The European patent is a protection document issued by the European patent organization.
08 january 2017, 21:28
The European patent is a title granted by the European patent organization. The European patent system is based on the cooperation of the patent offices of Europe with national offices of Contracting States the Contracting States.
The basic idea of the European patent, the possibility of obtaining patent protection in 40 European countries on the basis of one application filed with the European patent office in one of the official languages is English, German or French. Usually the registration procedure takes 3 years.
The European patent can be obtained via the Euro - PCT route according to which European patents may be granted on the basis of an international application filed under the patent cooperation Treaty PCT.
European patent is easier and cheaper way to obtain patent protection if a patent is sought at least 3-4x European countries.
The advantages of the European patent
The stages of the European patent
The application is submitted to the European Patent Office EPO in one of the official languages of the EPO English, French, German and should consist of
In addition, under article 75 of the European patent Convention, there is a possibility to file a European application through the national patent offices of the Contracting countries if permitted by the law of this country.
Also simultaneously with the filing of the application may be declared and paid to substantive examination. Or the examination is declared after 6 months from the date of filing in the European patent Bulletin information on the publication of the search report on the application upon receipt of the corresponding notification of the EPO.
2. Formal examination of the application
This step determines whether the application meets the formal requirements and the application is assigned a filing date.
The search is performed by the EPO for prior art and the novelty of an invention for which the patent is sought. Once a patent search made, the applicant is sent a report stating whether the claimed invention to the requirements of the European patent Convention and consequently what are the chances in obtaining a patent.
4. The publication of the application
Typically, the publication of the application is carried out together with the patent search report namely on the expiry of 18 months from the filing date or the priority date. The applicant shall within 6 months submit an application and pay the fee for substantive examination. Since the publication of the European application gets temporary legal protection in all member countries of the EPC.
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