patent & trademark attorneys Brno
European patents provide their owners with the opportunity to obtain exclusive rights over a technical invention from more than 40 countries in proceedings before a single IP office – the European Patent Office (EPO) in Munich. Based on a granted European patent, the owner may prevent any third party from using the invention, including producing, importing or storing the invention, without their permission. The maximum term of a European patent is 20 years following the date of filing. Since 2023, the applicants may also request unitary effect which confers a uniform protection across 18 of the 25 participating EU member states.
Are you interested in what the entire patent application process entails and the costs involved in obtaining and maintaining a European patent? Learn what needs to be done on your end - and what can we do for you.
Call us at +420 543 217 593, email us at info@kaniasedlaksmola.cz or make an appointment at our office at Mendlovo namesti 1a in Brno.
The European patent application may be filed in any language. However, if not filed in one of the EPO’s official languages (English, French or German), a translation has to be provided within two months of filing the application.
After filing, the European patent application is searched and examined by the EPO with regards to novelty, inventive step and other aspects. The applicant may amend the description, claims and drawings in response to objections raised by the EPO, but without adding any new information.
Upon the grant of the European Patent, the mention of the grant is published in the European Patent Bulletin. The date of publication marks the beginning of the 3-month period for validating the patent in selected countries and the 1-month period for requesting unitary effect.
The applicant selects the territories in which the protection conferred by the European Patent is desired. The applicant may choose to validate the granted patent in one or more of the 40 member states of the European Patent Convention and 6 extension/validation states and/or request unitary effect which transforms the granted patent into a Unitary Patent conferring uniform protection in 18 of the 25 participating EU states, or combine both approaches.
As long as the European patent application is pending, the annual renewal fees are payable directly to the EPO. After grant, the renewal fees are paid directly to the national offices for each country in which the patent is validated and/or to the EPO for the unitary patent.