The European Patent Organisation (EPO) is an intergovernmental organisation established on 7 October 1977 in pursuant of the European Patent Convention (EPC) 1973
EPO has following member states:
- Austria
- Belgium
- Bulgaria
- Switzerland
- Cyprus
- Czech Republic
- Germany
- Denmark
- Estonia
- Spain
- Finland
- France
- United Kingdom
- Greece
- Croatia
- Hungary
- Ireland
- Iceland
- Italy
- Liechtenstein
- Lithuania
- Luxembourg
- Latvia
- Monaco
- Former Yugoslav Republic of Macedonia
- Malta
- Netherlands
- Norway
- Poland
- Portugal
- Romania
- Serbia
- Sweden
- Slovenia
- Slovakia
- San Marino
- Turkey
Requests for the grant of a European patent must be filed on the form prescribed by the European Patent Office (EPO Form 1001). This should be accompanied by a “Designation of the inventor” form (EPO Form 1002). An “Authorisation” (EPO Form 1003) may also be required.
European patent applications must contain:
- European patent grant request on the prescribed form (EPO Form 1001)
- The details and the description of the invention
- One or more claims
- Any drawings which have been referred to in the description or the claims
- An abstract of the invention
The European and national patent grant procedures exist in parallel. When seeking patent protection in one or more EPC contracting states the applicant has a choice to choose either to follow the national procedure in each state or to take the European route. The EPO confers protection in all the contracting states which the applicant designate in a single procedure.
If the registration of the patent of invention is required in one particular country then it is better to apply for that country only through national patent office of the country concerned.
The maximum term of a European patent is 20 years from its filing date. The patent may lapse earlier if the annual renewal fees are not paid or if the patent is revoked by the patentee or after opposition proceedings.
English, French or German are the EPO’s Official Languages. European patent application may be filed in any language. However, if the language is not one of the EPO’s official languages then to file a translation in one of the official languages within two months of filing the application is required. If the translation is not filed in due time, the EPO will invite the applicant to correct this deficiency within two months. The official language into which the application is translated constitutes the language of the proceedings and cannot be changed at a later stage. Failing to file the translation in due time in reply to the EPO’s invitation will be deemed withdrawal of application. In such a case applicant may request re-establishment of rights under Article 122 EPC.
The European Patent Register is the place where the European Patent Office stores all the publicly accessible information on European patents and patent applications in the various stages of the grant procedure. The patent search at EPR is also possible.
European Patent Register is also accessed to:
- Check the status of an application at EPO
- Grant of European patent to application or stage of grant
- Checking the oppositions filed against the patent
- To check correspondence between the EPO and a patent applicant
- Access patent family and legal status information
- Find and download data
Below is the list of the Patent Offices of EPO member countries:
- Albanian Patent and Trademark Office
- Austrian Patent Office
- Bulgaria – Bulgarian Patent Office
- Belgian Patent Office (Ministry of Economic Affairs)
- Croatian Patent Office
- Czech Republic – Industrial Property Office
- The Department of the Registrar of Companies and Official Receiver (D.R.C.O.R.) of the Republic of Cyprus
- Danish Patent Office
- Estonia – The Estonian Patent Office
- Oficina Española de Patentes y Marcas
- National Board of Patents and Registration of Finland
- Institut National de la Propriété Industrielle (France)
- German Patent and Trademark Office / Deutsches Patent- und Markenamt
- Greek Industrial Property Organisation
- Hungarian Intellectual Property Office
- The Icelandic Patent Office
- Irish Patents Office
- Italian Patent and Trademark Office
- Patent Office of the Republic of Latvia
- Information about patent law in Liechtenstein
- The State Patent Bureau of the Republic of Lithuania
- Service de la Propriété Intellectuelle (Luxembourg)
- Malta Industrial Property Registration Directorate
- The State Office of Industrial Property of the former Yugoslav Republic of Macedonia
- Direction de l’Expansion Économique – Division de la Propriété Intellectuelle (Monaco)
Octrooicentrum Nederland (The Netherlands Patents Office) - Norwegian Patent Office
- Patent Office of the Republic of Poland
- Portuguese Patent Office
- Romanian State Office for Inventions and Trademarks
- Patent and Trademark Office of the Republic of San Marino
- Republic of Serbia – Intellectual Property Office
- Slovak Republic – Industrial Property Office
- Slovenian Intellectual Property Office
- Swedish Patent and Registration Office
- Swiss Federal Institute of Intellectual Property
- Turkish Patent Institute
- United Kingdom Intellectual Property Office