Step 4: Filing patent application

Step 4: Filing 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:

countries in eropean 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 the 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.

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.

Filing patent application Responsibilities
Inventorreviewing patent application and signing formalities (power of attorney)
Patent agent or attorneyhow patent attorney draft patent applicationpreparing patent application for filing. recommending best filing route and options for international patent application (if required).
Patent officereceive patent application and provide the receipt along with date and time of filing the patent application.

Attorney fees for filing a patent application in Europe: Generally, there is no professional fees charged for patent filing patent application (provided fees are paid for patentability search and patent drafting )

Official fees for filing a patent application in Europe: There are many things needed to consider before giving an exact fee amount, as it depends on the number of sheets in the patent specification, the number of claims, etc. but below are approximate costing for this stage.

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

CodeDescriptionfees in EUR
001 Filing fee – EP direct – online 130
002 Fee for a European search 1390
003 Fee for an international search 1775
005 Designation fee For all contracting States designated 630
006 Examination fee1750
007 Fee for grant and printing including fee for publication 990

The outcome of this step that is filing patent application is : 

  • You receive a receipt for filing patent application EPO with the invention title, your name along with time and date of filing.
  • Now, your patent application has secured a priority date for your invention, which makes you less worried about the confidentiality and safety of your invention.
  • The patent application will be taken to subsequent steps requests and fees submitted as per standards.

Next article Step 5: Publication of patent application 

Prasad Karhad
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