Different types of patent applications
European Patent Office
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 official languages of the EPO are English, French and German.
National patent application in individual country of Europe:
In this way the patent application is filed directly at national patent office of required countries from Europe. this way make finacial sense only upto 2 to 3 countries from europe, once you wish to file patent in more than 3 countries then going for European patent office ways is much more cost effective.
below are list of member states from European patent office :
BE Belgium, DE Germany, FR France, LU Luxembourg, NL Netherlands, CH Switzerland, GB United Kingdom, SE Sweden, IT Italy, AT Austria, LI Liechtenstein, GR Greece, ES Spain, DK Denmark, MC Monaco, PT Portugal, IE Ireland, FI Finland, CY Cyprus, TR Türkiye, BG Bulgaria, CZ Czech, EE Estonia, SK Slovakia, SI Slovenia, HU Hungary, RO Romania, PL Poland, IS Iceland, LT Lithuania, LV Latvia, MT Malta, HR Croatia, NO Norway, MK North Macedonia, SM San Marino, AL Albania, RS Serbia, ME Montenegro.
Convention Application
When an applicant files the application for a patent, claiming a priority date based on a similar application filed in convention countries, it is called a convention application. You can file the application in the countries of interest within twelve months from the date of the first filing of a similar application in the convention country.
Patent Cooperation Treaty (PCT) – International Application
Patent Cooperation Treaty (PCT) is an international agreement for filing patent applications having an effect in up to 157 countries.
“PCT is administered by World Intellectual Property Organization WIPO, and it’s primary objective is to provide a system where you need to make only one patent application which would be searched by at least one International search authority and examined by at least one selected International Preliminary Examination Authority IPEA”
It is important to remember that pct does not provide the grant of patent it only facilitates a single application which would be taken from searching to examination stage centrally and which would be applicable for all the signatory countries in pct. Currently, the number of countries associated with PCT are 157.
The application is to be filed in the English language within 12 months from the date of filing in Europe.
PCT-National Phase Application
This is an application filed in Europen countries as per preference, claiming the priority of international filing date is called PCT National Phase application. First, the international application is made as per (PCT) and then the first application, can enter the national phase in prefered country within 30 months from the international filing date or priority date (whichever is earlier).
Divisional Application
if the patent application filed at EPO contains more than one invention then a divisional application is filed, which is discloses and claims the distinct invention which was part of the parent patent application.
When your invention does not satisy the requirement of unity of invention and you wish to obtain patent for all the inventions from your patent application, then a divisional patent application is filed at europen patent office.
Continuation Application
The only continuing patent application option offered by the EPO is filing one or more Divisional Applications as provided by under Article 76 EPC. such devisional patent application can only be filed when subject matter of patent application does not extend beyond contents of earlier patent application.
- Indian Patent Office, Govt. of India
- Patent Facilitator for Start-ups, Startup India Govt. of India
- Bachelor’s degree in Electronics and Telecommunication engineering.
- Author of multiple books on Patents and IPR including a best-selling book on “How to patent an idea in India” which has been selected as the “Memorable Business Book of 2018” by Amazon
- Books are included in the syllabus of Educational Institutions as textbook and reference book on subject of IPR and Patents
- For over 15 years, Prasad has helped protect the intellectual property rights (IPR) of more than 1800 clients, including individuals, entrepreneurs, and educational institutes. This includes patents, trademarks, designs, and copyrights.