How to Get a European Patent
There are three ways to obtain patent protection in European nations--the national, European, and international routes. Perhaps the most popular method is the European route through the European Patent Office (EPO), which will get you patent protection in all member nations of the European Patent Convention. This article explores the substantive and procedural considerations necessary to obtain such protection.
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Instructions
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Reduce your invention to concrete specifications that are specific enough to allow someone to build a prototype of it. Make use of drawings, technical language, graphs and any other means of communication necessary to establish that your invention meets the EPO's three fundamental criteria for patentability--invention, novelty and inventive step. Since these three criteria have very precise legal definitions, you will need the help of an experienced patent attorney.
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Perform a "prior art" search utilizing the EPO website and designated European libraries in which you search for previous patents granted to technology similar or identical to the technology you are seeking to patent. If you find identical technology that has already been patented, your technology will not be patentable. If you find similar technology that has been patented, your challenge will be to demonstrate that your invention is sufficiently advanced compared to the patented technology for you to successfully claim that your invention is both novel and utilizes a significant "inventive step" beyond existing technology.
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Prepare a European Patent Application. The essential contents are the formal request for patent protection, a detailed description of the invention, drawings, verbal statements that support your invention's claim to invention, novelty and an inventive step and an abstract in which your application is summarized.
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File your European Patent application with with the EPO in Munich, The Hague or Berlin. You may file online using software issued by the EPO (see the EPO website in Resources below).
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Respond to periodic EPO requests for clarification or demands that you amend your application. This process is normal and should take at least several months.
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Pay patent renewal fees beginning with the third year of protection. These fees vary according to certain factors and must be paid in euros.
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Tips & Warnings
Your patent application may be filed in English, French or German.
Do not publicly release the details of your invention or attempt to sell it before applying for a European patent or you might permanently lose the right to patent it. Certain exceptions and grace periods apply when publicizing for the purpose of obtaining patent protection overseas or sales pursuant to an overseas grant of patent. Consult a patent attorney for details.
