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One EPO examination, many states

Patent Filing in Europe (EPO) from India

European Patent Office · European Patent Convention · Unitary Patent since 1 June 2023

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Registered Patent Agent
Last updated
  • Claims shaped for the EPO. Problem-solution approach and strict support rules considered before filing.
  • Validation strategy. Unitary Patent, national validations or both, compared on cost and enforcement.
  • European attorney coordinated. We brief a European patent attorney and track every EPO deadline.

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Send your priority date and European markets. Written advice on the EPO route within one working day.

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EPAt a glance
European patent filing
Office
European Patent Office
Covers
Up to 39 EPC states
PCT regional phase
31 months
After grant
Validation or Unitary Patent
Opposition
9 months from grant

How does an Indian applicant get a patent in Europe?

Through the European Patent Office in most cases. The EPO is not an EU body: it serves the 39 states of the European Patent Convention, which include all EU members as well as the UK, Switzerland, Norway and Turkey.

There are two ways in:

  • A direct European application filed within 12 months of the Indian priority date, claiming it. Examination starts sooner, which helps when Europe is a key market.
  • Euro-PCT. A PCT application entering the European regional phase by 31 months from priority. If the EPO acted as International Searching Authority, there is usually no further European search, which saves time and fees.

From search to grant

The EPO issues an extended European search report with a written opinion. You then have six months from the publication of the search report to request examination and respond. Examination follows the EPO’s problem-solution approach to inventive step, and amendments must have a basis in the application as filed, so the original text matters more in Europe than almost anywhere else. Renewal fees are payable to the EPO from the third year while the application is pending.

After grant: validation or Unitary Patent

Once granted, a European patent becomes a bundle of national rights. Since 1 June 2023 you can also request unitary effect within one month of grant, giving one patent with uniform effect in the EU states taking part in the Unitary Patent system, enforced before the Unified Patent Court. Non-participating states, such as Spain, Poland, the UK and Switzerland, still need national validation, sometimes with translations.

For third parties, a European patent can be opposed at the EPO within nine months of grant, centrally for all states. Opposition is a real risk in crowded fields, and a strong original specification is the strongest defence.

What are the EPO deadlines from an Indian priority date?

What are the EPO deadlines from an Indian priority date?
StageTimingNotes
Indian priority filing
Direct European filing
Publication
Euro-PCT regional phase
Request for examination
Grant
Unitary effect request
Opposition window

What do you need for a European patent application?

At filing or regional phase entry

During prosecution and after grant

Questions about European patents from India

Is a European patent the same as an EU patent?
Does a European patent cover the UK after Brexit?
Can I file directly at the EPO from India?
Why does the EPO object to amendments so strictly?
Are software inventions patentable at the EPO?
How much does a European patent cost?

Official sources

  1. 1.EPO: European patents
  2. 2.EPO: Unitary Patent
  3. 3.EPO: Fees
  4. 4.WIPO: PCT national phase time limits
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