Overview
The European Patent Organisation, established by the European Patent Convention (EPC) of 1973, provides a central framework for granting patents through the European Patent Office (EPO). With 39 member states (27 being EU member states and 12 being non-EU member states), this system provides a centralized grant procedure, in which the EPO handles a single application and examination process, followed by validation in each designated country. Notably, the new Unitary Patent system entered into force on 1 June 2023, allowing a patent granted by the EPO to have a unitary effect across participating EU Member States.
Because the EPO focuses exclusively on patents, the protection of other intellectual property rights, such as trademarks and industrial designs, is handled by separate institutions or frameworks. Nevertheless, applicants can strategically combine multiple systems - such as the EU trademark (EUIPO) or the Designs - Hague System (WIPO) - to secure comprehensive rights in Europe and beyond.
IP office
The European Patent Office handles the filing, examination and grant of European patents under the European Patent Convention (EPC). Each granted European patent then requires validation at the national level or - beginning 1 June 2023 - can acquire Unitary Patent protection in participating EU member states. Key elements of this framework include:
A single European patent application is directly filed with the EPO or through a national patent office in an EPC contracting state. The application can also be filed by way of the Patent Cooperation Treaty (PCT) route.
A thorough substantive exam is performed to assess novelty, inventive step, and industrial applicability.
Renewal fees are paid annually to the EPO starting from the third year after filing, and after grant, they must be paid to each designated state where the patent is validated (unless covered by the Unitary Patent, which has its own fee structure).
Member states of the European Patent Organisation extend beyond the EU, offering a broad geographic scope.
The Unitary Patent aims to reduce administrative burdens by eliminating separate validation procedures in many EU countries.
This information does not constitute legal advice; it is for informational purposes only.
