• Patent fees

Fees associated with filing European patent applications as well as other patent fees are available in the fee calculator.

• Term for filing a patent application with the EPO

The deadline for filing a patent application that claims priority of an earlier application with the EPO is 12 months from the date of priority. The restoration of priority is possible within two months from the missed deadline.

• Filing requirements in Europe

The official languages of the European Patent Office are English, French and German. Applications for a European Patent may be filed in any language, but the translation of the application into one of the official languages must be submitted within two months from the filing date. After the decision to grant a patent is issued, the patent claims must be translated into two other official languages.

To obtain the date of filing, it is necessary to provide the EPO with:
- a request to grant a patent;
- a description in any language (no claims are needed) or a reference to a previously filed application;
- information on the applicant(s).

A certified copy of the Priority Document must be submitted within 16 months from the date of priority.

The Power of Attorney is not required to obtain the filing date, meanwhile, it may be requested by the Patent Office at any time during prosecution. No legalization or notarization is required.

If the applicant is not the inventor or not the sole inventor, a Designation stating inventor’s name and address shall be filed in a separate document.

• Examination of a European patent application

The EPO examines applications as to compliance with formal requirements after the filing date has been accorded to the application.

A patent search is the obligatory stage in the course of European Patent grant procedure. It should be requested at the time of filing.

A request to conduct substantive examination of the European patent application should be filed within six months from the publication of the search report. It is possible to request accelerated examination via the PPH-route under certain circumstances.

• Novelty grace period

The European Patent Convention provides for a six-month novelty grace period. If disclosure due to an evident abuse in relation to the applicant or his legal predecessor, or due to display at an official or officially recognised international exhibition took place within the said period, it will not disprove the novelty of the invention.

• Grant, validity term and maintenance fees

The term of the European patent is 20 years from the filing date. The official grant fee must be paid within four months from the EPO communication.

Annuities apply to pending applications and are payable from the third year of the filing date. An annual fee is due on the last day of the month containing the anniversary of the filing date of the European patent application and may not be paid earlier than three months before it falls due. Late payment is possible within six months after the due date on condition of payment of a surcharge.

• Duration of registration procedure

On average, it takes 3 to 5 years to obtain a European patent certificate.

• Utility Model

Protection of utility models is not possible under the European Patent Convention.

• Representation by a patent attorney

For applicants not residing or having a principal place of business in any of the European Convention contracting states, it is necessary to appoint a representative and act through the representative in all proceedings before the EPO, other than in filing European patent application.

•  Notes

1. Online Database for European Patents (EP) Search.

Brief summary is based on the information provided by Mikhailyuk, Sorokolat & Partners on 09.04.2024
Please contact us if the above information is not in conformity with European IP Laws