The European patent allows industrial property to be defended in all European and non-European countries that have adhered to the European Patent Convention. Read Also: Legal advice patents, copyright. Intellectual and industrial property protection.
In the index of this post you will find:
- The list of countries participating in the european patent
- The cost of filing and registering the european patent
- The documents required for the european patent application
The European patent is not a true European patent but only a unified patent registration procedure for all countries of the convention.
European patent register. Filing of the application, taxes and costs
The European patent recognizes products and processes that can be patented in the technical fields. European patents can also validate previous national patents of the same invention. The invention object of European patent recognition must fulfil the following:
- absolute novelty that must not have already been disclosed prior to the date of submission of the patent application;
- inventive activity, which must exist at the time of submission of the application in the opinion of the expert in the field of technology which the patent covers;
- industriality, in the sense that the invention must be able to be used in industry including the sectors of agriculture and services.
List of exclusion from European patents:
- the therapeutic procedures on the human or animal body;
- new animal and vegetable varieties obtained with essentially biological methods or that are in contrast with existing IGP, PDO and DOC brands to protect local indigenous specificities.
The priority of national and foreign patents
The international patent system is varied and covers the Paris and WTO Convention. Companies and companies are given priority recognition of a patent presented in a Member State of the Paris Convention or the WTO. The European patent filing for the same invention can be recognized as a priority upon subsequent presentation in other countries of the Paris Convention.
Subjects, application and consultants to apply for a European patent in a Member State and in Italy
All Italian and foreign natural and legal persons can apply for a European patent. However, to request the registration of the patent it is necessary that the applicants are represented by consultants authorized at the European Patent Office or by Lawyers.
Submission of the application for registration of the patent and recognized official languages
The presentation of the European patent application in each of the member countries can be filed at one of the offices of the European Patent Office or at the National Patent Office of any State that has signed the European Patent Convention. The European patent can be filed only in one of the 3 official languages recognized by the agreement, English, French, German.
Rights, validation, protection of the patent EPO in the Member States
When submitting the European patent application, the Member States where the patent recognition is to be obtained must be indicated. After 18 months from the submission of the application, we proceed with the publication of the patent which gives the right to request the activation of the provisional patent protection procedure in the Member States. Temporary protection gives the right to take action against third parties for the infringement of patent rights in the period between the publication and the granting of the European patent.
Protection and opposition to the European patent
The European patent could be considered unsuitable for the characteristics of novelty requested. In this case, the patentee may appeal to the Appeal Committee of the European Patent Office. Against the granting of a European patent, one can propose opposition to one of the divisions of the same European Patent Office. After the judgment the Office can:
- Confirm the patent;
- Change it or cancel it in part;
- Cancel it completely.
In case of cancellation or modification of the patent it is possible to appeal to the internal commission of the EPO
- Albania, Austria, Belgium, Bulgaria, Czech (Rep.), Cyprus, Croatia, Denmark, Estonia, Finland, France, Germany, Greece, Ireland, Iceland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, the former Yugoslav Republic of Macedonia, Malta, Monaco, Norway, Netherlands, Poland, Portugal, United Kingdom, Romania, San Marino, Serbia, Slovakia, Slovenia, Spain, Sweden, Switzerland, Turkey, Hungary.
Other countries outside the European Patent Convention but which may be designated in a European patent application:
- Bosnia and Herzegovina, Cambodia, Morocco, Moldova and Montenegro.
Concession costs and maintenance fees of European patent.
The costs for the European patent can be divided into fixed costs and taxes. After the third year of validation of the European patent, the holder is required to pay the maintenance fee to the European Patent Office. After the concession the national maintenance taxes are due in each designated State.
- Cost of depositing the European patent;
- Cost of the eventual priority document;
- Costs for mandatory translation;
- Mandatory costs;
- Exam fee and European patent designation;
- Publication, concession and printing fee;
- Cost of validation in one or more designated countries: 500.00 and € 2000.00 (in Italy it is necessary to have the assistance of a lawyer);
- Annual validation maintenance fee;
- Maintenance fee for the designated country ormai countries.
- countries to be designated in the patent application text of the national patent application for which priority is claimed, if any;
- description of the invention;
- indication of the state of the technique from which the invention was carried out;
- draft drawings or any indications of the patent;
- name and personal and fiscal details of the patent applicant;
- identity of the inventor.
Additional documents that can be produced even after the filing of the patent application:
- translation of the text of the application into one of the official languages of the European Patent Office, if the text deposited at the origin is in a non-official language of the European Patent Office.
Contact form for further information on the application for the filing of the European patent in Italy