Register a European patent for ideas inventions

Q: Since when do the European patent procedure and the Unitary Patent exist?

The traditional European patent procedure has existed since 1977. In contrast, the so-called Community patents , or unitary European patents , are very recent. These European patents have been in force since 2023.

Q: How to patent an invention in Europe?

The steps to patent an invention in Europe are similar to those followed for national patents . However, you will need an accredited representative for European filings. It is important to study the list of countries covered by the traditional European patent procedure as well as the 17 markets you can cover with a unitary European patent . It cannot be said that the traditional patent procedure is better or worse than the unitary European patents —it depends on the business strategy and the invention’s real market potential.

Q: Is a European patent better than a United States patent?

In reality, the industrial property market is much more dynamic and mature in the United States. The number of patent sale and purchase transactions in the U.S. and the amounts awarded in U.S. patent infringement claims are significantly higher than the business figures associated with the industrial property market in Europe . However, the costs of patenting in Europe and patenting in the United States are very similar.

Q: Does a European Utility Model exist?

There is no such thing as a European Utility Model because it is not a patent, nor does obtaining one require the rigor of a patent . For this reason, under the agreement for unitary European patents , Utility Models cannot be included as part of this procedure.

Steps to register a European patent. Costs and main industrial property methods in Europe.

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Definition of a European patent

The definition of a European patent refers to an industrial property right granted by the European Patent Office (EPO). Specifically, European patents allow, through simplified procedures, the filing of a patent in multiple countries within the European community.

Types of European Patents. Definitions of European Patents.

There are three main types of patents in Europe: national patents, the traditional European patent, and the unitary European patent.

National patent in the European Community

The national patent in Europe is an industrial property right that grants exclusive exploitation rights of the invention within the European Union country where the invention has been filed and registered. The European national patent is equivalent to the invention patent, which we have covered in other articles on Let’s Prototype.

Traditional European patent

The traditional European patent is a streamlined procedure that allows the inventor to file the invention through a single process in selected countries of the European community. The result of patenting through the traditional European patent is not a single unified patent title valid across all EU countries. Instead, this procedure leads to the granting of multiple national patents, one for each selected country.

The mistake many inventors in Europe make is confusing the traditional European patent procedure with the idea of obtaining a single title that protects the invention in 100% of the countries.

Unitary Patent of Europe

The European Unitary Patent is an industrial property protection title for a specific invention, which is protected in 17 European Union countries. The main difference between the European Unitary Patent and the traditional European patent is that the unitary patent actually constitutes a single protection title that safeguards the invention across those 17 countries.

Complete Guide to European Patents

Excluding from the European patent analysis the European national patents, which are synonymous with invention patents, well known to all, we now move on to define points of similarity and difference between traditional European patents and unitary European patents.

Coverage of European patents

The traditional European patents allow the filing of an invention for examination in up to 30 countries of the European community.

The European unitary patent allows for the immediate registration and protection of the invention in 17 European Union countries.

Office for filing European patents

Both the traditional European patent procedure and the unitary European patents must be processed through the EPO (European Patent Office).

Protection of European patents

In the case of traditional European patents, the result is a bundle of national patents granted by the individual countries that make up the European Union.

The European unitary patent allows for the granting of a single patent title valid in 17 countries of the European Community.

Both the national patents in Europe obtained through the traditional procedure and the unitary patents grant an exclusive exploitation right for 20 years.

Claims for infringement of European patents

European patents obtained through traditional procedures, in the event of infringement, must be handled individually through the patent offices or courts of each country, depending on the scenario and location of the identified patent infringements.

In the case of unitary European patents, claims are processed directly and exclusively through the UPC, which is the Unified Patent Court of the European Community.

Cost of European patents

European patents, when filed at different times and without streamlined procedures, have an approximate cost of between €7,000 and €10,000 per country. Traditional European patents, which allow for the possibility of obtaining up to 39 national patent titles, usually have a total cost ranging from €20,000 to €30,000. In the case of unitary European patents, the cost to obtain a single patent with protection in 17 European countries is estimated at between €8,000 and €15,000.

Why are there 39 possible countries on the European patent list?

The European Union is made up of 27 countries; however, other states such as the United Kingdom, Switzerland, and Norway have joined the European patent agreements, which allows patents to be filed in these countries in addition to those that are members of the European Union.

Since when do the European patent procedure and the Unitary Patent exist?

The traditional European patent procedure has existed since 1977. In contrast, the so-called Community patents, or unitary European patents, are very recent. These European patents have been in force since 2023.

How to patent an invention in Europe?

The steps to patent an invention in Europe are similar to those followed for national patents. However, you will need an accredited representative for European filings. It is important to study the list of countries covered by the traditional European patent procedure as well as the 17 markets you can cover with a unitary European patent. It cannot be said that the traditional patent procedure is better or worse than the unitary European patents—it depends on the business strategy and the invention’s real market potential.

Is a European patent better than a United States patent?

In reality, the industrial property market is much more dynamic and mature in the United States. The number of patent sale and purchase transactions in the U.S. and the amounts awarded in U.S. patent infringement claims are significantly higher than the business figures associated with the industrial property market in Europe. However, the costs of patenting in Europe and patenting in the United States are very similar.

Does a European Utility Model exist?

There is no such thing as a European Utility Model because it is not a patent, nor does obtaining one require the rigor of a patent. For this reason, under the agreement for unitary European patents, Utility Models cannot be included as part of this procedure.

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