European Patent Application

As of 1 May 2010, a European patent application can cover any one more of the following EPC contracting states: Albania, Austria, Belgium, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Monaco, Netherlands, Norway, Poland, Portugal, Romania, San Marino, Serbia, Slovakia, Slovenia, Spain, Sweden, Switzerland/Lichtenstein, Turkey, United Kingdom and Macedonia. Further, a European patent application can be extended to cover the following so-called extension states: Bosnia and Herzegovina, and Montenegro.

 In order to file a European application (which if required can be filed at the UKIPO) and establish a filing date we would look to receive the following:

 -         Full name, address and nationality of the applicant(s)

-         Full details of the invention or a copy of the specification claims abstract and drawings to be filed

-         Number, country and date of priority application(s) (if applicable)

 In due course, to complete the formal requirements, we would look to receive:

 -         Confirmation as to whether any "extension states" are to be included

-         Details of the inventor(s) and the basis for the applicant's right to the invention (e.g. date of an assignment)

-         Certified copy of priority document (unless supplied directly to the EPO) and verified translation (if applicable)

-         Formal drawings if not initially provided

 Grant and the London Agreement

 Following grant, a European patent will become, in effect, a bundle of national patents covering the designated countries and any extension states remaining of interest at grant. In order for this to happen, some translation of the text may be necessary, depending upon which countries remain of interest. The entry into force of the London Agreement in some contracting states has reduced the translation requirements and related costs. However, it has not dispensed with them altogether since not all countries have signed-up to the London Agreement, and some of those which have signed-up have retained a claims-translation requirement.

 Also, translation of the claims into the other two official languages of the European Patent Office (for example into French and German for an English language application) remains a requirement for grant of a European patent.

 Thereafter, the translation requirements depend upon the countries that remain of interest. For example,the following countries require no further translation, regardless of the language of the European patent: United Kingdom, Germany, France, Switzerland/Lichtenstein, Monaco and Luxembourg. The next list is of countries that do not require any further translation if the language of the European patent is in one of their own official languages: Austria, Belgium, Ireland and Malta. All other contracting and extension states require at least a translation of the claims into their national language, and most also require translation of the description either into their national language or English. The following countires only require translation of the claims, and not of the description, if the application has been prosecuted in English: Netherlands, Sweden, Denmark, Hungary, Iceland and Croatia.