European patent

In filing one patent application with the European Patent Office (EPO), you can obtain a patent in thirty-seven European countries at the same time. It makes sense to apply for a European patent if you require the patent in more than three European countries. For registration in three countries or fewer, one application per country is more economical.

Offices in Munich and The Hague: Arnold + Siedsma has offices close to the European Patent Office in both Munich and The Hague.

A European patent is always examined for novelty, inventive step and industrial applicability. If the patent is granted, it is divided up into exactly as many national patent rights as the number of countries that you have designated. Once granted, the patent must be registered in each country, whereby costs are incurred. In short, the costs rise with the number of countries in which you wish to register your patent. You will need to make a commercial decision here. However, this does not have to be done right away: You can start small, with a Dutch patent and a novelty search, followed by the European patent application. You do not have to choose the countries in which you wish to register your patent until the patent is granted. Arnold + Siedsma can assist and advise you here.

Once a European patent has been granted, it must first be registered in the countries in which it is to be valid. This step is referred to as ‘validation’.

The patent holder determines which countries these should be. Validation requires the filing of a full or partial translation of the patent in a country, usually on payment of an official fee. The validation must be completed within 3 months following the granting of the patent. Translations are normally produced in collaboration with the offices of local attorneys, who must be instructed early enough to allow the validation to be completed in a timely manner. If the validation is not completed correctly or in a timely manner in a specific country, the patent right will not apply to that country.