European patent

A European patent is a title granted by the European Patent Office, following a single examination procedure governed by the European Patent Convention, for the Contracting States designated by the applicant. Once granted, the European patent breaks down into a bundle of national patents, each subject to national law, unless the proprietor requests unitary effect. The European patent is today the main route for protecting inventions in Europe. The procedure is described on the website of theEuropean Patent Office.

The grant procedure for a European patent

First, the application is filed with the EPO, directly or via the PCT, in one of the three official languages. Second, the search division draws up a search report accompanied by an opinion on patentability, the application is published at eighteen months and the examining division conducts substantive examination. Third, the mention of grant is published in the European Patent Bulletin. Within the following nine months, any third party may file an opposition before the EPO, which may lead to the revocation of the title for all designated States.

Validation and unitary effect

After grant, the proprietor chooses between two routes. National validation consists in completing, in each designated State, the required formalities, such as filing a translation and paying fees, the patent then having the effects of a national patent. Since 1 June 2023, the proprietor may request, within one month of the publication of the grant, unitary effect for the States participating in the enhanced cooperation: the patent becomes a unitary patent, a single title subject to a single renewal fee and to the exclusive jurisdiction of the Unified Patent Court.

Litigation over a European patent

The validity and infringement of the French part of a classical European patent fall within the jurisdiction of the Paris tribunal judiciaire, unless the proprietor has not exercised theopt-out, in which case the Unified Patent Court also has jurisdiction during the transitional period. The grounds for revocation are harmonised by the Convention. In practice, the litigation strategy around a European patent combines opposition before the EPO, national actions and actions before the UPC. The firm acts on all of these fronts, as presented on the page Unified Patent Court.

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This glossary entry is general in scope and does not constitute legal advice.

Dhenne Avocats litigates patent disputes before the Paris Judicial Court, the Paris Court of Appeal and the Unified Patent Court. Where the question arises in a real case, the useful moment is almost always before proceedings are issued.

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