Patent protection in Europe: European patent application at a fixed price by a Patent Attorney
If you need patent protection in Europe for your technical invention – e.g. a European patent (“EP patent”) or in the future a European patent with unitary effect (“EU patent”, “unitary patent”) – our Patent Lawyer (German Patent Attorney / European Patent Attorney) will be pleased to help you! Without objections of the European Patent Office (EPO / EPA) in Munich, you will receive a patent application in Europe with our support already starting from an inexpensive attorney fee (fixed price) of 1,900 € (plus official fees of the European Patent Office – EPO / EPA). This includes, among other things, the costs for the consultation in patent law as well as the preparation and filing of the European patent application (online) at the European Patent Office. Contact our Patent Attorney and IP Law Firm right away or find out more about our range of services for patent applications in Europe here.
In our Patent Law Firm and IP Law Office, our “European Patent Attorney” (European Patent, Trademark and Design Attorney) with more than ten years of experience in patent law will prepare and supervise your application.
We also assist in further applications of a technical invention (e.g. in further countries or regions):
The patent protection in Europe can e.g. include the following types of patents:
- Product patent: Registered patents give protection for technical inventions and improvements of products (objects or devices, e.g. everyday inventions as well as machines or parts thereof)
- Process patent: Protection of processes for the production or manufacture of an object or methods of manufacture
Our service offers for the application of your patent in Europe:
Preliminary search for prior art by us (can also be ordered separately before an IP application): Depending on the package or your individual budget specification, we conduct a search for prior art that could be opposed to your application. Since the search is carried out before the IP application is drafted, it is possible – if relevant prior art is found – to give up the drafting of an application and thus save costs.
Not for: Inventions in the field of biology and/or chemistry.
The higher the budget for the research, the more extensive it can be carried out, so that the probability that relevant prior art isn’t discovered is reduced. Unfortunately, however, this cannot be completely ruled out.
Attention: In the end, a research always provides only a more or less rough overview of the existing state of the art and does not claim to be complete. This is based on various factors. For example, patent applications are not published until 18 months after the filing date, i.e. relatively newly filed inventions cannot be found – even with a very comprehensive search.
“Express processing” of the application by patent attorney: For an additional fee of 25 % on the offer for the application (but at least 500 €) your application will be processed by us with priority. After the order has been placed and payment has been made and if the requirements and all information (or drawing(s)) are met, you will receive the draft for the application within two weeks. In the case of particularly urgent applications (e.g. before trade fairs), even a faster processing is also possible – if necessary through the payment of an additional surcharge.
Preparation of professional drawings: For 100 € per drawing we prepare drawings in accordance with the formal requirements.
Acceleration request (PACE request): If you are interested in an accelerated processing of the search by the European Patent Office, there is the possibility to file a so-called PACE request. We can offer you this service for 100 €.
Examination request: In order to obtain a patent, the examination procedure must be successfully completed. Within 6 months after the publication of the European search report, the examination fees (currently 1,840€ official fees and 260 € our fee) and the designation fees (currently 660 € official fees and 190 € our fee) have to be paid. However, payment can also be made at the time of filing the application.
We will forward you the examination communication together with the state of the art documents found by the European Patent Office in digital form as well as our offer for a reply to the examination communication. An analysis of the examination report and the state of the art documents is not included in the price.
► Acceleration request (PACE request): If you are interested in an accelerated processing of the examination by the European Patent Office, there is the possibility to file a so-called PACE request. We can offer you this service for 100 €.
Examination of the disclosure document: A patent application is published after 18 months. For a flat fee of 100 € we are happy to check whether the disclosure document is in accordance with the documents filed.
Parallel utility model application in Germany: For an additional 350 € (plus 30 € official fees) we file a parallel utility model application adjusted to formal requirements with identical content in Germany (without claims for proceedings).
Parallel utility model application in Austria: For an additional 1,595 € (including official fees) we get you in contact with our Austrian colleagues, so that they can file a parallel utility model application with the same content in Austria adjusted to formal requirements. If there are more than 10 claims, additional official fees will be charged. In contrast to a German utility model, a certain examination of the claims takes place in Austria. If there is an objection, it has to be answered. The response to official communications is calculated according to the time and effort involved, and we will provide you with an appropriate offer in advance. The official fees include a search, which is obligatory in Austria, as well as the publication fees. It is generally possible to amend the claims in the registration procedure, namely within two months after receipt of the search result. If amendments have to be made, this will be calculated according to the time and effort involved and we’ll provide you our respective offer.
The official fees include a search, which is mandatory in Austria, and publication fees. An amendment of the claims in the registration procedure is usually possible within two months after receipt of the search result. If amendments are to be made, the fee is calculated according to the time spent.
► Request for acceleration: If the processing of the utility model application in Austria is to be accelerated, a corresponding request can be filed for 200 €.
Frequently asked questions in connection with patent protection in Europe:
According to Article 52 of the Convention on the Grant of European Patents (European Patent Convention – EPC), European patents are granted for inventions in all fields of technology, provided they are new, involve an inventive step and are susceptible of industrial application. A patentable invention can concern products as well as processes.
A patentable invention must be new, must involve an inventive step and must be susceptible of industrial application. In this context, the invention is considered “new” if it does not belong to the prior art, which includes anything that has been made available to the public by written or oral description, by use or in any other way before the filing date of the European patent application. The invention is considered to involve an “inventive step” if it is not obvious to a person skilled in the art from the prior art. Finally, there is “industrial applicability” if the subject matter of the invention can be made or used in any industrial field, including agriculture.
In particular, discoveries, scientific theories and mathematical methods or aesthetic creations of form are not considered inventions in the sense of a European patent. Furthermore, European patents are not granted for inventions whose commercial exploitation would be contrary to public policy or morality, plant varieties or animal breeds, and essential biological processes for breeding plants or animals. This does not apply to microbiological processes and the products obtained with the aid of these processes. In this case, patent protection via an EP patent is therefore excluded.
After the patent has been granted, an EP patent splits down into individual national patents. In order for a patent to become valid in the respective countries (so-called validation), certain requirements must be met. Subsequently, in each contracting state for which it has been validated, the European patent has the same effect and is subject to the same regulations as a national patent granted in that state.
The grant of a European patent can be requested for one or more contracting states. The currently 38 contracting states are Albania, Austria, Belgium, Bulgaria, Switzerland, Cyprus, Czech Republic, Germany, Denmark, Estonia, Spain, Finland, France, Great Britain, Greece, Croatia, Hungary, Ireland, Iceland, Italy, Liechtenstein, Lithuania, Latvia, Luxembourg, Monaco, Northern Macedonia, Malta, the Netherlands, Norway, Poland, Portugal, Romania, Serbia, Sweden, Slovakia, Slovenia, San Marino and Turkey.
Furthermore, protection in the countries of Bosnia-Herzegovina and Montenegro, as well as Morocco, the Republic of Moldova, Tunisia and Cambodia can be obtained via an EP patent under certain conditions.
The costs of an EP patent application in Europe depend on the scope of services requested. These consist of the official fees of the European Patent Office (EPO) (e.g. official fee for the application of a patent in Europe, official fees for the obligatory search and, if applicable, costs for the examination and designation fees) as well as our fee if we are allowed to assist you.
An up-to-date overview of the official fees for a European patent application can also be found directly here on the website of the European Patent Office.
The scope of protection of a European patent (e.g. the claims) can only be limited after the patent application or even the granting, but not extended. Here, one is limited to the scope of the originally filed application documents.
After filing a European patent application, a patent examiner at the EPO usually conducts an extensive search for possible conflicting prior art. The main focus is on whether the invention meets the criteria of “novelty” and “inventive step”.
Even if a European patent has been granted, it unfortunately does not mean that the product based on it does not infringe any third-party IP rights such as patents or utility models.
Procedure of a patent application in Europe (with our assistance):
➔ Order & payment ➔ Draft (optionally: prior search if necessary) ➔ Filing of the application and forwarding of the official fees after your approval
➔ Prior art search by European Patent Office (EPO)
➔ Within 6 months after publication of the European search report: payment of examination and designation fees and response to search report
- ➔ if novelty and inventive step compared to prior art are given (and formal requirements are met) ➔ payment of grant fee and filing of claims in English and French ➔ grant of patent and issuance of certificate ➔ validation in desired countries (partly requiring translations) or, if applicable, in future European patent with unitary effect (“EU patent”, “unitary patent”)
- ➔ if novelty and inventive step compared to prior art are not considered to be given: Issue of an examination communication with a deadline by the EPO in order to remedy objections by means of comments and, if necessary, amended claims ➔ if successful, then grant of the patent, if not, further examination communication or oral proceedings (in the case of a rejection decision, there is the possibility of taking legal action against it)
After the EP patent has been granted, you may advertise the protected invention under certain conditions, e.g. with a notice such as “patent protection in Europe”, “patent protected”, “EP patent” or similar, as long as the patent is in force.
A patent at the European Patent Office can be renewed – upon payment of the renewal fees – up to the maximum protection period of 20 years.
Unlike a trademark, a European patent does not have to be used. Therefore, non-use is no reason for revocation of the EP patent. An obligation to use as well as a grace period does not exist for European patents either.