Quick Navigation

 

Guide for applicants, Part 1: How to get a European patent

 
 
V.
Extending European patents to non-EPC states 
26
The European Patent Organisation has signed co-operation and European patent extension agreements with a number of states that are not party to the EPC. 
OJ 1994, 75;
OJ 2004, 619 (BA)
OJ 2010, 10 (ME)
Guid. A-III, 12
As an applicant for a European patent you thus have a simple and cost-effective way of obtaining patent protection in such countries. If you request an extension and pay the extension fee(s) in time, you can have European patent applications (direct and Euro-PCT filings) and patents extended to these countries, where they will then in principle have the same effect as national applications and patents and enjoy essentially the same protection as patents the EPO grants for EPC contracting states. You can currently request extension to Bosnia-Herzegovina and Montenegro. 
The extension system is largely the same as the designation system operating in the contracting states. For example, the period for payment of the extension fee is the same as the period for payment of the designation fee. However, the extension system is based not on direct application of the EPC but solely on national law modelled on the EPC. Hence it is subject to the national extension rules of the country concerned.