Guide for EPO Patent Application Process

EPO Profile

The European Patent Convention regulates the procedure for obtaining a European patent. A granted European patent may be valid as a regular national patent in a designated country after completion of the validation procedure in that country. European patent applications are filed through the European Patent Office (EPO).Read more

EPO Profile

European patents are automatically valid in Belgium, Germany, France, Switzerland, Liechtenstein, Monaco, Ireland, Luxembourg and the United Kingdom. If the applicant wants to obtain patent protection in other European Convention member states, validation procedures are required. Entry into force refers to the process of filing a corresponding request in a designated country, submitting a translation in that country’s language and paying maintenance fees.

Validation of European patents must be carried out in the following member states of the European Patent Convention: Austria, Bulgaria, Cyprus, Croatia, Czech Republic, Denmark, Estonia, Spain, Finland, Greece, Hungary, Iceland, Italy, Latvia, Lithuania, Macedonia, Malta, the Netherlands, Norway, Poland, Portugal, Romania, Sweden, Slovenia, Slovakia, San Marino, Turkey as well as Serbia and Albania. The validity of European patents can be extended to Bosnia-Herzegovina and Montenegro, which are not parties to the European Patent Convention but have signed an extension agreement with the EPO.

The European Patent Office has entered into agreements with Morocco, the Republic of Moldova and Tunisia in 2010, 2013 and 2014. European patents filed on or after 1 March 2015 are valid in Morocco. European patents filed on or after 1 November 2015 are valid in Moldova. A validation agreement with Tunisia has not yet been ratified.

Intellectual Property Legal System

European Patent Convention

International Organization/Agreement

Patent Cooperation Treaty
Paris Convention for the Protection of Industrial Property

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Filing Language

German

French

English

申请流程 Application Process Flow

发明专利申请流程 Invention

Name of Patent Office

European Patent Office

English: Convention on the Grant of European Patents, abbreviation: EPO

Website: www.epo.org

European Invention Patent Search: EPO - Searching for patents

The structure of the European patent application number is 9 digits, organized by year, the first two digits indicate the year of filing the application, and the digits after the decimal point are computer check digits, namely:
[2-digit AD year] + [6-digit serial number] + [.] + [check code]
All published patent specifications are assigned the same publication number, including published patent applications (A1 or A2), separate published European search reports (A3), approved patent documents, i.e. patent specifications (B1) and a published New patent specification (B2).

Document Requirements

Filing Language: English/French/German

via Paris Convention

via Nationalization of PCT

Necessary documents:

Abstract
Abstract Drawing
Claim
Specification
Drawing

Necessary documents:

Abstract
Abstract Drawing
Claim
Specification
Drawing

Attachments (if any)

Sequence Listing (PDF format and TXT format)
Deposited Receipt of Microorganism and English/French/German Translation
Viability Statement of Microorganism and English/French/German Translation
Certified Priority Document
Declaration of Ownership/Certification of Employment/Assignment of Priority
Assignment for Patent Right Transfer
Notification issued by CNIPA notify the applicant the application has passed through the security review.
Statement for further processing

Attachments (if any)

WIPO Publication
ISR/IPRP
Amendments under Art. 19/34/28/41 at the time of the national phase entry
Sequence Listing (PDF format and TXT format)
Deposited Receipt of Microorganism and English/French/German Translation
Viability Statement of Microorganism and English/French/German Translation
Declaration of Ownership/Certification of Employment/Assignment of priority
Assignment for Patent Right Transfer
Statement for further processing

Term of Protection

20 years, and the term of protection in the field of medical or plant protection varieties can be extended appropriately.

Due Date

via Paris Convention : 12 months from earliest priority date.
via Nationalization of PCT : 31 months from earliest priority date.

Application Process Flow

EPO conducts formality examination and substantive examination of invention patent applications. The examination procedure mainly consists of two stages. The first step includes formality examination stage, preparation of search report and preliminary opinion on whether the required invention and application meet the requirements of EPC. The second step is substantive examination stage. The applicant shall file a request for substantive examination within 6 months from the date of issuance of the search report. The applicant shall pay the granted fee, the annual fee of the year and the translation of the claim in English, French or German within 4 months from the date of granted. Validation procedures must be completed within 3 months from the date of the granted.

Novelty Grace Period

A novelty grace period of 6 months prior to the filing date/priority date is available if:

The patent was made public for reasons related to the misuse by the inventor or his predecessor owner.
The patent is disclosed at an official organization or an officially recognized international exhibition.

Grant Average time

4-6 years

Grant and Annuity

Grant Fee: The applicant shall pay the granted fee within 2 months after receipt of the notification of granted.
Annuity: The annual fee shall be paid year by year from the 3rd year from the filing date. Overdue payment may be postponed within a 6-month grace period, and a 25% penalty shall be paid at the same time.