European patent applications consist of a request for grant, a description of the invention, one or more claims, any drawings referred to in the description or the claims, and an abstract. The request for grant must be filed on the official EPO Request for Grant form ( EPA/EPO/OEB Form 1001 ), which is obtainable free of charge, accompanied by explanatory notes, from the EPO, from its website www.epo.org as well as from and the patent offices of the contracting states. The description must describe the invention clearly and completely enough for a person skilled in the art to be able to carry it out. The claims must define the subject-matter for which patent protection is sought in terms of its technical features. They must be clear and concise and be supported by the description. The application may also contain drawings. The abstract is purely for technical information. Please see ‘Guide for applicants – How to get a European patent’ Part 1, C I and II .

European patent applications can be filed in any language however, a translation of the application must be filed in either English, French or German – the three official languages of the EPO within two months of filing the application. The official language in which you file the application (or its translation) is made the language of the proceedings. If you (or one of your co-applicants) have your residence or principal place of business in a contracting state which has a language other than English, French or German as an official language, or if you (or one of your co-applicants) are a national of that state but are resident abroad, and you file a European patent application and request examination in one of the state’s official languages, you will be entitled to a 20% reduction in the filing fee and examination fee. Please see ‘Guide for applicants – How to get a European patent’, Part 1, C I .

Following filing the authority issues a filing receipt which includes a European patent application number. Within 1 month of filing, the filing fee, an additional fee for a European patent application comprising more than 35 pages (not counting the request for grant form or pages forming part of a sequence listing), a search fee and if applicable claim(s) fees, must be paid. For further information please see ‘‘Guide for applicants – How to get a European patent’ Part 1, C III  

Applicants having their residence or principal place of business in a contracting state, may act on their own behalf in proceedings before the EPO. Applicants not having their residence or principal place of business in a contracting state must appoint a representative for the subsequent procedure. Payment of fees can be undertaken by anyone. For further information please see ‘Guide for applicants – How to get a European patent’ Part 1, C I’ .

The first step of the European patent grant procedure is the examination on filing by the Receiving Section, to check whether the necessary information and documentation have been provided to allow the application to be accorded a date of filing. The following are required: an indication that a European patent is sought, information identifying the applicant, a description or a reference to a previously filed application, It is not necessary to file any claims in order to obtain a date of filing. You may file claims within two months from the date of filing or from an invitation requesting you to do so. However, you should take carenot to extend the scope of subject-matter in the application if the claims are filed later. For further information please see ‘Guide for applicants – How to get a European patent’ Part 1, D II .

This is followed by a “formalities” examination, relating to certain formal aspects of the application, such as compliance with the provisions governing translations, the content of the Request for Grant, the presence of claims, the filing of the abstract, representation, formal requirements, any priority claimed, designation of the inventor and the filing of any drawings. For further information please see‘Guide for applicants – How to get a European patent’ Part 1, D II .

 While the formalities examination is in progress, the European search is performed. The search report is drawn up on the basis of the claims, with due regard to the description and any drawings. It mentions the documents available to the EPO when it is drawn up which may be taken into consideration in assessing novelty and inventive step. The search report is accompanied by a preliminary opinion on whether the application and the invention to which it relates meet the requirements of the EPC. In the case of  a preliminary opinion, which raises deficiencies in the European patent application, the applicant must reply to the opinion within the period for filing an examination request and react to any objections raised (see Step 7 for information on the examination stage). For further information please see ‘Guide for applicants – How to get a European patent’ Part 1, D II .

 Applicants have six months from the date of publication of the search report to decide whether or not to pursue their application by requesting substantive examination. The request which must be submitted in writing, is one of the elements of the Request for Grant form but is not deemed filed until the examination fee is paid. Alternatively, an applicant who has requested examination already will be invited to confirm whether he wishes to proceed further with the application. The 6 month time limit applies respectively for payment of the  designation fee and extension fees. For further information please see‘Guide for applicants – How to get a European patent’ Part 1, D IV .

From the date of publication, a European patent application confers provisional protection, in the states designated in the application as published, against use of the invention by third parties, provided that a translation of the claims is filed with  the relevant national patent office. For further information please see   National Law relating to the EPC

After the request for examination has been made, the EPO examines, in the light of the search report and the applicants reply to the preliminary opinion on patentability, whether the European patent application and the invention to which it relates meet the requirements of the EPC.

An examining division consists of three examiners, one of whom is entrusted with the application up to the point at which a decision to grant a patent or to refuse the application can be made. The examining division informs you about any objections and about the time limit within which you have to respond.

The final decision on the application is taken by the examining division as a whole. If the application meets all the requirements of the European Patent Convention, the examining division informs the applicant of the text in which it intends to grant the European patent, and invites the applicant to pay the fee for grant, including the fee for publication of the European patent specification and any claims fee for claims in excess of fifteen which have not yet been paid, as well as to file a translation of the claims into the other two official languages of the EPO other than the language of the proceedings within a non-extendable period of four months.

After the grant, a patent specification and the mention to grant are published. The applicant may on request receive a certificate for the European patent, with the specification annexed. For further information please see ‘Guide for applicants – How to get a European patent’ Part 1, D IV .

The granted European patent is a “bundle” of national patents. In most contracting states, for the patent to take effect and be enforceable against infringers, it must be validated, ie, if necessary, a translation of the specification into an official language of that state has to be filed with the national patent office: fees may also be payable.These matters are governed by national law. More information is obtainable in the brochure National Law relating to EPC.

Forms for filing

Entry into the European phase (PCT application designating EP as designated or elected office)

As a rule the applicant must take at least the following steps within 31 months of the earliest priority date in order to initiate the European phase (Guide for Applicants Part 2 Euro-PCT, Part E indicates the minimum requirements):

– supply a translation of the international application into one of the EPO’ s official languages (French, German, English) if it was not published in one of these,

– pay the national basic fee, an additional fee for an application comprising more than 35 pages (not comprising the request for grant form or pages forming part of a sequence listing), the search fee if a supplementary European search report is required, the claims fee payable for the sixteenth and each subsequent claim, the designation fee, the extension fee(s) and where appropriate, pay the renewal fee for the third year, file the request for examination and pay the examination fee.

If the requirements for entry into the European phase are not fulfilled within 31 months i.e. if the request for examination is not filed or, where applicable, the examination fee not paid in due time, or no designation fee is paid in due time, the application is deemed to be withdrawn. The applicant is informed of this by means of a communication under Rule 160 (3) European Patent Convention (EPC). The applicant may however validly enter the European phase if, he requests further processing within two months of notification of the above communication, the omitted act is performed and the fee for further processing is paid. If the time limit for further processing is missed, the re-establishment of rights into further processing is possible. For further information please see‘Guide for applicants – How to get a European patent’ Part 2 Euro-PCT, E’

For entry into the European phase, applicants are strongly recommended to use EPA/EPO/OEB Form 1200 (free of charge). Applicants are advised to read the accompanying explanatory notes carefully before completing the form.

 After the European patent has been granted, it may be opposed by third parties – who will usually be the applicant’s competitors – if they believe that it should not have been granted (for example, because the invention lacks novelty or does not involve an inventive step). Notice of opposition must be filed within nine months of publication of the mention of grant in the European Patent Bulletin.The examination of oppositions is handled by the EPO opposition divisions, which are also made up of three examiners. For further information please see‘Guide for applicants – How to get a European patent’ Part 1, D V.

Appeals may be filed against decisions of the Receiving Section, the examining divisions, the opposition divisions and the Legal Division. Notice of appeal must be filed in a prescribed time limit in written form and is subject to the payment of a fee. Decisions on appeals are taken by the EPO’s independent boards of appeal. Any party to appeal proceedings adversely affected by the decision of he board of appeal can under certain circumstances and based on certain grounds file a petition for review of the decision by the Enlarged Boards of Appeal. For further information please see  ‘Guide for applicants – How to get a European patent’ Part 1, D VII .