How to get a patent in europe [Videos]

Last updated : Aug 13, 2022
Written by : Chris Ziel
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How to get a patent in europe

How much does it cost to get a European patent?

The costs of preparing and filing the application and the procedure up until the granting of the patent can vary considerably, depending on the complexity and length of the procedure. For a European patent-granting procedure, these costs are usually in the region of 20,000 euros.

How long does it take to get a patent in Europe?

The European patent grant procedure takes about three to five years from the date your application is filed.

Are there patents in Europe?

Currently, (technical) inventions can be protected in Europe either by national patents, granted by the competent national IP authorities in EU countries or by European patents granted centrally by the European Patent Office.

What Cannot be patented in Europe?

Under Art. 52(2)(a) and (3) EPC, discoveries as such – like scientific theories and mathematical methods – are not patentable.

How long do EU patents last?

The maximum term of a European patent is 20 years from its filing date. The patent may lapse earlier if the annual renewal fees are not paid or if the patent is revoked by the patentee or after opposition proceedings.

Who grants patents in Europe?

European Patent Office (EPO)

How do European Patents Work?

A European patent gives its owner the same rights as a national patent in each country for which it is granted. You can choose to apply for protection in any or all of the member countries of the EPC.

How much is a UK patent?

It will cost at least £310 if you complete the process. To have the best chance of getting a patent granted you will usually also need to pay a patent attorney for help and advice. This can cost several thousand pounds.

How does the European Patent Office work?

The European Patent Office (EPO) examines European patent applications, enabling inventors, researchers and companies from around the world to obtain protection for their inventions in up to 44 countries through a centralised and uniform procedure that requires just one application.

Who can file a European patent application?

2. A European patent application may be filed by any natural or legal person, or anybody equivalent to a legal person by virtue of the law governing it. For the purposes of proceedings before the EPO, the applicant shall be deemed to be entitled to exercise the right to the European patent.

What does a European patent cover?

European patent law covers a range of legislations including national patent laws, the Strasbourg Convention of 1963, the European Patent Convention of 1973, and a number of European Union directives and regulations. For some states in Eastern Europe, the Eurasian Patent Convention applies.

Is a European patent enforceable?

European patents are granted by the European Patent Office (EPO) under the legal provisions of the European Patent Convention (EPC). However, European patents are enforced at a national level, i.e. on a per-country basis.

Can you patent natural products?

If you're wondering how to patent a natural product, the answer is that natural products are not eligible for patent protection. A controversial ruling by the United States Patent and Trademark Office was issued in March 2016 that denied a patent on isolated gene sequences linked to breast cancer.

Can you patent genes in Europe?

Background. European patent law provides relatively broad protection for gene-related patents. The European Directive on the Protection of Biotechnological Inventions (98/44/EC) states that isolated DNA sequences shall be patentable in European Member States.

How do I register my invention?

You can start this process through the USPTO website: On the navigation menu, click on “Patents,” which will take you to a submenu with information and options related to patents. From there, click on “File Online in EFS-Web.” This will bring up a form that you must fill out to register your idea.

How much does a patent cost?

A patent attorney will usually charge between $8,000 and $10,000 for a patent application, but the cost can be higher. In most cases, you should budget between $15,000 and $20,000 to complete the patenting process for your invention.

What are the requirements for obtaining a patent?

  • The innovation is patentable subject matter. Patentable.
  • The innovation is new (called 'novelty')
  • The innovation is inventive.
  • The innovation is useful (called 'utility')
  • The innovation must not have prior use.

What happens after 20 years of a patent?

Why can't patents be renewed once they've lived out their 20 years? A patent becomes public domain (free for use by the public) upon its expiration, which is defined as 20 years from the patent's earliest non-provisional filing date. MPEP §201.04. The 20-year patent term applies to utility and plant patents.

Are US patents valid in Europe?

Since the rights granted by a U.S. patent extend only throughout the territory of the United States and have no effect in a foreign country, an inventor who wishes patent protection in other countries must apply for a patent in each of the other countries or in regional patent offices.

When should I apply for a patent?

Under U.S. patent law, you must file your patent application within one year of the first offer to sell your invention, or within one year of your first public use or disclosure of your invention. This means that you must determine the first offer to sell date, or the first public disclosure date.

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How to get a patent in europe

Comment by Jesse Grett

hello i'm nick ferrer and i'm a partner at adamson jones if you're considering applying for a patent in europe then you're probably already familiar with the european patent convention or epc it allows a single european patent to cover 38 member states and has become the default choice for most applicants considering protection in europe the epc includes the big five in terms of gdp in europe namely germany the united kingdom france italy and spain it also includes all 27 members of the european union but it's important to point out that the epc is not eu law rather it's a separate convention that member states join individually what this means is that the individual member states agree that they will recognize a granted european patent as a national patent in their own country but only if certain steps are taken by the patent owner so whilst a single european patent application can provisionally cover all 38 epc member states a granted european patent doesn't automatically take effect in those countries one of the quirks of the epc system is that once granted the european patent needs to be validated in each of the individual countries in which protection is required the granted patent then essentially becomes a bundle of national patents in each of those countries patent renewal fees are then paid nationally in those countries as a result of this the regional patent system implemented by the epc means obtaining protection in all 38 countries can be expensive particularly at the validation stage at the end of the process and when paying renewal fees to maintain the granted pattern most patent applicants do not validate the european patent in all member states and many select just a handful of key countries in which it's important to keep the patent in force so this raises the question why use the european patent application system at all if you're only going to obtain a small number of individual national patents why not just apply directly for national patents in those countries of interest the answer relates to both cost and procedural efficiency the national patent offices in individual european countries will typically have different language requirements meaning translation costs will arise at the start of the process on top of that you will have to pay official patent application fees and appoint a local attorney to represent you before each national patent office all the different national patent applications running in parallel can create complexity particularly during examination and can result in slightly different verdicts on allowable patent claims in each country every patent application is different and it is not straightforward to predict exactly at what point the epc becomes attractive over the national patent application group however there's a generally accepted rule of thumb that if protection is sought in three or more european countries then it makes sense to apply at the epo for a european pattern rather than individual national patent application put simply it's more cost effective and avoids the need to manage different patent applications for each country often in different languages that's why we advise patent applicants to consider the following three options for pursuing patent protection in europe each of which bear different strategic and cost implications the first option is a national patent application in a single european country the second option is two national patent applications in two european countries and the third is the european patent application it's right that the upc remains the default choice for most applicants but it's important not to forget the option of applying nationally in just one or two european countries as an alternative by way of example the cost of obtaining a granted uk national pattern can be around a quarter or a third of the cost of a european patent if you're not sure which route is best for you visit the pct to ep section of our website where you'll find a huge and useful bank of information and advice about european patent applications you

Thanks for your comment Jesse Grett, have a nice day.
- Chris Ziel, Staff Member

Comment by Kiana

what's up guys so today I'm going to be talking about how I got my first patent at 17 and also I'll be explaining how you can apply for your patent and get a patent on your product so this is what we're talking about a United States utility patent and I'm gonna be talking about the way I did it and I'll be only talking about what I know so I'll show it to you here this is the patent that was issued you could see there's a barbell there and this is the product that it was issued on the snap flips barbell collars so I'm gonna tell you about how I got my patent so the process that I follow - then I'll explain step by step what you would do to do the same thing so I started off with not a lot of money had like two hundred bucks and I was in high school and had this idea of a barbell collar that you could use to hold your weights in place so I had made some prototypes this is one of the prototypes here and I thought it was a good idea so wanted to file a patent on it and I wanted to file a provisional patent because a provisional patent is basically a time holder and it says hey I'm here I have this idea and I want to file a patent for it but I'm not quite ready yet so filing a provisional patent sets your spot in line and then you have 12 months from that date to actually file a real patent that can protect your product or idea so the way that I did it was I got some software online it was 150 bucks at the time now it's only 99 dollars for a year so it's called patent wizard put it up right here and you go on patent wizard you download the software and you basically it asks you a bunch of questions like extended response questions about your idea how you make it what it looks like how it works you fill in all that stuff and then I don't know after a couple hours of doing it it prints out your patent for you and at the time I printed it out I mailed it into the USPTO the United States patent trademark office and my spot was saved in line now what you'd actually do is you would make an account online download it to your computer from the software and submit it online if you send it in through the mail now they actually charge you an extra two hundred bucks so it's not worth it so now you would just do it online anyway after I filed my provisional patent I started developing the product more making sure that there was a need for this type of product making sure that people wanted to buy it and I did find that people wanted to buy it so at that point I said okay we need to file an actual utility patent on this product I found some lawyers that were really nice and wanted to work with me and we went through a whole I mean it was a couple months turning our provisional patent that I wrote which I wouldn't necessarily recommend writing your own patent your own provisional patent but I didn't have another option at the time so that's what I did so we took my provisional patent and then we turned it into a utility patent filed it in the office and we actually got it it usually takes between one and three years to get your utility patent issued we filed for expediting the whole patent process it was we paid $6,000 for it looks like it's only a thousand to two thousand dollars now so must have gotten cheaper and what that does is instead of waiting between one and three years it gets done in one year so provisional patents one year and then you file your utility patent after that and in one year you have either an answer yes we have a pet we'll give you a patent on this or no we're not going to give you a patent on this because someone's already made something like this before so after I think it was like eight months or something we had heard back they said we think that you could get a patent on this but you there's some stuff that you would need to change in order to get your patent so we made a couple tweaks to the patent and then it finally got issued we paid some more fees and then we were finally issued a United States utility patent which protected the product and we were basically ready to launch and start selling the product on the market so that's how I did it super quick little you know story about it there's a lot more to it but now I'm going to talk about how you can actually do it so the first step in the process when you're trying to file your patent and the way that I'm going to do this is I'm gonna tell you to file a provisional patent first if you want to go directly in the utility patent more power to you you do that but this is how I did it so first you do a patent search you could go on and you search patent search and then you basically type in descriptive words about what your product your idea or whatever you're trying to patent what it is and you look it up you you look at there you see if anyone has made something or gotten a patent on something similar look on Google see if there's anything similar to what you're doing if you find something similar to what you're trying to patent you're not gonna be able to patent it because someone's already thought of it before in order to get a patent you have to think of something completely new that no one has created before it's never been publicly posted anywhere and no one knows how to do it you're you're the first one that's making this thing so that's the big thing you need to do a patent search and if that checks out and you don't find anyone that's made anything similar then you can go on to the next step you need to figure out what kind of patent you're gonna file you file your provisional first then 12 months past now you're getting ready to actually file your real patent what you need to decide is is it going to be utility is it going to be a design is it going to be a plant patent if it's a product or a new way to do something it's most likely going to be a utility patent so we're gonna be talking about utility patents then what where do you want to file a patent is there just gonna be in the US or is it going to be globally I don't know about filing patents globally so I'm not going to talk about it I'm just going to talk about filing a patent in the US it's gonna be a non provisional patent because you've already filed your provisional patent and the twelve months has passed and it's come time you know maybe like 11 months is passed and it's now it's time to file your actual patent your non provisional utility patent so then you need to decide are you going to expedite it or are you not going to expedite it if you expedite it it's going to get done in one year if you don't expedite it it can still get done in one year but it could take up to three years so that's a choice that you're gonna have to make which comes with a fee the fee is between 1,000 and 2,000 dollars - depends on if you're considered a micro entity or a small entity then who should file it so for the provisional patent I filed that by myself if you have the cash it's probably better to have an actual lawyer file your provisional - but if you don't have the cash and you don't have another option file the provisional yourself but once you get to the actual non provisional once you get to your u

Thanks Kiana your participation is very much appreciated
- Chris Ziel

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