European patent

PubliƩ le 26 August 2024

The European patent is an intellectual property right that allows an invention to be protected across most of continental Europe and can be extended/validated in other countries around the world, such as Morocco, Hong Kong and Cambodia. Currently, the European patent covers 39 member states and with Hong Kong, 7 extension or validation states.

The European patent was established with the ratification of the European Patent Convention (EPC) by certain European states in 1973, with the aim of creating a legal framework that allows inventors to file a single patent application that would be valid in multiple European countries, thereby simplifying the process and reducing the costs associated with obtaining multiple national protections.

The filing of a patent application is done through the European Patent Office (EPO) founded in 1977, which conducts a prior art search and examination to ensure that the patent application meets the patentability criteria as defined by the EPC.

After a European patent is granted, it must be validated in each of the states where the holder seeks protection.

Since June 1, 2023, it has been possible to request unitary effect (or obtain a Unitary patent) for a combined validation in 17 EU member states.

 

See the IP lexicon