Do I Need a European Patent?

Whether you’re planning on taking your invention to market in Europe or want to protect your product development from competitors in the region, filing an application with the European Patent Office (EPO) might be worthwhile.

With 199,275 applications filed to the EPO in 2023, and the number continuing to grow year on year, there’s no denying that Europe is a hotbed of new business opportunities and innovation. Particularly for companies with inventions in the artificial intelligence and green technology sectors, getting a European patent holds lots of potential value.

Even if you’ve had a patent granted in the UK, your invention won’t be protected under European law. So, depending on your business’s specific needs, you should consider the different European patent options available to you. This article will explain it all.

Why apply for a European patent?

If you want exclusive rights to make, use and sell an invention in Europe, then you should consider applying for a European patent. Having a patent will also cover the importing of your innovation into these countries, so if you have plans to expand into this region, getting the cover of a patent will be highly valuable.

There are various scenarios where a European patent may be beneficial, including:

• Businesses that want to legally protect inventions from being recreated in European countries

• Businesses that want to licence a patent to others based in Europe

• Businesses looking to attract European investors

• Enterprises planning to establish themselves as market leaders or gain an innovative reputation in one or several European countries

Before you start your European application process, it’s worth thinking carefully about the objectives behind introducing your innovation into this region. This will help you choose the patent option that will cover your needs and maximise business value.

What’s the patent process in Europe?

There are three main options when applying for a patent in Europe. Each has particular advantages and disadvantages, and two require applications to be made to the EPO. This is the authority responsible for granting patents across up to 38 states under the European Patent Convention (EPC).

Apply to individual countries

You can file applications directly in individual European countries. This is useful for businesses looking to tap into very specific markets or protect their intellectual property from competitors in one or a few particular countries.

This means each application needs to be adapted to the specific legal requirements and translated into the main languages of individual countries. This can be more expensive than the options using the EPO discussed below. However, applying to individual locations also gives ultimate flexibility and means the applicant can leverage any differences in local patent law.

Apply to the EPO for a European Patent

You can also apply to the EPO for a European patent. This is a single patent application that covers up to 39 contracting states (including all 27 EU member states) alongside six extension and validation states. The application is filed and examined in English, and only when granted are the countries of interest chosen.

This one centralised application is examined at the EPO to a very high standard. Once granted, the applicant chooses which countries to validate the patent in. From that point, the single application becomes a clutch of identical national patents which must be maintained individually.

European Patent with Unitary Effect

A Unitary Patent (UP) is a single patent right that gives inventions the same protection across 17 participating EU countries. Rather than having to maintain patents in each country, a UP acts as a “one-stop-shop” for patent protection. UPs are applied for in the same way as European patents. Instead of validating in individual countries, a request for Unitary Effect is made instead.

The UP is a single right covering all countries as one. It is less expensive to obtain and maintain compared to the ‘traditional’ European patent route. It also allows the patentee to take infringement action across all countries at the same time via a specialist court called the Unified Patent Court.

However, it does mean your patent has the same scope of claims across all countries. Plus, you can’t opt to pay for patent renewals in one country and not others, meaning it may not suit all businesses’ needs. It may also cost them more long term if coverage in only a handful of countries is needed.

Inventors wanting protection in countries not participating in the scheme will also have to apply separately to these patent offices alongside the unitary effect.

Get the right protection in Europe

To find the best option that will give you appropriate protection in the right countries, it’s best to get advice from a patent attorney. By chatting through your needs with the Grey Wolf IP team, you can find the patent options that will give maximum value to your business.