The document summarizes the process for obtaining a patent through the European Patent Office (EPO). The EPO is a single office located in Munich that serves 38 European countries. To file for a European patent, an applicant can file directly with no deadline, use the Paris Convention with a 12 month deadline, or file through the Patent Cooperation Treaty (PCT) with a 31 month deadline. The filing must include a request form, specification, inventor/applicant information, fees, and translations if needed. The EPO will examine the application for formalities before publishing it after 18 months. The applicant can then request examination, pay designation fees, and go through the examination and grant process.

1. Nitin Nair
nitin@bananaip.com

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European Patent Office
 A single patent office (Munich, Germany)
 Albania, Austria, Belgium, Bulgaria, Cyprus, Croatia,
Czech Republic, Denmark, Estonia, Finland, former
Yugoslav Republic of Macedonia, France, Germany,
Greece, Hungary, Iceland, Ireland, Italy, Latvia,
Liechtenstein, Lithuania, Luxembourg, Malta,
Monaco, Netherlands, Norway, Poland, Portugal,
Romania, San Marino, Serbia, Slovakia, Slovenia,
Spain, Sweden, Switzerland, Turkey and United
Kingdom.
 Direct option is available

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What can be patented?
 A product, a process or an apparatus
 Exceptions are present

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How to file in Europe from
India
 Direct filings – no deadline
 Convention filings – 12 months
 National Phase filings (using PCT) – 31
months

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Who can file the application
 Natural/legal person(s)
 Equivalent to natural/legal person(s)

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Where to file
 Physical filings
 Munich
 The Hague
 Berlin
 National Patent Office
 Online

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Filing
 A request for a grant (includes a request for examination)
 Patent specification (provisional/non-provisional) (any of
3 languages)
 Inventor and applicant information (inventor designation)
 Required fees
 Certified copies (if applicable)

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Examination on filing
 Can the application be assigned a filing date
 an indication that a European patent is sought
 information identifying the applicant
 a description or a reference to a previously filed application
 Fee
 Translations (if required)

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Formalities examination
 Requisite forms (request for grant, inventor and
applicant information)
 Specification requirements (description, figures,
claims, abstract)

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Publication
 18 months from the priority date
 Request for examination (within 6 months
from publication)
 Designation fees

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Examination process
 Unity of invention (EPO)
 Search report (EPO)
 Substantive observations (applicant)
 Right to an oral hearing
 Appeal (Applicant)

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Grant process
 Grant communication
 Grant and issuance fee
 Claim translations

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Validations
 Per country basis
 Fee payments
 Translations (if required)

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Renewal fee
 Applicable from 3rd year of filing
 In advance for each year
 Till grant is published

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Post-grant opposition
 Any third party can oppose the grant of the
patent
 Within nine months from the grant of the patent

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Points to be noted
 Third party observations
 Claim fees
 Translation fees

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Thank you
nitin@bananaip.com