Legal Definitions - European Patent Convention

European Patent Convention (EPC)

The European Patent Convention (EPC) is an international treaty established in 1973 that streamlines the process for inventors and companies to obtain patent protection across numerous European countries. Instead of filing separate patent applications in each individual country, the EPC allows an applicant to submit a single application to the European Patent Office (EPO). If this application is successful, it can result in a "European patent" which, once validated in the specific member states chosen by the applicant, provides the same legal protection as a national patent in those countries. This unified approach significantly reduces the administrative burden and costs associated with seeking widespread patent protection in Europe.

• Example 1: A German Tech Startup

  A small technology startup based in Munich, Germany, develops a groundbreaking new artificial intelligence algorithm. They want to secure patent protection for their invention in Germany, France, Italy, and the United Kingdom, as these are their primary target markets. Rather than navigating the distinct patent application processes of each of these four nations, the startup can file a single application under the European Patent Convention with the European Patent Office. If their application is granted, they can then validate the resulting European patent in their chosen countries, effectively securing protection in all four with one streamlined procedure.

• Example 2: A Global Pharmaceutical Company

  A large pharmaceutical corporation headquartered in the United States invents a new life-saving drug. To maximize their market exclusivity and protect their significant research and development investment, they aim to secure patent protection across the entire European continent, encompassing over 30 countries. Filing individual patent applications in each of these nations would be an incredibly complex, time-consuming, and expensive undertaking. By utilizing the European Patent Convention, the company can submit a single application to the EPO. A successful application allows them to obtain a European patent that can then be validated across all desired EPC member states, providing comprehensive and efficient protection throughout their key European markets.

• Example 3: An Independent Inventor from Spain

  An independent inventor living in Valencia, Spain, designs an innovative new ergonomic tool for gardeners. Believing there's a market for their invention beyond Spain, they also want to protect it in Portugal and the Netherlands. Instead of managing three separate national patent applications, which might involve different languages, fees, and procedural rules, the inventor can use the European Patent Convention. They file one application with the EPO, and if it's approved, they can then validate their European patent in Spain, Portugal, and the Netherlands. This approach simplifies the process, making it more accessible and manageable for an individual inventor seeking protection in a few specific European territories.