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Patent Requirements in Europe
  In order for applying and filing for a European Patent you need to provide the following information depending if your application comes from a foreign patent or from a PCT International Application.
 

1.- European Patent Requirements

 

  1. Name and address of the applicant.
  2. Name, address and citizenship of the Inventor(s).
  3. Invention Title, Description of the Invention and priority information.
  4. Claims.
  5. Drawings.
  6. An English, German or French translation of the specifications is required.
  7. Declaration of inventor if applicant is different than the inventor. Does not need notarization. Has to be filed within 16 months from the priority date.
  8. Official certified priority document, including priority number and country of origin (The priority could be claimed if the foreign patent application was filed within 12 months and the patent has not been published). 
  9. Countries that you would like to designate.
  10. Power of attorney

 

The minimum information for filing the patent is contained in 1, 2 and 3. The remaining information could be submitted later.

 

The certified priority document together with a copy of a certified original application should be presented within 16 months from the priority filing date.

 

2.- European Patent Coming from PCT (Regional Patent).

 

  1. PCT publication (with this number we could look the publication ourselves in the WIPO database)

  2. PCT English translation indicating if there has been any amendments to the original PCT filing.

  3. Countries that you would like to designate (have to be designated within 6 months from the publication of the International Search Report). Payment is up to a maximum of 7 countries.

  4. Power of attorney (it does not require legalization).

  5. Information if the PCT International Examination (Chapter II) has been taken.

 

If the European Patent Application comes from a PCT application, the Request for Examination has to be ordered at this time.

 

Please consider that, any invention also could be directly patented in any desired state.

However, the costs of multiple national applications are much higher than the cost of a European Patent application.

 

 

European Patent Other Information (EPO)

 

Concession of the Patent Grant: 20 years

Member of the Paris Convention: Yes

Member of the PCT: Yes

 

The European Patent covers the following countries (if designated):

 

Member States: Austria, Belgium, Bulgaria, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Liechtenstein, Luxembourg, Monaco, Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden, Switzerland, Turkey and United Kingdom (UK).

 

Extension States: Albania, Latvia, Lithuania, Republic of Macedonia and Croatia.

 

The EPO allows 31 months to present a PCT regional application.

 

  1. Patent Filing
  2. Search Request
  3. Publication: 18 months from the priority date or from the European patent filing date whichever is earlier.
  4. Examination:  Must be requested within 6 months of the publication date of search report.
  5. Payment of the Final Fees and Title.
  6. Patent Validation and filing the local language translations in the designated states.
  7. Maintenance Fees: Annually from the 3rd year.
     
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