Why consider a Europe Unitary Patent?
US patent applicants will often give consideration to foreign patent protection. In addition to China, US patent filers will commonly consider Europe. A single utility patent application may be filed with the European Patent Office (EPO) which will give the applicant patent-pending status in the European member countries. If and when your EPO application has been allowed, you will then need to decide which individual European countries you wish to have the patent validated. It is during this validation stage where the European Unitary Patent might save you money.
Are you a US company thinking of European patent protection? Contact US patent attorney Vic Lin at vlin@icaplaw.com to explore working with our international network of IP professionals in Europe.
What is an EPO patent application?
A bit of background may be helpful for inventors and patent filers in the US. When a utility patent application is first filed in the US, the applicant has the option to file foreign patent applications that link back to the US filing date within certain deadlines from that US filing date.
For most US applicants, a patent application filed with the EPO will be a utility patent application that stems from an original utility patent application filed with the USPTO. By filing a single application with the EPO, the applicant has reserved the right to obtain patents in all the member countries if and when the EPO application is approved.
Once an EPO patent application is approved, the process moves to the validation stage where the applicant must then choose which countries they wish to have the patent granted in.
What is the validation stage of an EPO patent application?
When an EPO patent application is allowed, the applicant must choose the individual member countries in which they wish to have the patent granted. Validation typically requires translation and payment of pertinent costs for each chosen country. The more countries you want, the higher the validation costs.
During this validation stage, the unitary patent comes into play. Instead of validating in each country, you can consolidate validations in certain European countries by opting for the unitary patent.
What is a European Unitary Patent?
A unitary patent is a streamlined way to validate your European patent application. Instead of validating in each individual country, you may opt for a unitary patent that covers validation in the following member countries:
- Austria
- Belgium
- Bulgaria
- Denmark
- Estonia
- Finland
- France
- Germany
- Italy
- Latvia
- Lithuania
- Luxembourg
- Malta
- Netherlands
- Portugal
- Romania
- Slovenia
- Sweden
When is the deadline for a unitary patent?
The deadline to opt for a European Unitary Patent is about 2 months earlier than the conventional validation deadline. Applicants considering a unitary patent must decide promptly.
Will a unitary patent save you money?
A unitary patent might save you money depending upon the number of European countries, and which particular countries you choose. Generally, the more countries desired, the greater the probability that a unitary patent will save you money.
How do you get a patent in European countries that are not members of the unitary patent?
For EPO countries that are not members of the unitary patent, you would need to go the conventional route of validating in each country.
Need to get European patents based on your US application?
Contact US patent attorney Vic Lin at vlin@icaplaw.com to explore working with our network of worldwide IP professionals.
