Contents
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- What is a European patent (and is it an “EU patent”)?
- The EPO member states: more than just the EU
- What can be patented in Europe?
- Step-by-step: how to file a European patent application
- The Unitary Patent: simplified protection since 2023
- Validation in individual countries
- How much does a European patent cost?
- Do you need a patent attorney?
- Getting a patent in Poland as part of a European strategy
- How PATENTBOX can help
1. What is a European patent (and is it an “EU patent”)?
Let’s address the most common misconception first. People frequently search for an “EU patent” or “European Union patent” – but strictly speaking, neither of these exists as a legal product.
What does exist is a European patent, granted by the European Patent Office (EPO) under the European Patent Convention (EPC). The EPO is not an institution of the European Union. It is an independent intergovernmental organisation, and membership in the European Patent Organisation is not limited to EU member states.
So while it is convenient shorthand to speak of an “EU patent” in everyday conversation, a qualified patent attorney will always point out that the two systems – the European Patent Organisation and the European Union – are legally distinct. The European patent is not an EU patent, and understanding this distinction matters when planning your IP strategy.
A European patent is a patent granted by the EPO under a centralised examination procedure. Once granted, it provides protection equivalent to a national patent in each country where the patent holder chooses to validate it. It is, in legal terms, a bundle of national patents rather than a single supranational right – with the notable exception of the Unitary Patent, discussed below.
2. The EPO member states: more than just the EU
As of 2026, the European Patent Organisation has 39 contracting states – significantly more than the 27 EU member states. This means inventors can obtain patent protection across a much broader geographic area than the EU alone.
Member states of the European Patent Convention include not only EU countries such as Germany, France, Italy, Spain, and Poland, but also non-EU countries including:
- Switzerland and Liechtenstein (jointly)
- Norway and Iceland (EEA members outside the EU)
- United Kingdom (which remained a full EPC member after Brexit)
- Turkey
- Albania, North Macedonia, San Marino, Serbia, and other countries
Additionally, there are extension and validation states – countries that are not full EPC members but have concluded validation agreements with the EPO, including Morocco, Tunisia, Cambodia, and several others.
This geographic breadth makes the European patent application route extraordinarily attractive for businesses seeking wide international coverage through a single, centralised procedure. A single patent application in Europe, filed in English, German, or French, can eventually protect your invention in dozens of countries – far beyond the borders of the EU.
3. What can be patented in Europe?
To be patentable under the European Patent Convention, an invention must satisfy three core criteria:
- Novelty – the invention must not have been publicly disclosed before the filing date (or priority date).
- Inventive step – the invention must not be obvious to a person skilled in the relevant technical field.
- Industrial applicability – the invention must be capable of being made or used in some kind of industry.
The EPC covers a wide range of technical innovations: mechanical devices, chemical compounds, pharmaceutical formulations, electronic systems, manufacturing processes, and software-implemented inventions with a technical character. Pure business methods, mathematical methods, and aesthetic creations are excluded from patent protection – though the boundary lines in software and AI-related inventions continue to evolve through EPO case law.
Determining whether your specific invention meets patentability criteria is one of the most valuable services a qualified patent attorney can provide before any application is filed.
4. Step-by-step: how to file a European patent application
A European patent application is filed with the EPO and proceeds through several well-defined stages. Here is an overview of the complete procedure:
Step 1 – Prior art search and patentability assessment
Before filing, it is strongly advisable to commission a patentability search. A patent attorney or patent law firm will analyse existing patent databases and scientific literature to assess whether your invention is novel and non-obvious. This step prevents costly surprises later in the procedure and helps refine the scope of the patent claims before filing.
Step 2 – Preparing the patent application
A European patent application must include:
- A request for grant
- A description of the invention, disclosing it in sufficient detail
- At least one patent claim, precisely defining the scope of protection sought
- Any necessary drawings
- An abstract
The application can be filed in English, German, or French. The drafting of claims is the most technically and legally demanding part of the process – the scope of your protection will depend almost entirely on how well the claims are crafted. This is where engaging an experienced European patent attorney pays dividends that far outweigh the cost.
Step 3 – Filing and formal examination
The application is filed with the EPO, either directly or via a national patent office. The EPO assigns a filing date and application number, then conducts a formal examination to verify that the application is complete and that the required fees have been paid. Any formal deficiencies must be corrected within set deadlines.
Step 4 – EPO search and written opinion
The EPO’s Search Division conducts a prior art search and issues a European Search Report accompanied by a written opinion on patentability. The applicant must respond to this opinion within a specified period, either arguing in favour of patentability or amending the claims.
Step 5 – Publication (18 months after priority)
The application is published in the European Patent Bulletin approximately 18 months after the priority date. From this point, the invention enters the public domain and the applicant gains provisional protection in the designated states.
Step 6 – Request for examination
Within six months of the search report publication, the applicant must formally request substantive examination and pay the examination fee. Failure to do so results in the application being deemed withdrawn.
At this stage, the applicant must also pay the designation fees – fees that designate the EPC member states in which protection is ultimately sought. Although a European patent application automatically covers all contracting states upon filing, the designation fees must be paid to confirm the selected countries and keep those designations in force.
It is also important to note that annual renewal fees (sometimes called maintenance fees) are due to the EPO throughout the entire prosecution phase – from the third year after the filing date, and for each subsequent year until the patent is granted or the application is withdrawn. These fees are separate from the examination and designation fees and must be paid on time to keep the application alive. Missing a renewal fee deadline during prosecution can lead to the application being deemed withdrawn, though a six-month grace period with a surcharge is available.
Step 7 – Substantive examination
The EPO’s Examining Division assesses whether the invention meets all patentability requirements. This stage may involve several rounds of correspondence – so-called “office actions” – in which the examiner raises objections and the applicant responds, potentially amending the claims. An experienced patent agent in Europe will manage these exchanges strategically, aiming to secure the broadest possible claim scope while overcoming objections.
Step 8 – Grant decision and publication
Once the EPO is satisfied, it issues a notice of intention to grant. The applicant pays the grant and publication fee and files to the EUIPO translations of the claims into the two other official EPO languages. The patent is then published as granted (Publication B1).
Step 9 – Validation and/or unitary effect
Within one month of the grant publication, the applicant may request unitary effect (creating a Unitary Patent across participating EU states). Within three months, the applicant must validate the patent in each individual country where protection is sought. Details of both options are covered below.
Step 10 – Maintaining the patent
Annual renewal fees must be paid to keep the patent in force – both to the EPO during the application phase and to national offices (or to the EPO for unitary patents) after grant. Missing a fee deadline can lead to loss of protection, though grace periods and restoration mechanisms may sometimes apply.
5. The Unitary Patent: simplified protection since 2023
Since 1 June 2023, a significant new option has been available: the European patent with unitary effect, commonly called the Unitary Patent. Rather than requiring separate validation in each country, a single request filed within one month of the EPO grant publication provides uniform protection across all EU member states that have ratified the Unified Patent Court (UPC) Agreement.
As of early 2026, the Unitary Patent covers 19 participating EU states, including Germany, France, Italy, the Netherlands, Belgium, Austria, and Sweden – representing the most commercially significant patent markets in continental Europe.
Advantages of the Unitary Patent
- Protection in 19 EU states through a single administrative act
- Significantly lower total costs compared to validating individually in each country
- One renewal fee payable to the EPO for all participating states
- Centralised management and enforcement before the Unified Patent Court
Limitations of the Unitary Patent
- Poland has not yet ratified the UPC Agreement, meaning Poland is not covered by unitary effect – separate validation in Poland remains necessary for those who want protection there
- Spain and Croatia are also not participating, which may be significant depending on market strategy
- The Unified Patent Court has jurisdiction over infringement and validity disputes, meaning a single central challenge could affect protection across all participating states simultaneously
- Court fees at the UPC can be substantial
Deciding between the Unitary Patent and classical country-by-country validation – or combining both – is a strategic question that a qualified patent attorney should help you answer based on your commercial priorities, budget, and risk tolerance.
6. Validation in individual countries
Under the classical European patent route, the granted patent must be validated in each country where protection is desired. Validation typically involves:
- Filing a validation request with the national patent office within the prescribed deadline (usually three months from the EPO grant publication)
- Submitting a translation of the patent specification (or claims) into the national language, where required by national law
- Paying national validation fees
- Appointing a local representative, where required
Once validated, the patent is treated as a national patent in that country and is governed by national patent law. Enforcement is handled by national courts.
Missing a validation deadline is fatal – there is typically no possibility of extension, and the right to protection in that country is lost entirely. This is another compelling reason to work with a qualified patent agent or patent law firm that actively monitors all relevant deadlines.
7. How much does a European patent cost?
Patent costs in Europe are substantial but should be viewed as a long-term investment in exclusive market rights. Main cost categories include:
- Patentability search – typically carried out before filing, by a patent attorney or patent law firm
- Preparation and filing of the application – drafting, professional fees, official EPO filing fees
- Prosecution before the EPO – examination fees, response letters, translation fees for the grant stage
- Post-grant costs – validation fees per country (translations, official fees, local representative fees) or a single unitary effect request fee
- Annual renewal fees – payable throughout the life of the patent (up to 20 years)
An indicative budget for steps 1–3 (from initial search to grant) starts at approximately €17,000 to €25,000, depending on the complexity of the invention and the number of examination rounds. Post-grant validation costs vary significantly by country and by how many states are selected.
The Unitary Patent has substantially reduced the total cost of multi-country coverage for the participating EU states, making broad European protection more economically accessible than it was before 2023.
8. Do you need a patent attorney?
Technically, an applicant can file a European patent application without professional representation – provided they are domiciled or have their principal place of business within an EPC member state. In practice, however, this is rarely advisable.
The EPO requires applicants who are not domiciled in a member state to be represented by a qualified patent attorney authorised to practise before the EPO – known as a European patent attorney. European patent attorneys are individually listed on the EPO’s official list of professional representatives and must pass the European Qualifying Examination (EQE) – a rigorous multi-day examination covering patent law, claim drafting, and procedural rules.
Even for applicants who are technically entitled to file without a representative, the complexity of claim drafting, prosecution strategy, and cross-country validation logistics makes engaging a qualified patent agent in Europe not just sensible but often decisive for the outcome. A poorly drafted claim, or a missed deadline, can permanently compromise a patent’s value – or eliminate it altogether.
When searching for an IP law firm or patent law firm in Europe, look for:
- European patent attorneys listed on the EPO’s official register
- Experience in your specific technical field
- Multilingual capabilities for validation coordination across multiple countries
- A transparent fee structure with proactive deadline management
9. Getting a patent in Poland as part of a European strategy
Poland is a strategically important market within the European patent landscape – and one that requires specific attention from any applicant pursuing broad European coverage.
Poland has been a contracting state to the European Patent Convention since 2004, meaning European patents can be validated there through the classical national route via the Polish Patent Office (Urząd Patentowy RP). As noted above, Poland has not yet ratified the Unified Patent Court Agreement, so the Unitary Patent does not cover Poland. Anyone wanting protection in Poland must validate their European patent there separately – regardless of whether they also request unitary effect for other EU states.
Polish validation requires:
- Filing a validation request with the Polish Patent Office within three months of the EPO grant publication
- Providing a complete Polish translation of the patent specification (description, claims, and drawings) – this is mandatory under Polish law, with no exceptions
- Payment of the national validation fee
- Ongoing annual renewal fees to the Polish Patent Office
The quality of the Polish translation of the patent claims is legally critical. Inaccuracies can narrow the scope of protection or introduce ambiguity that an infringer could exploit. Representation by a qualified Polish patent attorney (rzecznik patentowy) ensures that the translation faithfully preserves the scope of the EPO-granted claims and that all procedural requirements are met without error.
Beyond validation, a Polish patent agent or Polish patent attorney can also advise on parallel national patent protection via the Polish Patent Office for inventions that may not yet be ready for the full European procedure, or for applicants seeking a faster or lower-cost route to initial protection in Poland.
With a population of over 38 million and a growing technology and manufacturing sector, Poland represents a market where patent protection can deliver meaningful commercial value – making validation there a sound investment for most applicants pursuing a European patent strategy.
10. How PATENTBOX can help
PATENTBOX is a specialist IP law firm and patent law firm based in Poznań, Poland, with expertise in European and Polish patent prosecution, validation, and portfolio management. Our team includes both Polish patent attorneys and European patent attorneys – individually qualified and listed on the EPO’s official register – as well as experienced IP lawyers.
We assist inventors, startups, SMEs, and multinational companies at every stage of the European patent process:
- Patentability searches and freedom-to-operate analyses
- Drafting and filing European patent applications in English
- EPO prosecution – responding to search opinions, examination reports, and office actions
- Unitary Patent requests and strategy
- Validation in Poland and coordination of validation across other EPC member states
- Patent portfolio management including renewal fee monitoring
- Patent enforcement and opposition proceedings
Whether you are at the earliest stage of thinking about protecting your invention or you have already received an EPO grant and need a Polish patent attorney to handle validation, PATENTBOX is here to guide you through every step with precision and care.
Ready to start your European patent journey? Contact our patent law firm in Poznań for an initial consultation with a qualified European patent attorney.
This article is intended for general informational purposes only and does not constitute legal advice. For advice specific to your invention and jurisdiction, please consult a qualified patent attorney.