Patent registration in the European Union

The situation of patent data in the European Union (EU) shows stable growth and remarkable points in recent years. In 2023, the European Patent Office (EPO) received more than 199,000 patent applications, an increase of 2.9% from the previous year and reached a record high. Countries with the largest number of applications include the US, Germany, Japan, and China. Digital technology fields such as digital health technology, climate and clean energy technology, computer and information technology, and transportation are leading the way in terms of the number of patent applications. The fields of pharmaceutical technology and biotechnology also saw significant growth. The number of applications from small and medium-sized enterprises (SMEs) reached an all-time high, showing the dynamism and creativity of these businesses. The increase in the number of applications from non-EU countries, especially China, shows the attractiveness of the European technology market. The development of green and sustainable technologies is being strongly promoted by EU policies and targets on climate change and renewable energy. Viet An Law would like to guide customers on patent registration in the European Union through the article below.

National Patent Registration

National patent registration is one of the ways to protect an invention in a specific country. When registering a national patent, the applicant will be granted a patent for the invention in that country, which allows the applicant to prevent others from producing, using, selling, or importing a protected product or process without the consent of the applicant.

Advantages of National Patent Registration

• Flexibility: Applicants can choose to register their patents in specific countries that they are interested in, depending on their business strategy.
• Independent Control: The applicant has full control over the use and exploitation of the invention in the country of registration.
• Separate laws: Each country has its own intellectual property legal system, which can give the applicant an advantage in protecting his invention.

Disadvantages of national patent registration

• High cost: Compared to registering a patent under international routes such as PCT or Europe, the cost of registering a national patent in many countries can be higher.
• Complicated procedures: Each country has its own registration process and requirements, and applicants need to learn and comply with each country’s regulations.
• Limited scope of protection: Patents are only protected in the country where they are registered, not valid in other countries.

National Patent Registration Dossier

Patent application: The application must include information about the applicant (name, address, nationality), patent name, classification of the invention according to the international classification system, date of filing and other information as required by law.

Patent Description:

• A detailed description of the invention, including the technical problems that the invention solves, how it works, its structure, its operating principles, and its advantages over previous technical solutions.
• The description must be sufficiently detailed for a person with an average level of expertise in the relevant technical field to be able to carry out the invention.

Petition for protection:

• A claim for protection defines the scope of protection of the invention, including the specification that the applicant seeks to protect.
• The claim for protection must be drafted clearly, accurately and not contradict the description of the invention.

Technical drawings (if any):

• Technical drawings illustrate the invention, helping readers better understand the structure and how the invention works.
• Technical drawings must be made in accordance with technical rules and standards.

Patent Summary:

• A brief summary of the invention, highlighting the main characteristics and benefits of the invention.
• Patent abstracts are often used for publication in publications or patent databases.

Other documents (if any):

• Power of attorney (if the applicant does not apply in person).
• Documents proving the right of way (if any).
• Other documents as required by the intellectual property law of that country.

Note:

• Patent registration dossiers must be filed in the official language of that country.
• Documents in foreign languages must be translated into official languages.

European patent registration

European patent registration is one of the most popular and effective ways to protect patents across all member states of the European Union (EU). European patents are granted by the European Patent Office (EPO), an intergovernmental organization independent of the EU.

Advantages of European Patent Registration

• EU-wide protection: A single European patent is valid in all EU member states that the applicant has specified during the registration process. This saves the applicant the cost and time compared to registering the patent in each individual country.
• Centralized procedure: The patent registration and examination process is carried out centrally at the EPO, helping to ensure consistency and high quality.
• English, French, or German: Applicants can apply in one of the three official languages of the EPO: English, French, or German.

Disadvantages of European Patent Registration

• Higher costs: The cost of registering and maintaining European patents is usually higher than registering national patents.
• Complex process: The European patent registration and examination process can be more complex than national registration, requiring an understanding of EPO regulations and procedures.
• Not valid in non-EU countries: European patents are only valid in EU member states, not patent protection in other countries.

European Patent Registration Dossier

Request for grant:

• Information about the applicant (name, address, nationality).
• If the applicant is a legal entity, it is necessary to provide additional information about the company name and head office address.
• If there is a representative, it is necessary to provide information about the representative (name, address, phone number, email).
• A list of EU member states for which you want to protect your invention.
• Declaration of priority (if applicable).
• Declaration of filing of the division application or continuation application (if applicable).

Patent Description:

• The title of the invention (must be concise, accurate and reflect the content of the invention).
• The technical field of the invention.
• Clearly and fully present the technical problems that the invention solves.
• A detailed description of the prior art related to the invention.
• Explain in detail how the invention works, structure, and principle of operation.
• Clearly state the advantages and benefits of the invention compared to previous technical solutions.
• Specific examples of how to implement an invention (if necessary).
• Order of steps to implement the invention (if any).

Claims:

• This is the most important part of the patent registration dossier, determining the scope of protection of the invention.
• Each claim must state a specification that you wish to be protected.
• The claims for protection must be drafted clearly, accurately, concisely and not contradict the description of the invention.

Technical Drawings:

• Technical drawings illustrate the invention, helping readers better understand the structure and how the invention works.
• Drawings must be made in accordance with EPO technical rules and standards.

Patent Abstract (Abstract):

• A brief summary of the invention, highlighting the main characteristics and benefits of the invention.
• The patent brief is not used to explain the protection claims.

Other documents (if any):

• Power of attorney (if the applicant does not apply in person).
• Documents proving the right of way (if any).
• Receipt of payment of registration fee.

Method of filing a European patent application

To file an application for patent registration in the European Union, you can file by the following filing methods:

• Direct submission: Customers can come directly to the EQUIPO Office to submit the application and related documents.
• You can file an application for patent protection via the link below:

https://www.epo.org/en/applying/myepo-services/file-with-us

Comparison of two methods of patent protection in the European Union

Patent registration services in the European Union of Viet An Law Firm

• Perform the search and notify customers in writing of the results of the patent search in the European Union;
• Drafting dossiers and directly filing and monitoring the status of patent application filings in the European Union on behalf of the patent owner;
• Notifying, advising and handling deficiencies/refusals of competent State agencies (if any) in the process of monitoring patent applications in the European Union;
• Assist in monitoring and representing the resolution of objections and feedback to the intellectual property representative carrying out procedures in the European Union.
• Receive official dispatches, certificates and hand over to customers (if any).

If you wish to file an application for patent registration in the European Union, please contact Viet An Law for the most effective support.