• Patent fees

Fees associated with European PCT regional phase entry as well as other patent fees are available in the fee calculator.

• Deadline for PCT regional phase entry in EPO

The PCT application should enter into the European regional stage within 31 months from the priority date. This term may be extended by two months on condition that the corresponding fine is paid.

• Filing requirements in Europe

The language of the proceedings is one of the official languages of the European Patent Office (English, German, French). If the PCT application entering the European regional phase was filed in another language, the translation of the application into one of the EPO official languages must be submitted within the 31-month limit or within two months from the EPO notification provided that a corresponding fee is paid. After the decision to grant a patent is issued, the patent claims must be translated into two other official languages.

To enter the regional phase in EPO, it is necessary to submit:
- a request to grant a patent;
- a copy of the international application.

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

• Examination of a PCT regional phase patent application in EPO

A patent search is the obligatory stage in the course of European Patent grant. It should be requested within 31 months from the priority date.

A request to conduct a substantive examination of the European patent application entering the regional phase in EPO should be filed within 31 months from the priority date. It is possible to request accelerated examination via the PPH-route under certain circumstances.

• Novelty grace period

The European Patent legislation provides 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 official grant fee must be paid within four months from the EPO communication. Annuities apply to pending applications and are payable for the third and each subsequent year calculated from the international filing date. An annual fee is due on the last day of the month containing the anniversary of the international filing date 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 from the regional phase entry to obtain a European patent certificate.

• Utility Model

It is not possible to enter the European regional phase as a utility model.

• 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

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