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....
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....
European patent via EPO
Yes, through the European Patent Office (EPO), you can obtain patent protection in 38 European countries with a single application. The procedure takes 3-5 years and costs €12,000-€25,000. Once granted, the patent must be validated in each country.
The European patent system is administered by the European Patent Office (EPO). This system enables inventors to obtain protection in several European countries through a single application procedure. However, the resulting “European patent” is a bundle of national patents. This means that it concerns 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 major advantage of the European patent system is that a single application and central granting procedure can provide protection in multiple countries. This makes the process simpler and less expensive than filing separate patents requests in the desired countries. The disadvantage is that, in the event of a dispute or infringement proceedings, you will have to take separate legal action in each country where the patent applies.
That is why work has been done on the Unitary Patent, which follows the same familiar procedure at the EPO, but offers direct protection in all participating countries, without the need for national patents. This system came into force on June 1, 2023. Currently, 18 countries are affiliated with the Unitary patent system, including the Netherlands.
In short, the European patent system offers an attractive and efficient way to make patent protection available in several countries, but it is advisable to obtain detailed information about all the advantages and disadvantages of the options available. We would be happy to tell you more about it. See our contact page for all relevant contact details.
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