How to Apply for an EU Patent
To protect an invention, the inventor will have to apply for a patent. Applying for a European Patent through the European Patent Office will protect your invention throughout Europe. Though the application process is fairly simple, it can take up to 18 months for a patent to be granted.
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Instructions
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Compile an application for a European Union patent. The European Union issues patents under both the European Patent Convention and the Patent Cooperation Treaty. A patent application should consist of a formal letter requesting a patent, a detailed description of your invention, drawings or photos, and a summary of how the invention is expected to be used. These items can be filed with the European Patent Office in any language, but you must provide a translated copy for any items not submitted in English, French or German.
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File your patent application with the European Patent Office. Once you have filed your application with the European Patent Office and paid the 180 euro filing and examination fee, your application will be given a filing date. The European Patent Office will go over all the submitted material during the examination process to be sure that everything is in order. You will be contacted if there is a problem with your application.
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Pay the 1,050 euro search fee and wait to receive a European search report from the European Patent Office. While your patent application is being examined, the European Patent Office will also conduct a search to assess the novelty and innovation of your invention. You will also receive a preliminary opinion on whether your submitted invention is eligible for a patent under the requirements of the European Patent Convention.
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Decide in which countries you would like patent protection. Your patent application will be published approximately 18 months after the filing date. At that point the European Patent Office will contact you to confirm that you want to continue with the application process. Depending on where you want your patent protection, a copy of your submitted patent application will be filed with each appropriate nation.
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Make a formal request for substantive examination. During the substantive examination, the European Patent Office will examine the submitted patent application and invention to determine if they comply with the requirements of the European Patent Convention. If the examination division feels that the submitted application meets the requirements, a patent will be issued and published in the European Patent Bulletin.
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Tips & Warnings
If your patent application is denied, you can request an appeal through the European Patent Office.
Be sure that all items of the patent application are in order before filing. If an item is missing or completed incorrectly, it can cause delays in the application process.
