European Patent

If you are interested in protecting the invention in multiple European states, you can file a European Patent application.

The European Patent Convention (EPC), in force since 1978, allows, through a unified procedure, to obtain a patent valid for all member States, or part of them, in which there is an interest in having patent protection and which are therefore specifically designated.

European patent search and European Patent office

The procedure involves the filing of the application, which can claim the priority of a previous Italian or foreign patent application, a prior art search and an examination by the European Patent Office to verify that the invention you want to patent is new and involves inventive step. Once granted, the European patent has the validity of a national patent for the individual designated States in which a translation into the local language has been filed or, where not required, a local representative has been designated.

Contracting states to the European Patent

The currently member States are Albania, Austria, Belgium, Bulgaria, Cyprus, Croatia, Denmark, Estonia, Finland, France, Germany, Great Britain, Greece, Ireland, Iceland, Italy, Latvia, Lithuania, Luxembourg, Macedonia, Malta, Montenegro, Norway, Holland, Poland, Portugal, Monaco, Czech Republic, Slovak Republic, Romania, San Marino, Serbia, Slovenia, Spain, Sweden, Switzerland (+ Liechtenstein), Turkey and Hungary.

It is also possible to request the territorial extension of the European patent in Bosnia and Herzegovina, and validation in Morocco, Moldova, Tunisia, Cambodia and Georgia.

Unitary Patent

From June 2023 it is possible after the grant to obtain a Unitary Patent (UP) grouping the following 17 countries of the European Union, included in the designated countries mentioned above: Austria, Belgium, Bulgaria, Denmark, Estonia, Finland, France, Germany, Italy, Latvia, Lithuania, Luxembourg, Malta, the Netherlands, Portugal, Slovenia and Sweden.

The Unitary Patent (UP) represents a significant step forward in harmonizing and simplifying the patenting process within the European Union. This mechanism allows patent holders to obtain unitary protection in 17 EU countries, including Austria, Belgium, Bulgaria, Denmark, Estonia, Finland, France, Germany, Italy, Latvia, Lithuania, Luxembourg, Malta, the Netherlands, Portugal, Slovenia, and Sweden.

With the Unitary Patent, patent holders can enjoy numerous benefits, including greater effectiveness and consistency in protecting their innovative work in an integrated market. Previously, the patenting process in Europe could be complex and expensive, requiring separate filings in each interested member state. However, with the introduction of the Unitary Patent, this procedure can be significantly streamlined, enabling holders to obtain more efficient and uniform protection.

The implementation of the Unitary Patent represents an important step in promoting innovation and competitiveness within the EU, facilitating market access for businesses and reducing the complexity and costs associated with patent protection. This fosters a more conducive environment for economic growth and investment in research and development, thereby contributing to strengthening Europe's global position as a center for innovation and technological development.

Do you want to protect your invention on a global scale? Discover the international patent.