Overview
The European Patent Organisation, established by the European Patent Convention (EPC) of 1973, provides a centralised framework for granting patents through the European Patent Office (EPO). With 40 member states (27 EU member states and 13 non-EU states), this system offers a centralised grant procedure in which the EPO handles a single application and a single examination process, followed by validation in each designated country.
Notably, since 1 June 2023 the Unitary Patent system has been in force, giving a patent granted by the EPO unitary effect in the EU member states that have ratified the Agreement on a Unified Patent Court. In the remaining EPO member states, national validation is still required.
Since the EPO deals exclusively with patents, the protection of other intellectual property rights, such as trademarks and designs, is handled by separate institutions or systems. However, applicants can strategically combine several systems, such as the EU trade mark and the EU design (EUIPO), the Madrid System for trademarks or the Hague System for designs (both administered by WIPO), to secure comprehensive protection 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.
