EP validation: The procedure
After a patent has been granted by the EPO, the European patent (EP) must be validated within three months in the EPC member states in which patent protection is desired. Only after validation does the patent become legally effective in the respective country.
Validation requires certain formalities to be completed in each country, including the appointment of local representatives and the translation of the patent claims into the respective national language. The procedures for validating a European patent vary in some respects from country to country.
In addition, there is the option of making a European patent effective in countries that have concluded corresponding agreements with the European Patent Office. These countries are divided into two categories: so-called “extension states” and “validation states.”
In which countries should the granted patent be validated?
The aim is to secure and maintain property rights in various countries.
It should be noted that every validation, as well as the maintenance of a patent, incurs additional costs.
It is therefore advisable to select the countries in which a granted European patent is to be validated on the basis of strategic considerations and, in particular, to analyze in advance which are the most important markets and in which countries competitors are active or where competition is to be expected in the future.
How much does it cost to validate a European patent?
The validation of a European patent incurs attorney fees, official fees, and translation costs.
In addition, when deciding in which countries the granted patent should be activated, the issue of annual fees for maintaining the patent (max. 20 years) must also be taken into account.
We have summarized detailed information on a cost-benefit-optimized strategy for validating and maintaining a European patent in our blog article Cost-optimized filing strategies for Europe.
Our firm works with a proven international network of partner firms to validate European patents and obtain patent protection in the selected countries in accordance with the respective country-specific requirements.
Is validation of European patents still necessary after the introduction of the Unified Patent Convention?
As an alternative or in addition to validating the patent in individual countries, an application for unitary effect of the European patent can also be filed with the European Patent Office.
In countries that have acceded to the Community Patent Agreement, this then excludes validation. In other words, in countries that are party to the Community Patent Agreement, only one mechanism can be used to obtain patent protection—either the Community Patent Agreement or validation.
In countries that are part of the European Patent Convention (EPC) but have not acceded to the Community Patent Convention, validation can take place in parallel with the application for unitary effect. Spain is notable as a large country that is not part of the Community Patent Convention.
Regarding Justus Kreuels:
Justus Kreuels, German and European Patent Attorney, studied mechanical engineering at the TU Munich and the RWTH Aachen. A main focus of his practice is the enforcement of intellectual property rights in the field of mobile communication, Internet of Things (IoT), robotics, etc. in Germany.