Patent application process at the European Patent Office

20 years, the protection period can be extended by 5 years in the field of medical or plant protection varieties

• Paris Convention route: 12 months from the earliest priority date (priority restoration is accepted on the grounds of “due care”, official fee: EUR 750)
• PCT route: 31 months from the earliest priority date (accepting restoration of priority right on the grounds of “due diligence”, official fee: EUR 750)

The European patent application starts with the filing of the application and is divided into two main stages. The first stage includes formal examination, writing a European search report and a preliminary opinion on patentability, and ends with the publication of the EP application and search report on the EPO server. The EPO's acceptance department and search department are responsible for this stage of work; the second stage is substantive examination and authorization. The examination department is composed of three examiners with technical backgrounds, and an examiner with legal qualifications may be added if necessary. Before authorization, one examiner is usually the chief examiner, who is responsible for sending necessary letters and contacting the applicant through writing, telephone and video conference.

• For the EP patent applications received, the EPO will issue a notice of acceptance with the European patent application number and the European patent application date after completing the confidentiality review. The application number consists of 9 digits. The first two digits indicate the year of application. The last digit is the check digit. The remaining 6 digits in the middle are used for consecutive numbering in the order in which the applications arrive at the place of application, starting from the lowest digit in the specific range of 6 digits. For Euro-PCT applications, the dedicated range of 6 digits in the application number uses "7", "8" or "9" as the third digit, which does not reflect the place of application or the method of application.
• Language/Translation: The official languages of European patent applications are: English, French and German. If submitted in other languages, English/French/German translations must be submitted within 2 months from the date of application. If the translation is not submitted on time, it can be submitted 2 months after the EPO issues the notification. In addition, at the authorization stage, the applicant must provide translations of the European authorization claims in the other 2 languages within 2 months from the date of receipt of the authorization notification.
• Claims are not a necessary document to obtain a filing date. Claims can be supplemented within 2 months after receiving a notice of correction from the EPO.
• If the application documents do not meet the acceptance requirements, the EPO will issue a notice of formal correction and the applicant must respond to the correction within 2 months. This period cannot be extended.
• The mandatory fees that applicants should pay during the entire review stage are:
  • The application fee, and possibly the additional description fee or claims fee (for more than 15 claims and 35 pages of description), must be paid within one month from the filing date, or within 31 months from the filing date for Euro-PCT applications
  • The search fee must be paid within one month from the filing date. For Euro-PCT applications, it must be paid within 31 months from the filing date. For first-time EPO applications, the applicant will receive the search report within five months from the filing date. The applicant must respond to the search opinion within the time limit specified in EPC 70(1).
  • The designation fee must be paid within 6 months from the date of publication of the European search report at the latest. All contracting states of the European Patent Convention are automatically designated. For Euro-PCT applications, the designation fee must be paid within 31 months from the filing date/priority date
  • Extension fee, payable at the latest within 6 months from the date of publication of the European search report, for Euro-PCT applications within 31 months from the filing date/priority date, or within 6 months from the date of publication of the international search report (whichever is later)
  • Effectiveness fee: payable at the latest within 6 months from the date of publication of the European search report. For Euro-PCT applications, payable within 31 months from the filing date/priority date, or within 6 months from the date of publication of the international search report (whichever is later).
  • Examination fee: The applicant must file a request for examination within six months from the date of publication of the European search report in the European Patent Bulletin.
  • Grant Fee and Grant Announcement Fee
  • 3rd year annual fee
• The applicant's documents during the entire review stage include:
  • Language/Translation: The official languages of European patent applications are: English, French and German. If submitted in other languages, English/French/German translations must be submitted within 2 months from the date of application. If the translation is not submitted on time, it can be submitted 2 months after the EPO issues the notification. In addition, at the authorization stage, the applicant must provide translations of the European authorization claims in the other 2 languages within 2 months from the date of receipt of the authorization notification.
  • Designation fee: When filing a European patent application, all contracting states for which the European Patent Convention has entered into force on the filing date are deemed to have been designated, of which Switzerland and Liechtenstein can only be designated jointly. Even if all contracting states are deemed to have been designated when filing an application, the application must pay the corresponding official fee to confirm the designation of all contracting states, unless the designation of individual countries is explicitly withdrawn.
  • Designation of inventor: EPO applications must be filed using Form 1001 and must designate an inventor, who must be a natural person. If the applicant is not the inventor, a declaration of ownership must be submitted to explain the source of the application rights.
  • Priority Document: The applicant may submit a priority document within 16 months from the priority date at the latest.
  • Priority claim: If an EP patent application claims priority from a prior application, the applicant must provide a copy of the search results of the prior application. If the search results are not available at the time of submission, they must be submitted immediately after obtaining the search results. As long as the prior application is under review by the EPO, the applicant is obliged to submit the search results of the prior application. If the EPO finds the search results during the review but does not submit them, the applicant must submit the search results within 2 months from the date of the EPO's publication. If the search results are not responded to or submitted within the time limit, the EP patent application will be deemed withdrawn.
    • The priority declaration is preferably made when the application is filed, but may be made within 16 months from the earliest claimed priority date. If the priority claim is made after the filing date and results in a change in the earliest priority date, the 16-month period starts to run from the new earliest priority date in accordance with section 88(2) of the Patents Act.
    • If the priority application was filed in Austria, China, the Czech Republic, Denmark, Japan, South Korea, Spain, Sweden, Switzerland, the United Kingdom or the United States, you are exempt from the obligation to submit a copy of the search results.
    • Normally the EPO will only examine the formal conditions of the priority claim. If the examining authority finds prior art between the priority date and the European patent application date, or finds an earlier right under Article 54(3), it will usually check whether there is a priority claim. The subject matter claimed for priority must be directly and unambiguously derivable from the priority document.
    • Chinese applicants are required to provide English/French/German translations of the priority documents. If the EP patent application is a complete translation of the prior application, a relevant declaration can be submitted. Failure to submit the translation or declaration in time will result in the loss of priority. Patent applications that have lost priority can file a "Request for further processing"
• Search: After the preliminary examination, the EPO will start the search and usually issue a search report within 5 months from the date of application.
  • If an EP patent application contains more than one independent claim in the same class and none of the exceptions listed in Ruel 43(2) apply, the EPO will ask the applicant to respond within two months to explain the basis for the search. If the applicant fails to respond within the time limit, the EPO will conduct a search based on the first independent claim in each class.
  • If the EPO cannot search all or part of the subject matter, the applicant will be required to submit a statement within 2 months to explain the search subject matter. If the statement submitted by the applicant cannot overcome the defects, the EPO will issue a partial search report or declare that a meaningful search cannot be conducted. The subject matter that cannot be searched will be deleted by the EPO examiner in the subsequent substantive examination.
  • If an EP patent application lacks unity, the EPO will issue a partial search report and require the applicant to pay the search fee for other topics within 2 months. This period cannot be extended. If it is found in the substantive examination procedure that the unity conclusion issued by the EPO is not established, the search fee paid will be refunded.
• Publication: EP applications will be published as soon as possible after the expiration of 18 months from the filing date, and the applicant may also request early publication. Technical preparations are deemed to be completed 5 weeks before the expiration of 18 months from the filing date, and if priority is claimed, 5 weeks after the earliest priority date.
  • The published text includes the specification, claims, drawings and abstract. If the search report has been issued, it will be published together with the published text (A1). If it has not been issued, it will be issued separately (A3).
  • All European patent applications, European search reports and European patent specifications are published only in electronic form on the EPO official website and can be accessed and viewed by the public through the European Patent Office website (epo.org).
  • If the claims are amended after receipt of the European search report but before completion of the technical preparations for publication, the amended claims will be published in addition to the claims as filed.
  • If a European patent application is ultimately refused or withdrawn, or is deemed to be withdrawn before the technical preparations for publication have been completed, it will not be published.
  • The EPO will notify the applicant of the publication date of the search report in advance and remind the applicant of the time limits for requesting substantive examination and the deadlines for paying the substantive examination fees starting from that date. It will also point out that the designation fee must be paid within six months from the date of publication of the European search report at the latest. The same applies to any extension fees and confirmation fees.
  • Provisional protection does not take effect until the claims have been translated into one of the official languages of the country.
• Third-party public comments:
  • For details, please visit: https://yezhimaip.com/article/2025-01/17364860315622.html
• Substantive examination: The applicant must submit a request for substantive examination in writing within 6 months from the date of publication of the search report. If the substantive examination fee is not paid, it will be deemed not submitted. Once a request for substantive examination is submitted, it cannot be withdrawn.
  • The applicant can pay the examination fee when submitting the application. If the EP application is withdrawn, rejected or deemed withdrawn before the substantive examination, the examination fee will be refunded in full. If the EP application is withdrawn after the substantive examination begins but before the response to the first examination opinion, 50% of the substantive examination fee will be refunded.
  • If the applicant has effectively filed a request for substantive examination before receiving the European search report, the EPO will require the applicant to indicate within 6 months from the date of publication of the search report whether it wishes to continue the examination. If the applicant does not respond within the time limit, the application will be deemed to have been withdrawn. The applicant may expressly waive the right to confirm the request for examination in the application form to speed up the procedure.
  • The applicant will be required to respond to the European extended search report and its opinions within 6 months of submitting or confirming the request for examination, and to amend the description, claims and drawings as appropriate. If the application is not responded within the time limit, it will be deemed to be withdrawn.
  • After receiving the search report and before receiving the first examination opinion, the applicant may submit substantive comments on any objections raised in the search report and amend the description, claims and drawings.
  • The EPO will issue a notice of authorization for patent applications that meet the authorization conditions and require the applicant to pay the authorization fee, publication fee, excess fee for claims exceeding 15, and translate the claims into two official languages other than the filing language within a non-extendable 4-month period.
  • Before obtaining final authorization, the applicant still has the opportunity to make minor amendments or request correction of errors within the time limit of Rule 71(3).
• Expedited review:
  • For details, please visit: https://yezhimaip.com/article/2025-01/17364867005623.html
• Grant stage: The EPO will issue a granted patent text for the patent application that it decides to grant. The text includes any amendments and corrections made by the examining department on its own initiative that the applicant can reasonably expect to accept. The relevant communications will be recorded in Rule 71(3).
  • A notice of intention to grant issued under Rule 71(3) requires the applicant to pay the grant fee and the publication fee within four months from the date of issuance. This period cannot be extended.
  • Submit translations of the claims in two languages other than the filing language.
  • If the application contains different claims for specific contracting states, translations of all claims must be submitted. The examiner has no requirements for the quality of the translation, as long as it complies with Rule 50(1).
  • If the European patent application serving as the basis for grant contains more than 15 claims, the EPO will require the applicant to pay a claim surcharge within the time limit prescribed in Article 71(3).
  • The decision to grant an invention shall take effect from the date of publication in the European Patent Bulletin, at the same time as the description, claims and drawings.
  • Once the European patent specification is published, the EPO will issue a certificate to the applicant. If there is more than one patent owner, each person will receive a certificate. The patent owner can request the EPO to provide a certified copy of the patent certificate with the specification after paying the fee.
• Request for uniform validity:
  • For details, please visit: https://yezhimaip.com/article/2025-01/17364875485624.html
• European extension/validation procedure: At the request of the patent owner, the EP patent application can be effective in a third country. The EP patent application and EP patent will have the same effect as domestic applications and patents, be governed by domestic laws, and enjoy the same protection as EPO-authorized patents.
  • The extension/validation fee should be paid within 6 months from the date of publication of the European search report, or at the latest within a 2-month grace period; or within 2 months from the date of issuance of the notice of loss of rights, together with the surcharge. If the extension/validation request is not paid in time, it will be deemed withdrawn.
• Opposition procedure:
  • For details, please visit: https://yezhimaip.com/article/2025-01/17364892425625.html
• Refund:
  • If the EP application is withdrawn, rejected or deemed withdrawn before the start of substantive examination, the examination fee will be refunded in full.
  • If the EP application is withdrawn, rejected or deemed withdrawn before the EPO starts writing the search report, the search fee will be refunded in full.
  • The designation fee is payable on the date of publication of the European search report in the European Patent Bulletin. The designation fee is only refundable if the EP application is withdrawn, rejected or deemed withdrawn before the publication date. After that date, the designation fee is deemed to have been effectively paid and is therefore not refundable.
• Revocation and limitation proceedings: A request for revocation or limitation may be filed at any time after the grant of the patent, after opposition proceedings, or even after the patent has expired. However, it cannot be filed during the pendency of opposition proceedings against the European patent. The decision to revoke or limit an EP patent is made by the Examining Division.
  • Limitation and revocation proceedings are central ex parte proceedings at the EPO level that allow patent owners to restrict the claims of a granted patent or to revoke the patent in its entirety in all designated countries. More specifically, limitation proceedings offer an opportunity to obtain a limitation of a European patent in a short and straightforward procedure.
• Request for Restoration of Rights - Request for Further Processing: If an EP patent application is about to be rejected, or is rejected or deemed withdrawn due to failure to respond within the time limit specified by the EPO, the EPO will allow the application to proceed if the applicant files a request for further processing within 2 months after the notice of loss of rights. The prescribed fee must be paid for the request for further processing. The omitted actions must be completed within the time limit for filing the application. If the further processing fee has been paid, but the omitted actions have not been completed within the time limit for filing the application, the request for further processing will not be accepted.
• Restoration of rights request - Re-establishment of rights:
  • For details, please visit: https://yezhimaip.com/article/2025-01/17364898715626.html

If the following situations occur, you can enjoy the novelty grace period of 6 months before the filing date/priority date:

• The patent was published for reasons related to the misuse of the inventor or his predecessor
• The patent is disclosed at an officially organized or officially recognized international exhibition

2-4 years

• Authorization fee: The applicant must pay the authorization registration fee within 4 months after receiving the authorization intention notice. This deadline cannot be extended.
• Annual fee: Starting from the third year after the application date, the annual fee must be paid annually. If the payment is overdue, it can be deferred within a 6-month grace period, and a 50% late payment fee will be paid at the same time.

Accepting the restoration of priority rights on the grounds of “unintentional/due care”

• If an applicant misses the 12-month deadline when filing a PCT international application, but still files a PCT international application within 14 months, he or she may file a request for restoration of priority with the receiving Office in accordance with PCT Rule 26.2(3), and the restored priority right will also be effective in the EPO as a designated office and elected office. However, a new request for restoration of priority must be filed with the EPO as a designated office and elected office in the following circumstances:
  • a) No request for restoration of the right of priority was made to the receiving Office during the international phase
  • b) The receiving Office made a negative decision regardless of the applicable standard ("due diligence" or "unintentional")
  • c) The receiving office made a positive decision based on the "unintentional" standard
• A request for restoration of the right of priority under Article 49.3(2) of the PCT must be filed within one month after the expiration of the 31-month period. If a request for early processing has been made, it must be filed within one month after the effective date of the request, together with the payment of the priority restoration fee.
• The request for restoration of priority right requires evidence to explain the reasons why the international application could not be filed within the priority period.

yes

no