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The European Patent Law Practice is a specialized field of intellectual property law that focuses on securing and enforcing patent rights across Europe under the framework of the European Patent Convention (EPC). This practice provides comprehensive legal services for the entire lifecycle of a European patent. It begins with advising inventors and companies on patentability and drafting a technically robust patent application. Practitioners then manage the prosecution of this single application before the European Patent Office (EPO). Following the grant of a patent by the EPO, the practice covers the validation of the patent in individual member countries to make it nationally effective. It also includes handling complex post-grant opposition proceedings at the EPO and advising on the litigation and enforcement of European patents within the national courts of member states.
A European Patent is a single patent granted by the European Patent Office (EPO) through a centralized examination process. However, it is not a single unitary right covering the whole of Europe. Instead, once granted, it functions as a “bundle” of individual national patents. To become effective, the owner of the granted European Patent must validate it in each of the specific member countries of the European Patent Convention where they wish to have protection, at which point it is treated as a national patent in that country.
The European Patent Office (EPO) is an intergovernmental organization that provides a centralized, single patent granting procedure for inventors and companies seeking patent protection in up to 44 European countries. It is the executive arm of the European Patent Organisation, established under the European Patent Convention. The EPO’s primary function is to examine European patent applications and grant European patents according to a uniform set of legal and procedural rules, streamlining the process for applicants.
The main advantage of a European Patent application is efficiency. It allows an applicant to seek patent protection in a large number of European countries by filing a single application in one language and prosecuting it through one standardized examination procedure at the European Patent Office. This centralized approach is significantly more straightforward and cost-effective than filing and managing numerous separate national patent applications in different languages and according to different national laws and procedures.
The general process begins with the filing of a single patent application with the European Patent Office (EPO). The EPO then conducts a formal examination and a comprehensive search of prior art to assess the invention’s patentability. Following the search, the application undergoes a substantive examination to ensure it meets all requirements of the European Patent Convention, such as novelty and inventive step. If the examiner is satisfied, the patent is granted, after which it must be validated in the individual desired member countries.
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