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

 
 
V.
Extending/validating European patents to/in non-EPC Contractingcontracting states
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TheBetween 1993 and 2009 the European Patent Organisation has signed co-operation and European patent extension agreements with a number of European states that are (or were at the time were) not party to the EPC.
OJ 1994, 75;
OJ 2004, 619 (BA)
OJ 2010, 10 (ME)
Since 2010, the European Patent Organisationit has concluded further agreements providing for effects of European patents to have effect in non-EPC Contractingcontracting states. However, these agreements, so-called “validation agreements", are not limited to European countries.
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/validation and pay the extension/validation fee(s) in time, you can have European patent applications (direct and Euro-PCT filings) and patents extended to/validated in these countries, where they will then in principle have the same effect as national applications and patents, they will be subject to national law and will enjoy essentially the same protection as patents the EPO grants for EPC contracting states. You can currently request extension to Bosnia-Herzegovina and as well asto Montenegro and validation in Morocco.
The extension and validation systems is are largely the same as the designation system operating inconcerning thefor contracting states. For example, the period for payment of the extension/validation fee is the same as the period for payment of the designation fee. However, the extension and validation systems is are based not on direct application of the EPC but solely on the relevant national law modelled on the EPC. Hence it isthey are subject to the national extension/validation rules of the country concerned.