EPO

The European Patent Office is the organ of the European Patent Organisation responsible for granting European patents under the supervision of the Administrative Council (Article 4 EPC). Its headquarters are in Munich, Germany. It also has a branch in Rijswijk, in the Netherlands, a sub-office in Berlin and bureaus in Vienna and Brussels.

Origins of the EPO

Established by the European Patent Convention (EPC) signed in Munich in 1973, the European Patent Office (EPO) began operating in 1977. Its main purpose was to simplify the grant of a European patent valid in several countries at once, without a national procedure in each State. The system gave inventors a more efficient route to protection throughout the territory of the EPC contracting states. The European Patent Organisation brings together 39 member states, including the countries of the European Union as well as other European countries such as Switzerland, Norway and Turkey. The organisation is independent from the European Union, although it plays a central role in European intellectual property.

Structure and organisation of the EPO

The EPO is an intergovernmental office headquartered in Munich, Germany, with offices in The Hague (Netherlands), Berlin, Vienna and Brussels. The administration of the Office, the Organisation’s Administrative Council and the Boards of Appeal have distinct roles:

1. The President of the EPO, who heads the office and is responsible for its administration.
2. The Administrative Council, composed of representatives of the member states, which supervises the activities of the office and adopts certain rules on filing and examination.
3. The Boards of Appeal, which hear appeals against decisions of the office, notably the refusal or revocation of a European patent.

The EPO employs more than 6,000 staff from many countries, which guarantees a multinational and neutral approach to the treatment of patent applications.

What the EPO does

The EPO examines and grants European patents. The granted European patent may have national effects in the relevant States or, on request and subject to the applicable conditions, unitary effect in participating States. Its main tasks are:

1. Receiving applications: the office receives European patent applications, which may be filed directly with the EPO or through the national office of a member state.
2. Examining patentability: the EPO verifies that the invention meets the conditions of protection laid down by the EPC: novelty, inventive step and industrial application.
3. Publication: applications are generally published 18 months after filing or the claimed priority date (Article 93 EPC). Publication of the application is distinct from grant, which triggers the opposition period.
4. Grant: if the application meets all the conditions, the EPO grants the patent. Its effect in the relevant States depends on the applicable formalities. Unitary effect follows a separate procedure before the EPO.
5. Opposition and appeal proceedings: an opposition may be filed within nine months of publication of the mention of grant in the European Patent Bulletin (Article 99 EPC). Appeals against those decisions lie before the Boards of Appeal of the office.

Proceedings before the EPO

Filing with the EPO follows several steps. The applicant must first provide a complete description of the invention, together with claims defining the subject matter to be protected. A filing fee is due at this stage. After publication of the application, substantive examination begins. This stage allows the EPO to assess whether the patentability requirements are met. If the outcome is favourable, the office notifies the grant of the patent. After grant, renewal fees are paid to national offices for national effects or to the EPO for a Unitary Patent. Under certain conditions a patent may also be limited or revoked after grant.

A cornerstone of intellectual property in Europe

Thanks to the EPO, companies, researchers and inventors have a powerful tool to protect their inventions across large territories. By offering a centralised procedure, the office simplifies the process and reduces costs compared with separate national filings. The EPO also plays an important role in technical information. Its database, Espacenet, gives free access to millions of European and worldwide patent documents, which supports technology watch and innovation. Since the entry into force of the European patent with unitary effect (for which the EPO registers unitary effect and performs administrative tasks, including collecting renewal fees), a further step has been taken towards a more coherent and centralised European patent protection. In short, the European Patent Office is a key player in European intellectual property. Through its mission, its rigorous procedure and its role of technical arbiter, it maintains a balance between the protection of inventors and access to innovation for society. For anyone seeking to protect an invention in Europe, understanding the role of the EPO is essential.