European Application
If the applicant wishes to obtain a patent for countries which are member states of the European Patent Organisation (EPO), then it is possible to apply for a European patent. EPO contracting states as to 1st May, 2010 are: Belgium, Bulgaria, Czech Republic, Denmark, Estonia, Finland, France, Iceland, Italy, Ireland, Croatia, Cyprus, Latvia, Lithuania, Luxembourg, Monaco, Netherlands, Norway, Poland, Portugal, Austria, Greece, San Marino, Slovakia, Spain, Sweden, Switzerland and Liechtenstein, Great Britain, Slovenia, Hungary, the Former Republic of Yugoslavia, Macedonia, Romania, Turkey, Malta, Albania (37 states). Non-member states on whose territory there may be effects of a European patent on the basis of a "system extensions" are currently Serbia, Bosnia and Herzegovina, and Montenegro.
European patent application may be filed by any individual or legal entity, regardless of citizenship, registered office or resident. However, applicants who are not domiciled or have no registered office in a contracting state shall be represented in all proceedings before the European Patent Office (EPO), with the exception of the European patent application, by a representative who is registered on the list maintained for this purpose by EPO. The list of representatives, who are authorized to represent applicants before the EPO, can be found in the EPO.
European patent application can be filed:
- at the European Patent Office in Munich or at its Hague branch or in his office in Berlin,
- where the law of a Contracting State permits or prescribes, at the central industrial property office or other competent authority of that Contracting State.
European patent applications shall also be submitted less than one of the official languages of the EPO. However, applicants who are resident or have their registered office in a contracting state whose official language is a language other than one of the official languages of the EPO and citizen of this State who are resident abroad, may file a European patent application in the official language of that State, the translation into one of the official languages of the EPO must be submitted within three months from the filing of a European patent application no later than thirteen months from the date of priority. If the applicant exercises this option, the filing fee is reduced by 20%. All payments and all other proceedings shall be conducted by the European Patent Office.