The process for obtaining a European patent begins with filing a description of the invention, claims defining the invention and an abstract, together with any drawings, at the European Patent Office and paying the filing and search fees.
The European Patent Office carries out a search for relevant prior publications and published the application after 18 months. The search report is either published with the application or as soon as possible thereafter.
Within six months of publication of the search report the examination fee and designation fees must be paid for those countries in which patent protection may be required. Protection is available in over 30 countries. Click here to see a list of countries.
During examination there is an opportunity for dialogue with the Examiner handling the application regarding patentability of the invention.
Provided any objections are overcome, the application enters a grant phase. To secure grant of the European patent it is necessary to file translations of the claims into French and German and pay the grant fee.
Once granted, the patent can be validated in any of the designated countries, generally within three months of grant. The resulting national patents can be kept in force for up to 20 years from the filing date of the European application.
A European patent has the advantage that it can cover a much greater territory than a United Kingdom patent.
The cost is greater than for a UK patent, but is relatively modest considering the territory that can be covered. In general the cost of pursuing a European patent to grant is about the same as pursuing separate national applications in the UK, Germany and France.
The cost of validating a granted European patent can be considerable if a significant number of countries are required.