EPC

Advantages of EPC

  • brings the world within reach;
  • the aim is to make the protection of inventions in the member countries cheaper and more reliable by creating a single procedure for the grant of patents;
  • allows the applicant to have enough time to analyze the patentability and profitability of the invention, to assess suitable markets and to assess the merits and commercial success and the applicant can make a decision regarding where the patent application should be filed;
  • postpones the major costs associated with international patent protection.

Introduction of European Patent Convention (EPC)

The Convention on the Grant of European Patents, commonly known as the European Patent Convention (EPC), has 39 member states, 1 extension state, and 4 validation states (as of 2023).

The EPC provides a legal framework for the granting of European patents, via a single, harmonized procedure before the European Patent Office.Once the application is granted by the EPO, a European patent comes into existence effectively as a group of national patents in each of the designated Contracting States.

Procedure of European Patent Convention(EPC)

  • The first stage of the procedure is basic filing, and the applicant can choose to pay the designation fee and examination at the same time while filing.
  • While the formalities examination is being carried out, at 8-12 months after the date of filing, a European search report and written opinion from European Search Division is drawn up. The applicant is required to respond to the search report and written opinion within the time limit.
  • The application is published - normally together with the search report - 18 months after the date of filing or, if priority was claimed, the priority date. Applicants then have six months to decide whether or not to pursue their application by requesting substantive examination. Alternatively, an applicant who has requested examination already will be invited to confirm whether the application should proceed. Within the same time limit the applicant must pay the appropriate designation fee.
  • If the examining division decides that a patent can be granted, it issues a decision to that effect. A mention of the grant is published in the European Patent Bulletin once the translations of the claims have been filed and the fees of grant and publication have been paid. The decision to grant takes effect on the date of publication. The granted European patent is a "bundle" of individual national patents. Once the mention of the grant is published, the patent has to be validated in each of the designated states within a specific time limit to retain its protective effect and be enforceable against infringers. In a number of contracting states, the patent owner may have to file a translation of the specification in an official language of the national patent office. Depending on the relevant national law, the applicant may also have to pay fees by a certain date.
  • The renewal fees of the granted European Patent are payable to the national offices of the EPC Contracting States.