How to apply for a patent in a European country
The numerous sovereign countries in Europe and their different laws and languages give Patent applications from countries outside the region that wanted patent protection brought trouble. In this case, the European Patent Office (EPO) based on the European Patent Treaty came into being in 1978. Under the European Patent Treaty, a patent application can become a European patent valid in multiple contracting countries. The following is a brief introduction to the ways and steps to apply for a patent in European countries.
1. There are basically four ways to obtain patent protection in European countries:
1.1 File a patent application directly with the country that is required to provide patent protection:
This approach was the only feasible approach before the establishment of the EPO. Currently it is only attractive when the number of countries requiring patent protection is extremely limited. Patent application for reviewCountries can obtain patents quickly, but the validity of patents is unstable.
1.2 File a patent application directly with the EPO: When one When a patent seeks protection in three or more EPO member states, this approach is simpler and less costly than the former. However, its scope of application is still limited. Once the applicant needs to seek patent protection in countries other than the EPO, this approach is not suitable. Since my country is a member of the Paris Convention and the Patent Cooperation Treaty (PCT), in fact, domestic applicants currently mainly apply for patents in European countries through the following two channels.
1.3 Paris Convention approach: Applicants submit domestic applications After applying for a patent, you can enjoy priority treatment by filing a patent application with a single European country or the EPO before the expiration of the application date (or the priority date if you have priority).
1.4PCT route: Applicants can apply on the application date File a PCT international application with the State Intellectual Property Office of China within 12 months (from the priority date if there is priority), designate the PCT member states including the European Patent Office to apply for patents, and file a PCT international application with the State Intellectual Property Office of China within 12 months from the date of application (if there is priority) The right will enter the EPO procedure within the period from the priority date).
2. Patent authorization in European countries (EPO) The conditions are basically the same as those in China, but the patent application procedures are different from those in my country. Taking invention patents as an example, the steps are as follows:
2.1 Submit an application: Applicants can choose to apply to the EPO in one of the three official languages: English, French and German. Within one month from the date when E-PO issues the acceptance notice, the applicant can submit amendments to the claims, and this period cannot be extended.
2.2EPO search: EPO will search for existing technologies related to the patentability of the application Conduct a search and notify the applicant of the search results. Usually the applicant needs to evaluate the patentability of his invention and the possibility of authorization based on the search results.
I believe that after reading the above introduction, you will know how to Now that you have a certain legal understanding of the responsibilities that need to be paid attention to, if you still have legal questions in this regard, please consult the lawyers of the Legal Savior Network, and they will provide you with professional answers.
