European patent

European patent

The European patent allows you to be able to apply for and obtain, in a single procedure, protection in several states of Europe. The application can be filed immediately or within one year from the filing in Italy of a national patent and allows you to choose the states that are of interest and in which the same will take effect.

The European Patent Office proceeds to carry out a novelty investigation and subsequently an examination of the application to assess its feasibility. In the event that it is rejected, it is always possible to appeal, while if it is accepted it will be necessary to file a translation in each state indicated in the application and to pay from that moment on the annual national taxes for the maintenance of the property. To obtain a European patent, an application written in English, French or German must be filed with the competent Office, knowing that the chosen language will remain the same throughout its duration.

The procedure includes a first phase which includes the filing of the application, the examination of the formal conditions, the search for news and the publication, after 18 months from the filing, of the application and of the research report. This is followed by the actual examination phase which begins at the request of the inventor who must also pay the relative examination fee without which the application is considered abandoned.

At the time of the examination, the document can be accepted or rejected and it is possible to oppose the Office's decision by preparing a specific appeal. The European patent can represent an autonomous application or be included in an INTERNATIONAL PATENT. In this second case we speak of Euro-PCT.


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