How to Make Your Patent Valid in Europe

Since a U.S. patent, which prevents others from manufacturing or selling a specific design or invention, is valid only in the United States and its territories, you must reapply for a new patent in Europe. All member nations of the European Union are under the jurisdiction of the European Patent Office, which will help to streamline your patent applications. Follow these steps to get started.

Things You'll Need

• Patent attorney or patent agent

Instructions

1. Insist upon using a patent attorney or patent agent familiar with the European Patent Office or other foreign patent authorities in Europe. They can provide you with all the pertinent forms and applications, and a knowledgeable authority will make the process more efficient. The period for completing the patent process will vary according to the country in question or the patent itself.

2. Obtain a license from the director of the United States Patent and Trademark Office before you try to make your patent valid in Europe. This is imperative if it has been 6 months or less since you applied for a U.S. patent for the identical invention or design.

3. Beware of the slight difference in patent definitions, which are more conservative in Europe than in the United States and Asia. For instance, the European patent offices grant patents on the basis of industrial applicability, novelty and having an "inventive step." Compare this with the U.S. definition, which stresses "usefulness."

4. Note the first-to-apply rule for the European Patent Office, which does not restrict the patent application to the actual inventor, like in the United States. In Europe, the first person to apply for a patent is presumed to be the inventor.

5. Familiarize yourself with the countries that belong to the European Union and those that do not. Non-EU countries may have differing patent procedures than the European Patent Office.

6. Visit the European Patent Office Web site to find out the different patent requirements for each country (see the Resources section below).

Tips & Warnings

• Most foreign countries, including the European Union, require you to transfer all manufacturing operations for a specific patent to the country where the patent is sought, often within a period of 3 years. Consult the European Patent Office in question before you apply for a patent.