European Patents

A European patent provides protection in almost all European countries and other neighboring countries through a single application to the European Patent Office (EPO), which combines the application process for all these countries and helps to reduce overall costs. The applicant decides which countries to include, and it is only when the European patent is granted by the EPO that a decision can be made as to whether only individual countries are relevant or whether a unitary patent is desired. European patents can replace or supplement national patents in European countries. It therefore often makes sense to hold a parallel German patent in addition to, for example, a European patent that has an effect, among other countries, also in Germany. In specific countries, they can offer a noticeably higher deterrent against imitation or, in the event of a dispute, a higher level of protection, even if the scope of protection differs slightly.

How long does it take to obtain a European patent?

The time it takes to obtain an EP patent is not fixed, but depends on the technical field of the invention to be protected, the examination procedure, and the urgency of the patent application. The examination procedure can take between two and six years. There are reasons to obtain a patent as early as possible, but there are far more reasons to delay the grant until a later date. We would be happy to advise you on this.

We would like to briefly outline all the essential steps involved in applying for a patent until it is granted by the EPO:

Patentability Requirements

Before considering filing a patent application, it is first necessary to check whether the invention in question meets the basic requirements for patentability. These comprise three key criteria:

• First, the invention must be new, i.e., it must not have been published anywhere in the world.
• Second, it must involve an inventive step, i.e., it must not be obvious to a person skilled in the art.
• Third, it must be industrially applicable, meaning that it must be technically feasible and economically viable.

In order to verify novelty in particular, it is advisable to conduct a thorough patent search, for example by using publicly accessible databases such as Espacenet or DEPATISnet.

Preparation of the application documents

Several documents are required to apply for a European patent at the European Patent Office (EPO). The central element is a detailed patent description that explains the invention in a comprehensible manner, including all relevant technical details. The patent claims, which define the scope of legal protection, are also necessary. If necessary, technical drawings must be included to illustrate certain aspects of the invention. The application is supplemented by a summary of the invention and the application form (EPO Form 1001). The application can be submitted in German, English, or French. If the application is filed in another language, a translation into one of these three official languages must be submitted within two months. In particular, the precise drafting of the patent claims should ideally be carried out by an experienced patent attorney in order to ensure the optimal scope of patent protection.

Filing the application

The European patent application can be filed in several ways: electronically via the EPO’s online filing system, by mail to the headquarters in Munich, by fax (with subsequent submission of the original documents), or by personal delivery to the EPO offices in Munich, The Hague, or Berlin. Regardless of the method of submission, a formal examination is then carried out to check that the documents are complete and formally correct.

Search report, publication, and examination

After the formal examination, the EPO prepares a European search report, which provides an initial assessment of the patentability of the invention based on a patent search. Eighteen months after the filing date or priority date, the patent application is published and thus made publicly available. Within six months of this publication, a request for substantive examination of the invention must be expressly filed; an examination fee is payable with the request. As part of the substantive examination, the EPO examines the content of the invention to determine whether it meets the requirements of the European Patent Convention. The procedure may involve several official communications and responses.

Granting and geographical scope of protection

If the invention is deemed patentable after successful examination, the European patent is granted. It should be noted that the patent does not automatically apply in all member states of the European Patent Convention. Rather, validation is required in the respective countries in which patent protection is desired. This may require translations of the claims and the payment of national fees. Alternatively, the applicant can obtain uniform protection in numerous EU member states by applying for a unitary patent, provided that the requirements for this are met. For more comprehensive international protection, an international application under the Patent Cooperation Treaty (PCT) may be recommended. We would be happy to assist you in selecting a suitable protection strategy.

Maintaining the patent

A European patent can be maintained for a maximum of 20 years from the filing date. This is subject to the timely payment of the annual maintenance fees. If one of these fees is not paid, the patent automatically expires for the respective year and country.

Summary of the process

The application procedure at the European Patent Office essentially comprises the following steps: First, a patent search is carried out to check the novelty. Then, the necessary application documents are prepared, including the technical description, the claims, and any drawings. This is followed by the formal submission of the application to the EPO. After formal and substantive examination and publication, the patent is granted. Validation in the desired contracting states is then required. Finally, the patent must be maintained by paying annual fees. To avoid formal errors and maximize your chances of success, it is highly recommended to consult a qualified patent attorney as early as possible.

Further information on the EPO and European patents

The European Patent Office (EPO), based in Munich, is responsible for granting European patents under the European Patent Convention. Such patents can be identified by their publication numbers, which always begin with the abbreviation “EP,” for example, “EP 0 123 456 B1.” Put simply, anything that would be patentable in other established patent systems, such as the German Patent and Trademark Office (DPMA), is generally eligible for protection.

The unitary patent

The unitary patent is a property right that has been available since June 1, 2023, and has a uniform effect in currently 17 participating EU member states. Unlike the conventional European patent, which must be validated and administered individually in each desired country after it has been granted, the unitary patent offers a centralized and cost-efficient solution: with a single application, the patent holder receives protection in all participating countries. The unitary patent is applied for directly at the European Patent Office (EPO) after the grant of a European patent by submitting a declaration of the desired unitary effect within one month. The main advantages include lower administrative and translation costs, simplified enforcement through the Unified Patent Court, and uniform case law. The unitary patent thus contributes to strengthening the European internal market and facilitates access to cross-border patent protection, particularly for small and medium-sized enterprises.

Disputes involving European patents and unitary patents

Disputes involving conventional European patents are handled by the national courts of the respective countries, which can lead to parallel proceedings in several countries. Disputes involving unitary patents, on the other hand, are handled by the Unified Patent Court (UPC), a specialized international court with central, regional, and local chambers. Disputes concerning unitary patents are heard centrally before the UPC, enabling uniform decisions with effect for all participating states. In contrast, disputes concerning traditional European patents must be heard individually in each country concerned. A patent can only be challenged centrally via the UPC in the case of unitary patents, whereas in the case of European patents, a challenge can only be brought in the individual states where the patent is validated.

Has your patent been infringed? At Bobbert & Partner, we consistently enforce your rights – with experience, strategy, and the right instinct for effective solutions. Whether it is a warning letter, preliminary injunction, or court enforcement, we defend your intellectual property rights resolutely and efficiently. So that imitators do not stand a chance – and your innovation stays exactly where it belongs: with you.

Protection from competitors

As a patent law firm based in Germany, Bobbert & Partner can effectively protect you from having your freedom of action restricted by competitors’ patents or patent applications. Protection begins with careful monitoring of the patent landscape: through regular research and monitoring services, we identify new patent applications from competitors that could potentially affect your business model at an early stage. This allows you to react in good time, for example, by filing oppositions, submissions in the examination procedure, or strategic objections to the Patent Office.

We also support your company in conducting freedom-to-operate (FTO) analyses. These analyses examine whether certain products or processes could infringe on existing third-party patents. This allows legal risks to be identified and avoided at an early stage, whether by adapting product design, finding technical workarounds, or negotiating licenses.

In addition, we also support you in active defense cases: If a competitor attempts to assert claims under a patent, we will examine the legal validity of the property right, coordinate any nullity actions, or defend your company in infringement proceedings before the competent courts—including the Unified Patent Court (UPC) in the case of a unitary patent. We would be happy to advise you on this matter.

In short: we not only protect your own innovations, but also provide you and your company with security against the property rights of third parties, for legal clarity, entrepreneurial freedom, and sustainable market success.