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Frequently asked questions
This page provides answers to the most common questions we receive via e-mail. If your question is not answered here, you can e-mail us using the contact form further down.
See EPC 2000-related questions
Questions
General
- What are patents and what do they protect?
- Where can I find information about utility models, copyright, trade marks and designs?
- I have an invention. How can I find out if something similar already exists and has been patented?
- How much does a European patent cost?
- Can I get financial help from the EPO for patenting my invention?
- How long does a granted European patent stay valid?
- Is it possible to object to a particular application, either before or after it has been granted?
- Where can I find information about the patentability of programs for computers?
- Where can I find out about job opportunities at the EPO?
The European patent grant procedure
- What do I have to do to apply for a European patent?
- Choosing a route: national, European or international?
- What if I want to protect my invention in one country only?
- I have filed an international application and want to enter the regional European phase. What do I have to do?
- Can I use the priority of my national patent application when filing a European application?
- Do I have to appoint a professional representative?
- What methods of fee payment does the EPO accept?
- When can I expect to get my search report?
- How long will it take for my European patent application to be published?
- I would like to change the address for correspondence. What do I have to do?
- Is it possible to delete an inventor from, or add an additional inventor to, a European patent application that has already been filed?
- I would like to register a licence for a European patent application. What do I have to do?
- I would like to register a transfer of rights (change of ownership) for a European patent application. What do I have to do?
- I would like to register a change in the name of the applicant. What do I have to do?
- How long does the grant procedure take?
Patent information databases and statistics
- How can I find out if a particular patent or patent application is still valid?
- How can I get a copy of a patent? Where can I find European patent documents (e.g. A1 documents)?
- Where can I find patent statistics?
Can't find what you are looking for? Use our contact forms to submit your question.
Contact forms:
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I would like to search in the EPO's patent information databases and need help.
Answers
What are patents and what do they protect?
Patents protect technical inventions in all fields of technology. They are valid in individual countries, for a specified period. Patents give holders the right to prevent third parties from commercially exploiting their invention. In return, applicants must fully disclose their invention. Patent applications and granted patents are published, which makes them a prime source of technical information.
Under the provisions of the European Patent Convention, patents are only granted for inventions that are new, involve an inventive step and are industrially applicable. An invention meets these requirements if it was not known to the public in any form prior to the date of filing (or priority date), is not obvious to a person skilled in the art, and can be manufactured or used industrially.
For more information see "How to apply for a European patent".
Discoveries, mathematical methods, computer programs and business methods as such are not regarded as inventions. Surgical and therapeutic procedures, diagnostic methods and new plant or animal varieties are completely excluded from patentability.
The European Patent Convention does not recognise inventions whose commercial exploitation would be contrary to 'ordre public' or ethical principles. These include, for example, means of cloning human life or the use of human embryos for commercial or industrial purposes.
Further information about patentability can be found in the Guide for applicants, Part 1, point 27 ff.
Need more information? Use our contact form to submit your question.
Where can I find information about utility models, copyright, trade marks and designs?
Generally speaking, utility models protect technical innovations which might not qualify for a patent, and can be protected in some countries through registration. Copyright protects creations such as literary text, musical compositions and works of art, broadcasts and computer software against unauthorised copying and certain other uses. Trade marks allow brands of products or services to be distinguished. They may be made up of two- or three-dimensional signs such as letters, numbers, words, shapes, logos or pictures, or even sounds. Designs and models protect the visual appearance of industrial products, i.e. the shape and colour.
More information on utility models, trade marks, copyright and designs can be obtained from the national IP offices of the EPO member states .
For information on trade marks and designs in the European Union, contact the Office for Harmonization in the Internal Market (OHIM) at:
Office for Harmonization in the Internal
Market (OHIM)
(Trade Marks and Designs)
Avenida de Europa, 4
03008 Alicante, Spain
Tel.: +34 (0)96 513-9100
Fax: +34 (0)96 513-1344
www.oami.europa.eu
Need more information? Use our contact form to submit your question.
I have an invention. How can I find out if something similar already exists and has been patented?
One way of checking whether or not your
product or idea has already been invented and patented by somebody else is to
consult
esp@cenet
,
the EPO's free online database. esp@cenet contains over 60 million
patent documents that can be searched through a combination of keywords. To
search in esp@cenet, all you need to do is
- go to http://ep.espacenet.com
- select (for example) "Advanced Search"
- select "Worldwide" patent database
- type your search keyword(s) in the appropriate search field and then click on "Search".
You can find out more about how to use this database from the "esp@cenet
assistant" e-learning module.
Need more information? Use our contact form to submit your question.
How much does a European patent cost?
Fees are charged for filing, search, designation of states, claims (if more than fifteen), examination, grant and printing. Renewal fees are also payable for the third year and each subsequent year after the date of filing. The filing and search fees due at the beginning of the procedure currently amount to about EUR 1 230 (or EUR 1 150 if the application was filed online*). The remaining fees are payable later. This means that applicants can decide at each stage of the procedure whether or not to continue with their application. As a rough guide, it currently costs on average EUR 4 920 (or EUR 4 840 if the application was filed online*) to take a patent application with seven or more designated states through to the grant stage.
* For more information, please visit the Online Services website.
At the post-grant stage, competence is transferred to the contracting states designated in the European patent. In some of the contracting states the requirements for validation of the European patent in the state may incur costs. In order to maintain the patent, renewal fees must be paid in each of these countries. The amount of the renewal fee varies from state to state.
The overall cost of obtaining a European patent may also include fees for the services of a patent attorney. Further details of these costs can be obtained from any patent attorney authorised to act as a professional representative before the EPO. A searchable database of professional representatives is available on this website.
Need more information? Use our contact form to submit your question.
Can I get financial help from the EPO for patenting my invention?
The European Patent Office does not provide any assistance with licensing, funding, or finding venture-capital partners. Some useful links can be found in the IP webguide.
Need more information? Use our contact form to submit your question.
How long does a granted patent stay valid?
The maximum term of a European patent is twenty years from the date of filing. If the annual renewal fees are not duly paid or if the patentee revokes his patent or the patent is revoked, the patent might lapse earlier. In certain cases (medical or plant protection product patents) the possibility exists to extend the period of protection.
For more details please see Article 63 EPC.
Need more information? Use our contact form to submit your question.
Is it possible to object to a particular application, either before or after it has been granted?
Following the publication of a European patent application, any person may submit observations concerning the patentability of the invention in respect of which the application has been filed. Such observations must be filed in writing and must include a statement of the grounds on which they are based. The person filing the observations shall not be a party to the proceedings before the EPO and will not be informed by the EPO about the further outcome of the patent granting proceedings. There is no specific EPO form for this purpose, and no fee is payable. The observations are communicated to the patent applicant/proprietor of the patent, who may comment on them.
Up to nine months after publication of the mention that a European patent has been granted, any person (with the exception of the patent proprietor himself) may file a notice of opposition to the patent with the EPO. The notice of opposition must be filed in a written reasoned statement. That means that the opponent must state at least one ground for opposition under Article 100 EPC and indicate the facts, evidence and arguments presented in support of the ground(s). Otherwise the notice of opposition will be rejected as inadmissible. It is advisable to use the official EPO opposition form, which is available free of charge from the EPO and the central industrial property offices of the contracting states. Notice of opposition is not deemed to have been filed until the opposition fee of EUR 670 has been paid.
For further details of the opposition procedure see the Guide for applicants, Part 1, point 178 ff.
Need more information? Use our contact form to submit your question.
Where can I find information about the patentability of programs for computers?
If you would like to find out more about the patentability of programs for computers see 'Software for patents?'.
Need more information? Use our contact form to submit your question.
Where can I find out about job opportunities at the EPO?
Vacancies are published in the Jobs section on this website.. The website also contains information about internships for lawyers and engineers, and contract work.
Vacancy notices include the opening and closing dates of the competition, the main duties involved, a list of requirements the candidates must meet, and details of how to apply. Candidates should apply by completing the online application form linked to the vacancy notice.
Read more about the application procedure .
Need more information? Use our contact form to submit your question.
What do I have to do to apply for a European patent?
Requests for the grant of a European patent must be filed on the form prescribed by the European Patent Office (EPO Form 1001). This should be accompanied (where applicable - i.e. where the applicant is not the inventor or is not the sole inventor) by a ‘Designation of the inventor' form (EPO Form 1002). An ‘Authorisation' (Form 1003) may also be required (see ‘Representation' below).
European patent applications must contain:
- a request for the grant of a European patent (EPO Form 1001)
- a description of the invention
- one or more claims
- any drawings referred to in the description or the claims
- an abstract.
Representation
If you do not have either a residence or a place
of business within the territory of one of the contracting states of the EPC
(non-resident applicants) you must be represented by a professional
representative and act through him in all proceedings, other than in filing the
European patent application. You can find a professional representative on the database of professional
representatives.
Cost of a European patent application
The following fees are payable upon filing a European patent application.
- Filing fee: EUR 180 (for paper filings - fee code 001) or EUR 100 (for online filings)
- Search fee: EUR 1 050 (fee code 002)
- Where appropriate, claims fees: EUR 200 (fee code 015) for the sixteenth and each subsequent claim.
The above fees are due within one month of filing of the European patent application.
If after receipt of the European search report you
decide that you wish to pursue the application, further fees are payable.
Where to file
The filing offices of the European Patent Office (EPO) are located in Munich, Berlin and The Hague. You may use any of the filing offices to file your application. You may also file by fax or online .
The EPO's postal addresses and fax numbers can be found on the Contact page .
For further information on how to file a European patent application and about the European patent granting procedure, see How to get a European patent, Guide for applicants, Part I , as well as the EPO forms required and the current Schedule of fees and expenses.
Need more information? Use our contact form to submit your question.
Choosing a route: national, European or international?
The European patent grant procedure and the national patent grant procedures exist in parallel. When seeking patent protection in one or more EPC contracting states, you therefore have a choice between following the national procedure in each state for which you want protection and taking the European route, which in a single procedure confers protection in all the contracting states that you designate.
If you want to patent your invention in one particular country, you will need to contact the national patent office of the country concerned. Contact details of the patent offices of the EPO member states are available in the IP webguide .
If you decide that you want a European patent, you have a further choice between the direct European route and the Euro-PCT route. With the direct European route, the entire European patent grant procedure is governed by the EPC alone. With the Euro-PCT route, the first phase of the grant procedure (the international phase) is subject to the PCT, while the regional phase before the EPO as designated or elected Office is governed primarily by the EPC.
For further details see the Guide for applicants, Part 1 and the Guide for applicants, Part 2 (Euro-PCT).
Need more information? Use our contact form to submit your question.
What if I want to protect my invention in one country only?
If you want to patent your invention in a specific country only, you should contact the national patent office of the country concerned:
Need more information? Use our contact form to submit your question.
I have filed an international (PCT) application and want to enter the regional European phase. What do I have to do?
In order to initiate the European phase you must fulfil certain minimum requirements within 31 months of the filing date or, if priority has been claimed, the earliest priority date. More details can be found in the Guide for applicants, Part 2 (Euro-PCT), point 171 ff.
Need more information? Use our contact form to submit your question.
Can I use the priority of my national patent application when filing a European application?
If you or your predecessor in title have filed an application for a patent or for the registration of a utility model or for a utility certificate in or for any state party to the Paris Convention for the Protection of Industrial Property (July 2008: 173 states) or any member of the World Trade Organization (July 2008: 153 states), you may claim priority when filing a European patent application in respect of the same invention. You should do so no later than twelve months after filing the first application.
If the earlier application was filed in or for an EPC contracting state, you may also designate that state in the European application. The earlier application whose priority you claim may also be a European or international (PCT) application.
For further details see the Guide for applicants, Part 1, point 52 ff.
Need more information? Use our contact form to submit your question.
Do I have to appoint a professional representative?
If you have either a residence or a place of business within the territory of one of the contracting states to the EPC you are not obliged to be represented by a professional representative (European patent attorney). If you are a non-resident applicant, you may file a European patent application on your own behalf but must appoint a professional representative and act through him afterwards. This does not apply to fee payments, since these may be made by anybody.
Patent grant procedures are highly complex. So if you lack the requisite experience, we advise you to consult a professional representative before the EPO.
Representation may also be undertaken by any legal practitioner qualified in one of the contracting states and having his place of business within that state, provided that he is entitled in that state to act as a professional representative in patent matters.
Further details can be found in the Guide for applicants, Part 1, point 58 ff.
See also the searchable online database of European patent attorneys.
Need more information? Use our contact form to submit your question.
Which methods of fee payment does the EPO accept?
Fees due to the EPO may be paid by payment or transfer to a bank account held by the EPO.
They may also be paid by debiting a deposit account opened with the EPO in Munich (Supplement to Official Journal 10/2007, "Arrangements for deposit accounts and their annexes").
Holders of EPO deposit accounts may also use the EPO's Online Fee Payment service.
Credit card payments are not accepted.
All fees must be paid in euros. Payments in other currencies will not be accepted. See the EPO's bank account details.
Fees may be validly paid to the EPO by any person.
Further details are available under 'Fees, expenses and prices'.
Need more information? Use our contact form to submit your question.
When can I expect to get my search report?
If you have a query about your search report, please contact us by letter or fax quoting the application number. We cannot give out this information over the phone.
The EPO's contact details can be found on the 'Contact' page on this website.
Need more information? Use our contact form to submit your question.
How long will it take for my European patent application to be published?
Your application will be published eighteen months after the date of filing or the earliest priority date. You may, however, request that it be published earlier.
For further details see the Guide for applicants, Part 1, point 149 ff.
Need more information? Use our contact form to submit your question.
I would like to change the address for correspondence. What do I have to do?
Requests to change the address of the applicant or inventor should be submitted in writing (letter or fax) to the EPO's official address, quoting the application number(s) concerned. Where appropriate, you can indicate that the change of address affects all applications filed in your company's name. There is no fee payable and no prescribed form is required.
The EPO's postal addresses and fax numbers can be found on the 'Contact' page
Need more information? Use our contact form to submit your question.
Is it possible to delete an inventor from, or add a further inventor to, a European patent application that has already been filed?
European patent applications have to designate the inventor. If the applicant is not the inventor or is not the sole inventor, the designation must contain a statement indicating the origin of the right to the European patent. Unless he waives this right in due time, the person designated as the inventor will be mentioned in the published European patent application, the European patent specification, the Register of European Patents and the European Patent Bulletin.
Incorrect designations may be rectified provided that a request is received accompanied by the consent of the wrongly designated person and the consent of the applicant for or proprietor of the patent where the request is not filed by that party. If a further inventor is to be designated, the consent of the inventor(s) previously designated is not necessary. Rectification may also be requested after the proceedings before the EPO are terminated.
Where an incorrect designation has been rectified and where the incorrect designation was entered in the European Patent Register or published in the European Patent Bulletin, its rectification or cancellation will also be published therein. The national patent offices will be informed accordingly. However, a new patent certificate/specification will not be issued by the EPO since the inventor was not known at the date of grant.
Further details can be found in the Guidelines for Examination in the EPO, Part A, Chapter III, point 5, 'Designation of Inventor' .
The EPO's postal addresses and fax numbers can be found on the 'Contact' page
Need more information? Use our contact form to submit your question.
I would like to register a licence for a European patent application. What do I have to do?
There is no prescribed form for registering a licence. Requests must, however, be filed in writing, together with supporting evidence, e.g. a copy of an official document or extract, or a declaration signed by both parties.
For further information see the Guidelines for Examination in the EPO, Part E, Chapter XIII, point 3 .
An administrative fee of EUR 85 (code 023) per application must be paid.
Note: the last date that a licence can be recorded with the European Patent Office is the date of mention of the grant in the European Patent Bulletin. Any request must therefore be filed on or before this date.
Where a patent has been granted but no request has been filed in due time, licences must be recorded with the competent national office(s) direct, in accordance with the relevant national regulations. Further information about the recordal of licences after the grant of a European patent can be found in National Law relating to the EPC .
Need more information? Use our contact form to submit your question.
I would like to register a transfer of rights (change of ownership) for a European patent application. What do I have to do?
Registrations of transfers (assignments) of European patent applications are recorded in the Register of European Patents at the request of an interested party and on production of documents satisfying the EPO that the transfer has taken place. This document might be a copy of or extract from an official document, or a declaration signed by both parties.
There is no prescribed form for such requests. They must, however, be filed in writing with the EPO, quoting the application number(s) concerned.
The EPO's postal addresses and fax numbers can be found on the 'Contact' page
An administrative fee of EUR 85 per application (fee code 022) is payable.
Further details can be found in the ‘Guidelines for Examination in the EPO ', Part E, Chapter XIII, point 1.
Need more information? Use our contact form to submit your question.
I would like to register a change in the name of the applicant. What do I have to do?
If the change affects the name only, and no transfer of rights has occurred, you can ask for it to be recorded by sending a letter or fax to the EPO quoting the relevant application number. No fee is payable.
The EPO's postal addresses and fax numbers are available on the 'Contact' page
Need more information? Use our contact form to submit your question.
How long does the grant procedure take?
The European patent grant procedure takes about three to five years from the date your application is filed. It is made up of two main stages. The first comprises formalities examination, the preparation of the search report and the preliminary opinion on whether the claimed invention and the application meet the requirements of the EPC. The second involves substantive examination.
Need more information? Use our contact form to submit your question.
How can I find out if a particular patent or patent application is still valid?
Legal status information (i.e. information about where and whether a patent is valid) for European and Euro-PCT applications is available via the EPO's free online Register Plus service . This service also gives users access to the publicly available parts of the application file, up to and including the grant stage (and including any opposition/appeal procedures).
Once they have been granted, European patents revert to the national patent offices of the designated states. You should therefore contact the relevant office for any post-grant legal status information you require.
Legal status information can also be accessed via the "INPADOC Legal Status" tab in the EPO's free esp@cenet service . This information is based on data the EPO receives from the national patent offices.
For information on the legal status of a patent you can also contact the EPO direct at inpadocservices@epo.org. The cost for this service is EUR 10.20 per patent and country.
Need more information? Use our contact form to submit your question.
How can I get a copy of a patent? Where can I find European patent documents (e.g. A1 documents)?
You can obtain copies of European patent applications, granted European patent specifications and corrected documents from the European publication server.
Need more information? Use our contact form to submit your question.
Where can I find patent statistics?
Basic EPO production statistics such as filing rates by technical domain, residence of applicants and inventors, the most active patent filers, etc. can be found in our annual reports and "Facts and figures" brochures.
The EPO website contains a general breakdown of these statistics by EPC state, which is also published in our annual reports.
Statistical
data from the EU perspective can be found on the Eurostat website.
Statistics from the EPO, United States Patent and Trademark Office, and Japanese Patent Office dating back to 1996 can be found in the annual Trilateral Statistical Reports, which are published on the Trilateral website. The reports also provide an overview of worldwide patenting activities, as well as details of and comparisons between each office's business processes.
If you want to create your own statistics based on EPO data, we recommend our subscription databases. These patent information products allow you to select data and export them to other applications (MS Excel, MS Access) for further analysis and reporting.
The EPO Worldwide Patent Statistical Database - also known as PATSTAT - is aimed at research institutes, universities and governmental organisations. Created by the EPO on behalf of the OECD Taskforce on Patent Statistics, the database is designed to assist in advanced statistical research. As it is SQL-based, users will need a solid grounding in databases and relational database management systems.
Further details can be obtained from patentdata@epo.org.
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