Patenting inventions in the European Union

To obtain a patent in the EU, an applicant who is not a resident of the European Union must be represented before the Office by a registered European Patent Attorney.

Since 2010, our company has maintained its office in the European Union (Vilnius, Lithuania), where Juozas Lapienis, a full-time European Patent Attorney, has been working. We have filed about 150 European applications on behalf of applicants from Ukraine, CIS countries, the USA, China, and other countries.

Before filing an application in the EU, it is advisable to learn the advantages and disadvantages of the existing EU methods of protection of an invention: the national procedure, the regional procedure, and the Unitary Patent.

National procedure (obtaining a patent in each individual country)

Despite the increasing use of international and regional agreements for patenting inventions, the traditional national procedure remains highly relevant.

This route is particularly suitable for applicants seeking patent protection in one or a few specific EU countries. One of the main advantages of national patenting is the relatively low cost compared to other procedures.

Regional procedure (filing a regional European patent)

Another way to obtain patent protection across Europe is to file a regional application for a European patent.

Currently, the European Patent Convention includes 39 member states. In addition, Bosnia and Herzegovina, though not a member of the EPC, has signed an agreement with the European Patent Office (EPO) to extend European patents to its territory. Four other non-EPC countries have signed validation agreements with the EPO, allowing European patents to be recognized within their borders.

A granted European patent has the same effect as a national patent in each designated country. Filing an application under the regional procedure is advisable if the applicant seeks protection in multiple EU countries.

One significant advantage of this procedure is that a single application is submitted to one office — the EPO — and the resulting patent can be extended to many member states. This significantly reduces both time and administrative burden.

It is important to note that the application is filed in one of the official languages of the EPO (English, French, German) and the European patent is automatically valid only in Germany, Belgium, France, Liechtenstein, Luxembourg, Monaco, Switzerland, Ireland and the United Kingdom.

A process called validation is required to extend the patent's effect to other countries. Validation generally involves translating the patent documents into the official languages of the selected countries and paying the corresponding official fees.

Validation is a costly procedure and is therefore considered to be the main disadvantage of this option of obtaining patent protection in the EU.

European Unitary Patent or European patent with unitary effect

A European Unitary Patent refers to a European patent granted under the rules of the European Patent Convention, which, at the request of the patent holder, enjoys unitary effect across multiple EU member states.

Under the traditional system, a granted European patent must be individually validated and translated in each EPC member state, creating significant administrative and financial hurdles. To address this, the European Union negotiated for many years to establish the Unitary Patent system, which was successfully agreed upon on December 11, 2012.

The introduction of the Unitary Patent aims to simplify the patenting process, reduce costs, and enhance protection across EU countries.

Selecting the most suitable patenting procedure is a critical decision. Regardless of which route you choose, each requires a thorough understanding of the national patent laws of the relevant jurisdictions—a challenge that applicants from CIS countries often face when pursuing foreign patent protection.

If you have any additional questions regarding patenting in Europe, please feel free to contact our head office or our office in the European Union.

Countries party to the European Patent Convention

EPC member states	Year of accession
Albania	2010
Austria	1979
Belgium	1977
Bulgaria	2002
Croatia	2008
Cyprus	1998
Czech Republic	2002
Denmark	1990
Estonia	2002
Finland	1996
France	1977
Germany	1977
Greece	1986
Hungary	2003
Iceland	2004
Ireland	1992
Italy	1978
Latvia	2005
Liechtenstein	1980
Lithuania	2004
Luxembourg	1977
Macedonia	2009
Malta	2007
Monaco	1991
Montenegro	2022
Netherlands	1977
Norway	2008
Poland	2004
Portugal	1992
Romania	2003
San Marino	2009
Serbia	2010
Slovakia	2002
Slovenia	2002
Spain	1986
Sweden	1978
Switzerland	1977
Turkey	2000
United Kingdom	1977