Legal Definitions - Convention on the Grant of European Patent

The Convention on the Grant of European Patent, often referred to as the European Patent Convention (EPC), is an international treaty signed in Munich in 1973. Its primary purpose is to establish a unified legal system for the granting of patents in Europe. This convention allows inventors and companies to file a single patent application with the European Patent Office (EPO) and, if successful, obtain patent protection in multiple designated European countries that are signatories to the EPC, rather than having to file separate national applications in each country.

Here are some examples illustrating the application of the European Patent Convention:

• Example 1: Streamlining Innovation Protection for a Tech Startup

  A German technology startup develops a groundbreaking new algorithm for artificial intelligence. To protect their innovation across key European markets like France, Italy, and the Netherlands, they could file a single European patent application with the European Patent Office under the EPC. If the patent is granted, they can then validate it in each of their desired member states, effectively securing patent rights in multiple countries through one centralized process. This demonstrates how the EPC simplifies the process of obtaining broad patent protection across Europe, avoiding the need for separate applications in each national patent office.

• Example 2: International Inventor Seeking European Market Access

  An inventor based in the United States creates a novel medical device and wishes to market it throughout the European Union and other European countries. Instead of navigating the individual patent systems of 20 or more European nations, the inventor can utilize the EPC. By filing a European patent application, they can pursue protection for their device in all desired EPC member states through a single application and examination procedure at the EPO. This illustrates the EPC's role in providing a streamlined pathway for non-European entities to secure patent rights across a significant portion of the European continent.

• Example 3: Challenging a Patent's Validity

  A large pharmaceutical company discovers that a competitor has been granted a European patent for a drug compound that the pharmaceutical company believes was already publicly known prior to the competitor's patent application. The pharmaceutical company can initiate an opposition procedure before the European Patent Office, as provided for by the EPC. This allows third parties to challenge the validity of a granted European patent within a specific timeframe, ensuring that patents are only granted for truly novel and inventive creations. This example highlights the procedural framework established by the EPC for both granting and challenging European patents.