What is a Europan Patent? How to get it?

What is a Europan Patent? How to get it?

A European patent is legal protection granted for an invention by the European Patent Office (EPO) under the European Patent Convention. The procedure involves a single application covering up to 39 European countries, enabling the protection of the invention in selected states. After the patent is granted, validation is required in individual countries. Since 2023, it is also possible to obtain a European patent with unitary effect (unitary patent) that simultaneously covers multiple countries.

What is a European Patent?

A European patent grants exclusive rights to an invention, which once granted by the EPO, is equivalent to a national patent in the chosen countries. A European patent attorney can assist with filing and managing the entire procedure before the EPO. This patent protects innovative technical solutions within the territories of selected European Patent Organisation member states. The full list of member states is available here.

How to obtain a European Patent – step-by-step procedure

1. A patent application filed to the EPO must include a request to grant a patent, an invention description, at least one claim, drawings, and an abstract. The procedure can be conducted in English, German, or French.
2. The EPO assigns a number and filing date, then performs a formal examination of completeness and fees.
3. If deficiencies are found, the applicant will be requested to correct them within a deadline.
4. The EPO drafts a search report, along with an opinion on patentability of the invention. The applicant must respond within a set timeframe.
5. After 18 months from priority date, the application and search report are published (publication A1).
6. Within 6 months of publication, the applicant must respond to the opinion, request examination, and pay several fees.
7. During examination, the EPO assesses patentability. If obstacles arise, the applicant has a deadline to respond and amend the application.
8. Annual renewal fees must be paid throughout the procedure.
9. After the EPO issues an intention to grant a patent, fees for publication must be paid and translations into the other two official languages must be filed to the EPO.
10. Following publication of the grant (publication B1), the applicant has one month to request unitary effect and/or validate the patent in chosen countries.
11. To keep the patent in force, annual fees must be paid to both the national offices where the patent is validated and to the EPO if the patent has unitary effect.

Validation of a European Patent

Validation makes the European patent enforceable in individual countries by fulfilling each country’s formal requirements, such as providing translations, paying national fees, and submitting representative powers if needed. The usual deadline is 3 months from publication of the grant. After validation, the patent is treated like a national patent and governed by that country’s laws.

Unitary Patent with unitary effect – simplified protection across Europe

The unitary patent, available since 1 June 2023, now offers protection across 18 participating EU member states with a single request. Unlike the classic European patent requiring validation and fees in each country separately, the unitary patent provides a unified legal effect throughout these states. The owner must file for unitary registration within 1 month of grant publication and provide a translation in one of the EU official languages.

How much does a European Patent cost?

Costs vary depending on territorial coverage, invention complexity, and patent attorney services. Main budget items include:

1. Patentability search to determine patent potential,
2. Preparing and filing the application,
3. Handling the procedure before the EPO, including official fees and attorney costs,
4. Post-grant validation fees in selected countries (translations, official fees, local attorney fees),
5. Annual maintenance fees.

An estimated budget for steps 1-3 starts at around 17,000 to 25,000 EUR.

Advantages and disadvantages of the Unitary Patent

Advantages:

• Simple and quick protection in 18 EU states (including Germany, France, Italy),
• Significantly lower costs compared to individual validations,
• Unified legal system and streamlined management.

Disadvantages:

• Poland and some important EU countries (e.g., Spain, Croatia) do not participate,
• The unitary patent is subject to the Unified Patent Court, where court fees for infringement lawsuits are high,
• Requires uniform claims in all states, limiting flexibility,
• Risk of losing protection in all states simultaneously if disputes arise.

The unitary patent is a modern solution reducing costs and simplifying multi-country protection but does not yet cover all EU states. Choosing between a classic European patent and a unitary patent depends on territorial needs and patent strategy.

Professional support from a European Patent Attorney

To patent an invention in Europe, it is advisable to use the services of a patent attorney and a European Patent Attorney. They will professionally manage the EPO procedure and assist with patent validation.

Our team includes lawyers as well as Polish and European patent attorneys.

👉 For detailed support in obtaining a European Patent contact our patent law firm in Poznań.