Businesses intending to protect their patents on European markets may apply for a European patent in a simplified procedure under the European Patent Convention. The application can be filed directly with the European Patent Office (EPO).
EUROPEAN PATENT APPLICATIONS
It is the process of filing and granting with the European Patent Office (EPO) The EPO was created by the European Patent Convention (EPC). The EPC provides the framework for the granting of European patents via a single, harmonized procedure before the EPO that functions as a common examining office for patent applications filed under the EPC.
Procedural steps
The procedure has two main stages. The first comprises formalities examination, and preparing a search and an opinion on whether the claimed invention and the application meets certain requirements. The second comprises substantive examination and further granting.
Filing
Applications can be filed at the EPO in any language. However, the official languages of the EPO are English, French and German. If the application is not filed in one of these languages, a translation has to be submitted within 2 months of the date of filing.
If this is a first application for a patent regarding a certain invention, any time, but preferably as soon as possible, and definitely before any publication takes place.
If this is not the first application, the filing must happen within 12 months (priority year) of your first filing or 31st month if it is based on a PCT application.
Search
After carrying out of preliminary examination of the filed documents and the formal examination the European search report will be drawn up, listing and including copies of all prior art documents found by an examiner and regarded as relevant to the invention. The European search report will also include an initial opinion on the patentability of the invention.
Publication
The application is published, normally together with the search report in electronic form, on the EPO‘s publication server. The application is published 18 months after the date of filing or, if priority was claimed, the priority date. After the date of publication, there is a six months for a decision whether or not to pursue the application by requesting substantive examination. If it is decided to continue further with the application, the examination fee, the designation fee and, if applicable, the extension fees has to be paid. Moreover, if any objections were raised in the search opinion, EPO will communicate the applicant to file a response and/or amendments before the examination begins.
Substantive examination
After the request for examination has been made, the European Patent Office examines whether the European patent application and the invention meet the patentability requirements of the European Patent Convention and whether a patent can be granted. This stage in most occasions involve communication between the examiners and applicant, which may result in the amending of the application. If all objections are overcome, a patent will be granted. Otherwise the application will be refused.
Grant
If the patent application satisfy the patentability requirements, the EPO will issue “Communication about intention to grant a European patent”. After receiving this communication, there is a 4-month period to pay the granting fees and file the translation of the claims in other two official languages of EPO that were not language of the procedure. If these requirements are fulfilled, the decision and then also the European patent specification is published electronically. The decision to grant takes effect on the date of publication. A patent certificate is issued and sent to the proprietor in paper form.
European patent attorneys from Minerva IP have more than 15 years of experience in prosecution of the European patent applications before EPO and will gladly help you to obtain a European patent