What is the procedure of European patent application?

The following answers are provided by Ding Gua.

The basic process is as follows

1. application

Applicants can apply to the European Patent Office in one of the three official languages: English, French and German.

2. Search of the European Patent Office

The European Patent Office usually searches the existing technical documents related to the patentability of the application and informs the applicant of the search results.

3. Publish the patent application

The European patent application is 18 months from the filing date (priority date if there is priority). Two years after filing the European patent application, the renewal fee shall be paid to the European Patent Office every year until it is authorized.

4. Make a request for substantive examination and conduct substantive examination.

The applicant shall submit a request for substantive examination at the same time as the application or within 6 months from the date of publication of the retrieval report of the European Patent Office. At the same time as the substantive examination request is made, it is necessary to designate a specific member state from the European member States and pay the examination fee and designation fee.

5. European patent authorization

After the examination and approval, the European Patent Office will issue a notice of authorization. The applicant chooses to agree to the authorized text and allow this application to enter the authorization procedure, or modify the text or claim according to his own wishes, and pay the authorization fee and submit the translation of the claim in the other two languages.

6. Valid in European Member States

Within three months after authorization, the applicant needs to choose the country that wants to take effect among the countries that have paid the specified fee. Some countries need to translate all the contents of European patents into their own languages and submit them to the effective country, so that European patents can take effect in that country.

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