Since 1999, NEVA-PATENT has been providing services for obtaining European patents for inventions.
Filing a European patent application in accordance with the European Patent Convention (hereinafter – EPC) allows applicants to seek patent protection in any of the EPC member states. As of today, the EPC member states include: Austria, Albania, Belgium, Bulgaria, Switzerland, Cyprus, Czech Republic, Germany, Denmark, Estonia, Spain, Finland, France, United Kingdom, Greece, Croatia, Hungary, Ireland, Iceland, Italy, Lithuania, Liechtenstein, Luxembourg, Latvia, Monaco, the former Yugoslav Republic of Macedonia, Malta, Netherlands, Norway, Poland, Portugal, Romania, Sweden, Slovenia, Slovakia, San Marino, Serbia, and Turkey. In addition, the effect of a European patent may be extended to non-EPC countries: Montenegro and Bosnia and Herzegovina.
The European Patent Office (hereinafter – EPO) grants patents for inventions in any field of technology if they meet the patentability criteria (Articles 52, 54, 56, and 57 of the EPC):
- Novelty: the invention is considered new if it does not form part of the prior art;
- Industrial applicability: the invention is considered industrially applicable if it can be made or used in any kind of industry, including agriculture;
- Inventive step: the invention involves an inventive step if, to a person skilled in the art, it is not obvious in light of the prior art.
The prior art includes everything made available to the public by means of written or oral description, use, or in any other way before the filing date of the European patent application.
Under the EPC, the following are not regarded as inventions:
- Discoveries, scientific theories, and mathematical methods;
- Aesthetic creations;
- Schemes, rules, and methods for performing mental acts, playing games, doing business, and computer programs as such;
- Presentation of information as such.
European patents are not granted for plant or animal varieties, methods for treatment of the human or animal body by surgery or therapy, diagnostic methods applied to the human or animal body, or inventions whose commercial exploitation would be contrary to “ordre public” or morality (Article 53 EPC).
The term of a European patent is 20 years from the filing date. The patent term may be extended in a specific EPC member state in accordance with its national law (Article 63 EPC).
The European patent application must be filed with the European Patent Office in one of the three official languages – English, German, or French.
The priority of a European patent application may be based on the filing date of a prior invention application in any EPC contracting state, provided the European application is filed with the EPO within 12 months from that date.
The procedure for obtaining a European patent takes approximately 3–5 years and includes two stages: formal examination and substantive examination.
During formal examination, the presence and proper formatting of the documents submitted in the European application are checked, along with compliance with the formal requirements established by the EPC Implementing Regulations (adopted by the Administrative Council of the European Patent Organisation on December 7, 2006).
During the substantive examination, the EPO verifies whether the application meets the requirement of unity of invention, the conditions of patentability, and other legal provisions of the European Patent Organisation. Patentability is assessed based on the prior art established through a patent search.
The European patent application is published 18 months after its filing date or, if priority is claimed, after the priority date. Upon request from the applicant, the EPO may publish the application earlier.
If the claimed technical solution meets all the patentability requirements, the EPO issues a communication of intention to grant the patent. Upon timely payment of the required fees and submission of translations of the claims into the two other official EPO languages, the examining division issues a decision to grant the European patent.
Once granted, the European patent is considered a bundle of national patents in the designated states. The European patent then falls under the jurisdiction of the national patent offices of those designated EPC contracting states.
During the prosecution of a European patent application, the following fees are payable: filing fee, search fee, claim fees (starting from the 16th claim), designation fee, examination fee, renewal fees for maintaining the application in force (from the third year after filing), grant fee, and publication fee.
Annual renewal fees for maintaining a granted European patent in force are payable to the national patent offices of the respective states.
The cost of European patenting is calculated individually upon request.
To file a European patent application, the applicant must provide:
- A complete set of invention application materials;
- If available – patent search results;
- The full and exact name of the applicant (individual);
- The applicant’s address, and a postal address for correspondence; names and residential addresses of the inventors;
- A power of attorney signed by the applicant authorizing a national patent attorney (form is provided; notarization and legalization are not required).