European patent
A European patent is a patent granted under the European Patent Convention (EPC) by the European Patent Office (EPO).[1] A European patent doesn't function as a single, unified patent across all EPC states, but instead it is treated as a bundle of national patents.[2]
Since 1 June 2023, in the European Union it is possible to register a unitary patent, which is essentially a European patent with unitary effect, i.e. does not need separate validation in each country. EPC states that are not EU member states are not affected by the unitary patent.
Overview
The EPO handles the examination of a European patent application, rather than every individual country performing their own assessment. Once the EPO considers a European patent application is acceptable, the patent is granted. The European patent is then converted into national rights in each country through a process called "validation". Validation typically involves translation of the patent,[3][4] but the process varies from country to country (e.g. some countries benefit from the London Agreement). Proprietors can choose any or all of the member countries of the EPC.
Related pages on ESP Wiki
References
- ↑ Article 2(1) EPC.
- ↑ Article 2(2) EPC.
- ↑ Article 65(1) EPC.
- ↑ Translation requirements after grant[archived], epo.org.
