As so often, there is no simple answer to this simple and justified question. "Yes", there is a European patent, but it is not the same as a single patent that is automatically valid in all European countries. So also "no", there is no European patent, although....

The European patent system is administered by the European Patent Office (EPO). This system allows inventors to obtain protection in multiple European countries through a single application process. However, the resulting "European patent" is a bundle of national patents. That is, it involves individual country rights.

A European patent application can be filed at the EPO and can be made valid in the 38 member states party to the European Patent Convention. The applicant can specify in which countries he wants protection. Once granted, the patent must be validated separately in each of the chosen countries, including through a translation of the claims (claims) into the local language. Taxes must also be paid thereafter for each individual country.

The big advantage of the European patent system is that you can get protection in multiple countries with one application and centralised grant procedure. This makes the process simpler and cheaper than filing applications separately in the desired countries. The downside, however, is that, in case of a dispute or infringement proceedings, you have to take legal action separately in each country where the patent applies.

That is also why work has been done on the Unitary or Unitary Patent, which follows the same well-known procedure at the EPO but provides direct protection in all participating countries, without the need for national patents. This system entered into force on 1 June 2023. Currently, 18 countries are members of the Unitary Patent System, including the Netherlands.

In short, the European patent system offers a nice and efficient way to obtain patent protection in multiple countries, but it is useful to be well informed about all the pros and cons of the possibilities on this. We would be happy to tell you more about it. See our contact page for all relevant contact details.