EP Patent Process
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Before Applying
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The idea for the European Patent Convention was created in 1949, but was not perfected and spread throughout Europe until the late 1970's. Every year since then, new countries are adapting to the policies of the EPC. The European Patent Convention is an organized legal system to grant European patents. While there is no single European-wide Patent organization, approximately 40 countries throughout Europe follow the European Patent Convention. Make sure that the company you live in is under the European Patent Convention. If they're not, you'll need to go through your countries specific Patent program.
Application and Filing
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To apply for a patent, several forms must be filled out. These forms may be filled out in any language, but if they are not filled out in English, French or German, a translated copy will need to be included. The forms filled out will depend on the specific patent you are trying to obtain and it is important to contact the patent office directly to learn everything that you will need. Applications may be submitted at the European Patent headquarters in Munich or sub-offices in Berlin or Rijswijk, Netherlands. Most people apply for their patents through the easy to follow online process. The online process will ensure that you have all required documentation, which is preferred to filing in person, where you will be required to leave and come back if you do not have all necessary paperwork. The European Patent Office website provides a patent filing program that people may download right onto their home computer. Once the application is filled out, the EPO will go through the process of filing it. This is done to ensure that all required paperwork has been submitted and is filled out completely. The EPO has 2 months to contact the inventor and make them aware of any missing documents.
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Thorough Examination
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After all paperwork is filled and processed, a thorough examination is done to see if the claimed invention meets the requirements of the European Patent. The EPO checks to make sure that there are no other inventions already in the patent system that match up directly with the claimed invention. Once the search report is completed, the application is published and the inventor will need to pay all fees. These fees vary from each country, so it is important to check with your home residence to see what fee you will be required to pay.
Grant of a Patent
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As a final step, the European Patent Convention reviews the application and the invention one more time to make sure it meets all of the requirements of the EPO. If the group decides that the claimed invention can be patented, it is published on the European Patent Bulletin. The patent is in effect on the date of publication, as long as all fees have been processed. After the invention is published, other states and countries have a specific time frame to review the patented invention and make sure there are no problems with the granted patent. If there is, the country is allowed to contact the European Patent Convention for an appeals process.
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