European Union
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Patent Services in the European Union
The main importance of the European patent is that through a single European application, you are able to obtain and validate the patent in more than 38 contracting states. Therefore, if you intend to market your invention across Europe, the European patent application is a cost-effective alternative.
European Union General Information
Invention Patent
(Paris Route or PCT)
Design Patent
Filling Timelines
The time limit for the PCT national phase entry in Europe is 31 months from the earliest date of priority and 12 months for Direct Paris Route application. This term can be restored within two months from the missed deadline.
The time limit for filing a design is 6 months from the earliest date of priority. This time limit ca be restored within 2 months from the missed term by paying an additional fee.
Required Documents
Signed POA, inventor declaration, assignment and Original certified copy of priority, if applicable.
Signed POA, inventor declaration, assignment and Original certified copy of priority, if applicable. A drawing set of the different views of the design.
Examination
The examination fees are included in the official fees that are paid at the filing stage. The first examination report must be issued by the EPO within 18 months from the filing date. It is possible to request accelerated examination under PPH under certain circumstances.
The patent office will review if the design application meets all formalities and registrability. No examination fees must be paid. If the application is accepted to registration, the design will be published in the Community Designs Bulletin and a certificate of registration will be issued. Normally the granted patent is issued within 3 months from the filing date.
Granting
After receiving the Notice of Allowance, the applicant must pay the “Granting fees” and file the translation of the claims into french and german within 4 months from the notice of allowance. Once the patent is granted the invention will be automatically validated in France, Germany, Ireland, Luxembourg and United Kingdom. Also, the applicant can validate the patent in other 38 European contracting states, within 3 months from the granting date and paying a validation fee.
No granting fee must be paid, once the design has been accepted will be published in the Community Designs Bulletin and a certificate of registration will be issued. The “Maintenance” fees must be paid each period of 5 years from the filing date of the application and the patent term of the design is 25 years.
Member/Validation States
The Contracting states and “extension states” which are not Contracting States to the EPC are: Albania, Austria, Belgium, Bulgaria, Bosnia and Herzegovina, Cambodia, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Ireland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Moldova, Monaco, Montenegro, Morocco, Netherlands, North Macedonia, Norway, Poland, Portugal, Romania, San Marino, Serbia, Slovakia, Slovenia, Spain, Sweden, Switzerland, Tukey, Tunisia and United Kingdom.
The Community Design patent is valid in 27 European Union countries: Austria, Belgium, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, the Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain and Sweden. Since Brexit occurred at the start of 2021, in order to protect your design, we must file a design application directly with the United Kingdom.
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FAQ’s
How long can it take a European patent to be issued?
A standard patent application process in Europe can take between 2 and 3 years from the filing date. However, an accelerated examination can be requested. Contact us for additional information.
Can a European patent application be restored after abandonment?
Yes, a patent application that has been abandoned, it can be revived by filing a request for restoration within 2 months from the missing deadline, paying the regarding fees and correcting the cause that resulted in the abandonment.
Why Patentarea.com?
We have a team of patent attorneys and engineers, with years of experience making patent searches, filing patent applications and following up on the patent process in more than 30 countries, which allows us to assure you:
-Competent professionals will perform all the necessary procedures for filing and following up your patent application.
-You will receive timely information regarding updates for the application process.
-If objections or rejections arise in the patent application process, knowledgeable attorneys will advise you on the appropriate course of action.
-All information provided to us will be kept in absolute confidentiality. Before entering any business relationship we electronically sign a confidentiality agreement with you that protects your interests (View our confidentiality agreement).
Who will be in charge of my application?
In countries where services are offered, Patentarea.com relies on teams of recognized and experienced patent attorneys, allowing us to assure a high-quality service.
To learn about the attorney directly in charge of your request select the link “Attorney in charge” located on the toolbar or in the “About Us” section.
