to avoid the loss of patent rights.

The Unitary Patent: A Future Simplification for European Patents

The Unitary Patent is an upcoming innovation to simplify European patent protection through the cooperation of los estados miembros. You can request a unitary effect instead of validating your European patent in multiple countries. This means your patent will have uniform protection in all participating EU member states.

Benefits of the Unitary Patent

1. Cost-effective: Reduces costs associated with translation and validation in individual countries.
2. Simplified process: Streamlines the administrative process, making it easier to manage your patent.
3. Enhanced protection: Provides broader and more consistent protection across multiple 

Got Questions About European Patents?

Looking to secure a European patent, navigate the application process, or protect your invention? Our team can guide you through conducting a thorough patent search and filing your application. Whether you need advice on how to patent an idea, consultation for unitary patents, translations, understanding EPO requirements, or protecting against infringement, we’re here to help.

Reach out to our team and consult on a case-by-case basis.