Patent protection in Europe
An invention is generally patentable if the following criteria are met:
- The invention must not belong to the state of the art. This means that it must not have been available to the public worldwide before the application was filed. (Novelty)
- The invention must offer an innovative solution and thus stand out from the state of the art.(Inventive step)
- The invention must be technically feasible and usable in an industrial field.(Industrial applicability)
Computer programs, mathematical methods, scientific theories, medical treatment methods and plant and animal species are not patentable in Europe.
The procedure begins when a patent application is submitted to the relevant patent office: The office examines the application and decides on the basis of this examination whether to grant the patent or reject the application.
Application for a national patent
A patent with protective effect, e.g. in Germany, can be applied for at the German Patent and Trade Mark Office (GPTO). The application is made in writing or online and must contain a description of the invention, patent claims, drawings and an abstract.
After the application, the DPMA examines the formal requirements and carries out a substantive examination upon request. A granted patent can provide protection for up to 20 years, provided that the annual fees are paid.
Protection in several European countries
A European patent is granted by the European Patent Office (EPO) after a central examination and can offer protection in up to 39 member states of the European Patent Convention (EPC).
Once granted, it must be validated in the selected countries, often requiring translations and fees. It is not a uniform patent, but a bundle of national patents, each of which is subject to national regulations.
More information about the European patent and possible filing strategies.
Since 2023, there has also been the Unitary Patent, which offers uniform protection in the participating EU states.
International patent protection
An international patent application is filed in accordance with the Patent Cooperation Treaty (PCT) and enables inventors to apply for patent protection in several countries with a single application. The application is filed centrally with the World Intellectual Property Organization (WIPO). The international patent application then makes it possible to subsequently enter the respective national patent distribution procedure in all contracting states of the Patent Cooperation Treaty (PCT).
A prior art search is also carried out for the international patent application. However, the final grant of the patent is carried out at national level by the respective national or regional patent offices, which decide on the granting of protection.
Find out more: The international patent application and associated costs.
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.