Steps and Procedure for getting Patent in Europe

Steps and Procedure for getting Patent in Europe

“Procedure for obtaining a patent in Europe has the following steps: capturing your idea for creating complete invention disclosure, conducting a patentability search, drafting a patent application, filing the application, publication of application, examination, Office action, responding to objections, and grant of the patent.”

Table of Contents

Step 1: Going from idea to complete invention disclosure

Every invention has its beginning in an Idea.

In this phase, you capture your idea properly, get clarity on each element of the innovative idea, and fill-in the blank spots with appropriate research and experiment.

from idea to invention disclosure

Preliminary search: this search is for finding answers to questions that build a working disclosure or comprehensive invention disclosure.

  • What problem my invention is intended to solve? How does it work?
  • What are the elements or components of my invention?
  • Can I draw a block diagram or device or flowchart or sketch that explains my invention in a better way?
  • How the elements or components are interconnected
  • How each element is functioning in accordance with another element
  • Can I search and collect information about all elements, parts or components of my invention so that there are no blank spots?

This is the most important phase for the inventor where we go from an idea stage to a working invention disclosure that can be discussed with a patent agent or attorney.

Include drawings, diagrams, or sketches explaining the working of the invention. they play an important role in understanding your invention. Once you have your innovative idea completely captured with all technical details, then you perform a preliminary search.

Visit our Youtube channel https://www.youtube.com/@Patentattorneyworldwide

The outcome: of this step is a complete invention disclosure that covers all aspects of your invention without any missing elements or blank spots.

for more details, you may watch the video on what is exact information needed to file a patent application: creating complete invention disclosure

Step 2: Patentability search or Novelty search (optional step)

In this step, a comprehensive search is conducted to find out whether your invention meets patentability criteria in Europe which are : 

The patentability search is aimed towards finding out the novelty and non-obviousness of the invention, the search identifies the closes possible prior arts (known to the public) relating to your invention, and based on the results obtained an opinion about the patentability of your invention may be provided by patent agent or attorney. The patentability opinion may be positive, negative, or neutral.

The patentability report and opinion helps you decide whether to go ahead with the filing of a patent or not, chances are what you thought as a novel might already have been patented or known to the public.

Novelty search or patentability search report saves lots of time, efforts and cost for you preventing you from filing an invention which is not Novel. therefore although optional it is a recommended step in patent procedure. For more details on this Refer section on ” novelty search or patentability search ”

Cost of patentability search : the professional fees for a Patent attorney can range from EUR 500 to EUR 2000 based on the complexity and subject matter of the invention.

Time required for patentability search : the time required is about 5-7 working days

Why patentability search or Novelty search is recommended (although optional step) ?

  • The novel aspect of the invention identified via patentability search can be leveraged while writing patent application and especially claims of patent such that our patent application stands a good chance going through the examination stage to a granted patent.
  • In case the patentability opinion is negative, then it saves a lot of cost and time which would have unnecessarily invested in proceeding with the patent filing process and eventually getting the patent application rejected. 
  • It helps you in taking decision whether to proceed with patent filing or not and estimating chances of getting patent for your invention.

Step 3: Patent drafting / Patent writing

A patent is a techno-legal document, that means patent has technical as well as legal aspects to it. Patent drafting / patent writing is a specialized job, it requires years of practice and experience with patent law as well as an understanding of the field of the invention, along with general understanding of case-laws and overall rules and regulations in patent prosecution to be able to draft a good patent application.

There are many rules and care to be taken while drafting claims, writing detailed descriptions, writing different embodiment of the invention, describing inventive step etc… which a first-timer or inexperienced patent writer may miss and hence end up not getting proper protection for invention (or sometimes even rejection of patent). Writing patent as a project report or a technical thesis (on your own ) and submitting it to patent office would be a mistake which can cause loss of opportunity to patent your invention.

To get a quick understanding, you may quickly read some granted patents from your field (domain) and realize that it is a complex document and it completely defers from a thesis or a project report written with ordinary skills.

A good patent application should

Writing a good patent application is one of the most important step in life cycle of a patent and a good patent application written by an experienced patent agent / attorney should survive not only through the examination phase till the grant of patent but also it should survive the commercialization phase where actual money is made by licensing or selling patent rights, where competitors should not be able to work around your patent.

Writing such patent application is a skill and it is explained in detail in our section on “writing patent application (patent drafting)”

Cost of patent drafting in Europe : The cost for drafting a patent application in Europe varies in a great deal as it is dependent on multiple factors like field of invention and complexity and the cost can range from EUR 1500 to EUR 6000

Time required to draft a patent application in Europe : it takes about 1 to 2 weeks time for a patent attorney to draft an application for an invention. It certainly can take more time based on complexity, length of the detailed description, and availability of patent attorney’s time

The outcome of patent drafting stage is : 

  • A patent application that can be filed at EPO
  • A patent application that is well written by an experienced patent agent/attorney that survives through the examination phase, till the grant of patent and commercialization phase as well.

Step 4: Filing a patent application

The European Patent Office accepts applications under the European Patent Convention (EPC) and the Patent Cooperation Treaty (PCT). However if you are to file patent office in only selected countries from europe you would be saving your fees by applying directly to respective countries as nantional patent at each national patent office:

Applying for patent in European Patent office (EPO) has some benefits :

  • The EPO offers a uniform application procedure leading to patent protection in up to 39 European countries.
  • The granted Europen patent can be validated in each member country to become the national patent
  • the costs required for European patent starts making sense when you need protection in more than 3 member countries from EPO.
  • You would end up saving time, efforts and costs required when you go for individual national patent application directly at national patent office:
    • translation fees at each national patent office
    • attorney fees at each national patent office
    • streeful and comfusing parallel processing of each member country patent application

A European patent application may be filed by any natural or legal person, or any body equivalent to a legal person, irrespective of nationality and place of residence or business

the details about patent filing are explained in the section “filing patent application”

Official filing fees for filing patent application in Europe is EUR 130

Step 5: Publication of application

When patent application is filed in Europen Patent Office (EPO) it will be accorded a date of filing. the receiving section of EPO then examines whether the filing fee and or serach fee has been paid by applicant.

As soon as the initial formal examination is concluded, the European search is initiated. The EPO normally issues the European search report within five months of the filing of the application. 

The search report serves to provide information on the relevant prior art to the applicant, to the examining division and, by means of its publication, to the public. 

Publication of the European patent application : The European patent application is published as soon as possible after the expiry of eighteen months from the date of filing or the earliest priority date. You may however request that it be published earlier. The publication contains the description, the claims and any drawings, all as filed, plus the abstract. The European search report is published along with patent application or seperately (as per its availability)

check more details about this step at Publication of patent application

Step 6: Examination of Patent Application

When the application is published in EPO Bulletin, you can file request for examination within six months from the date of publication. if you do not file it within deadline the application is deemed to be withdrawn.

The fees for examination of patent application can be paid at the time of filing patent application or along with request for examination.

when you receive the search report you are deemed to have indicated that you wish to proceed further with the application, and the examining division then assumes responsibility for the procedure

Accelerated prosecution of European patent applications (“PACE”)

We can speed up the examination of our patent application filed at EPO with a request for accelerated examination under the programme for accelerated prosecution of European patent applications (“PACE”).

up on reciving request, EPO examines patent application considering:

  • the search report
  • preliminary opinion on patentability (search opinion)
  • your response to EPO

and it is decided if the patent application is meeting all patentability criterias and if invention is patentable. The examiner would send the communcation to you (applicant) regarding the outcome of the examination of patent application, and objections if any. If require by EPO you may ammend the patent application : description, claims and drawings of patent application.

The EPO fees for examination is EUR1750

Check detailed article about Examination of patent application

Step 7: Response to objections

The examiner issues the communications for discussing the application with you (applicant). Such discusison with examiner could happen

  • in writing,
  • on the telephonic discusison or
  • by videoconference (VC)

The majority of patent applicants will receive some type of objections based on the examination report. The objections raised on your patent application would be communicated with you, by official letter from the EPO. You would get the opportunity to make amendments or contest the objections raised within a given time.

If oral proceedings are requested by the applicant or arranged at the EPO’s initiative, they are held before the full examining division by videoconference. The final decision on the grant of the patent or refusal of the application is also a matter for the full examining division. 

If EPO is satisfied with the response to the objections or the amended patent application. Upon finding the patent application in order of grant, The patent is granted to you (inventor) /  applicant as early as possible !!!

for more details on this step check Response to objections or First Examination Report

for more details read our section on Office action- Response to objections

Step 8: Grant of patent / Notice of Allowance

If the examiner determines that your application is in satisfactory condition and meets the requirements of patentability, you will receive a grant patent from EPO. The European patent office grants patent to you (applicant) if it is found to be meeting all patentability requirements !!! or it may be rejected if it happens to be not meeting patentability criteria. When your patent application is to be granted by EPO, the grant procedure has 2 steps

  • EPO should grant the patent and
  • The patent should be validated in countries of your interest.

When the certificate of grant of the patent has been issued, it will be sent on to you. There is also an opposition period of nine months from the date of grant in which third parties may file an opposition to your patent. If this were to happen we would inform you immediately.

Validation of the patent in selected designated countries: Within 3 months of the date of the grant, all necessary action must be taken in selected designated countries in order to give effect to your patent.

for more details read our article on Grant of patent

Patent renewal Fees

You need to pay renewal fees to the EPO in respect of your European patent application. These are due in respect of the third and each subsequent year, calculated from the date of filing. Once the patent is granted, it will be valid for up to 20 years from the date of filing the application. Inventors are required to pay a maintenance fee periodically to maintain the patent in force. 

for details about fees you may check EPO patent fees

Selecting the right patent attorney for your invention

for more information on selecting the right patent attorney in Europe to work with and regarding deciding whether to go for a most expensive attorney or the most economical attorney for patenting your invention check our section on

Prasad Karhad
Latest posts by Prasad Karhad (see all)