General Information | Filing Procedures | Remarks | More

General Information

The Convention on the Grant of European Patents (EPC) came into force on October 7, 1977, and European patent applications could be filed since June 1, 1978. The Convention allows the filing of one patent application with an automatic designation of all Contracting States.

The following 38 States have ratified the Convention: Albania (as of May 1, 2010), Austria, Belgium, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Ireland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, former Yugoslav Republic of Macedonia, Malta, Monaco, the Netherlands, Norway, Poland, Portugal, Romania, San Marino, Serbia (as of October 1, 2010), Slovakia, Slovenia, Spain, Sweden, Switzerland, Turkey and the United Kingdom.

Extension of a European Patent is possible for (as of January 2005): Bosnia and Herzegovina, and Montenegro.

Legal Basis

• Convention on the grant of European Patents (European Patent Convention) of 5 October 1973 text as amended by the act revising Article 63 EPC of 17 December 1991 and by decisions of the Administrative Council of the European Patent Organisation of 21 December 1978, 13 December 1994, 20 October 1995, 5 December 1996 and 10 December 1998.
• Implementing Regulations to the Convention on the grant of European Patents of 5 October 1973 as last amended by Decision of the Administrative Council of the European Patent Organisation of 13 December 2001.

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Filing Procedure

Filing requirements

• Request for grant of a European Patent, signed by the applicant(s) or the representative(s), not legalized;
• Designation of inventor signed by the applicant(s) or the representative(s);
• Specification and claims in English, French or German, 1 copy on A4 paper (size: 29,7 cm x 21 cm), minimum margins: top of the sheets: 2 cm, left side: 2,5 cm, right side: 2 cm, bottom: 2 cm, all sheets numbered consecutively at the top, but not in the top margin. Typing should be 11/2 spaced in characters, the capitals of which are not less than 0,21 cm high;
• Drawings: 1 copy on white paper, size A4, usable surface area not exceeding 26,2 cm x 17 cm;
• Abstract, not more than 150 words, 1 copy;
• Priority document, if necessary with a translation in English, French or German.

Where to file: The European patent application may be filed a) at the European Patent Office at Munich, its branch at The Hague, or its sub-office at Berlin, or b) if the law of a Contracting State so permits or prescribes, at the central Industrial Property Office of that State.
Official languages: English, French and German. Residents of a Contracting State which has another language may file an application in that language.
Designation of the contracting states: All Contracting States are automatically designated when filing. The actual choice is made when designation fees are paid.

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Remarks

Duration and renewal: duration is twenty years from the date of filing. Renewal fees for the third year and each subsequent year must be paid to the EPO for European patent applications. After the publication of the mention of grant, further renewal fees have to be paid separately in each designated Contracting State according to the national patent laws.
Effects of a granted patent: a granted European patent shall confer in each Contracting State for which it is granted the same rights as would be conferred by a national patent.
National Phase: All Contracting States have enacted provisions, that if the text of a European patent is not drawn up in one of the official national languages, a translation of the text must be supplied. The translations must be filed in the respective designated Contracting States within three months (six months in Ireland) after the publication of the mention of the grant.
Opposition: within nine months from the publication of the granting decision, any person (except the patent owner) may give notice to the EPO of opposition to the patent granted.

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If you wish more detailed information concerning intellectual property protection in this territory please contact us or order Katzarov’s Manual on Industrial Property®.

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