The application can be filed directly at the European Patent Office (EPO) or within 12 months of filing the same application at a national level, claiming priority, in one of the 3 official languages, namely English, French or German.
To file a European patent application, it is necessary to attach a description of the invention, the claims, and the related technical drawings. In addition to the technical improvement that the invention aims to achieve and the consequent advantages resulting from it, the description must explain all the technical-constructive characteristics of the invention.
The critical part of a patent application are the claims which must specify and describe, with appropriate technical terminology, the components of the invention for which protection is requested. Anything not included in the claims of the application will not be protected by the patent. The technical drawings referred to in the description must also show the technical improvements introduced by the invention.
Once the application together with all the aforementioned documents and information has been filed, and the related fees have been paid to the European Patent Office (EPO), the application is assigned a filing number and a corresponding filing date. The EPO then carries out a prior art search and publishes the application and the related search results within 18 months of filing. These are then evaluated by an examiner who decides whether to grant the patent in question or not. If the patent is granted, the owner has 3 months to validate it in one or more of the European Union member countries (28) that have adhered to the European Patent Convention. Validation procedures differ from country to country.
Although it may take several months for the patent to be actually granted, once the application has been filed the inventor has the right to produce, sell or assign the invention.
Relevant regulation: European Patent Convention of 1973, amended on 29 November 2000.
