How to apply for a European patent (part 4/4)

von Dr. Meyer-Dulheuer & Partners LLP

Our last blog post was about everything that happens between the filing of your application and the substantive examination, which means the ultimate evaluation of your invention's novelty. With the latter and all other remaining steps, including granting and validating your European patent, we'll deal today. We'll also have a look at all available options after the granting, i.e. limitation and revocation. And what is to be done if your patent is not granted, but rejected? This is the last part of our blog series on how to apply for a European patent.

6. Substantive examination

This is the main step of the examination: The EPO now checks your application in detail and as a whole in order to determine if it meets all conditions which the EPÜ defines and if hence a European patent can be granted. This decision is normally made by a team of three patent examiners to find a judgment as objective as possible.

7. Granting your patent

Great how far your application has already come, isn’t it? Now you only have to file the translation of your patent claims and pay the fees for granting and releasing your patent. After this is done your European patent will be made public.

8. Validation

After your patent has been released it has to be validated by the specified countries within a certain time period. Only then the patent will get a real protective effect and could for example be used against patent infringers. If needed according to individual national laws, you might have to submit translations of the patent specification or even pay additional fees. You might also need to designate a local representative.
It is only after the validation has been completed that the protection of your invention comes into effect in every single of the specified states. Until then your invention only enjoys provisional protection, which means that you can demand compensation from infringers, but cannot obtain injunction.

9 ...Zum vollständigen Artikel

Cookies helfen bei der Bereitstellung unserer Dienste. Durch die Nutzung erklären Sie sich mit der Cookie-Setzung einverstanden. Mehr OK