17. November 2025

Guide to Comprehensive Patent Protection in Europe

If you want to protect an invention across Europe, a European patent enables you to cover up to 39 countries with a single application. These include all 27 EU member states as well as 12 other contracting states of the European Patent Convention (EPC) – including Switzerland, Norway, the United Kingdom, and Turkey. However, unlike filing a national application with the German Patent and Trade Mark Office (DPMA), the procedure before the European Patent Office (EPO) comes with its own requirements, cost structures, and deadlines.

Whether you are a startup, a medium-sized enterprise, or an individual inventor – if you plan to apply for a European patent, you should be familiar with the specific features of the EPO procedure to avoid costly mistakes. This guide provides essential information on the procedure, requirements, costs, and differences compared to national patent protection – and introduces the Unitary Patent as a new strategic option for the validation of a European patent.

What Is a European Patent?

A European patent is an intellectual property right granted by the European Patent Office (EPO) that can be validated in up to 39 contracting states of the European Patent Convention (EPC) with a single application. In addition to all 27 EU member states, this includes key markets such as Switzerland, Norway, Turkey, and the United Kingdom.

The main advantage lies in its efficiency: instead of filing your invention separately in each country, you can access multiple European markets through a single procedure at the EPO. Once the EPO grants the patent, it is converted into a national patent in each designated state and becomes subject to the respective national laws.

Compared to a national application filed with the German Patent and Trade Mark Office (DPMA), the European patent offers significantly broader territorial coverage. While the DPMA grants protection exclusively for Germany, the EPO’s centralized examination procedure enables a strategic approach to securing patent protection across Europe with one filing.

Applying for a European Patent: Procedure and Deadlines

1. Filing with the European Patent Office (EPO)

The application for a European patent is submitted directly to the European Patent Office (EPO) in Munich. In principle, the procedure must be conducted in one of the EPO’s three official languages: German, English, or French. However, the application itself may initially be filed in any language, provided that a translation into one of the official languages is submitted within two months.

The application must include the following documents:

• a complete description of the invention
• the claims
• an abstract
• technical drawings, where applicable

As with national applications, the core patentability requirements also apply here: novelty, inventive step, and industrial applicability.

If you have already filed a previous patent application (e.g., a German priority application), you may claim its priority date for the European application. To do so, the European application must be filed within the 12-month priority period.

One of the key advantages of the European application is the centralized examination procedure at the EPO. Once granted, the patent is recognized in all designated states. This not only facilitates the enforcement of rights but also strengthens your negotiating position in licensing agreements, partnerships, and discussions with investors.

2. Search and Examination Procedure

Once the application has been filed, the EPO conducts a comprehensive search of the prior art. This internationally oriented search is known for its high quality and thoroughness, based on the uniform standards of the European Patent Convention.

Following this step – if requested – the substantive examination begins. In this phase, the EPO not only reviews formal requirements but also assesses the substantive patentability criteria. The procedure involves multiple stages and gives applicants the opportunity to respond to examination reports, amend claims, and present arguments.

This rigorous examination process, based on consistent and high standards, provides a strong foundation for a robust and legally secure patent in all countries in which it is subsequently validated.

3. Grant and Validation: The Path to National Protection

Once the examination has been successfully completed and the EPO intends to grant the patent, the final formal step prior to publication follows:

Grant phase: The EPO issues a communication informing the applicant of the final text intended for grant. The applicant must approve this version, pay the grant and publication fees, and translate the claims into the two remaining official EPO languages. Upon payment and submission of translations, the European patent is granted and published in the European Patent Bulletin.

National validation: The central procedure before the EPO is now complete. However, for European patents to take legal effect in selected countries, it must be validated nationally. This must be done within a specific time limit following grant and typically includes:

• Submission of translations of the full specification or at least the claims into the official language of the respective country
• Payment of national fees
• Appointment of a local representative (patent attorney) in that country

Only after successful validation do you obtain full patent protection in the selected countries, and you must then pay annual renewal fees in each jurisdiction to maintain your rights.

Significant simplification through the London Agreement: For a portion of the contracting states that have acceded to the London Agreement (such as Germany, France, or the United Kingdom), the costly obligation to submit a full translation of the patent specification no longer applies. In some of these countries, only a translation of the patent claims must be submitted, while in others, the translation requirement is waived entirely.

However, the requirements for national fees or the appointment of a local representative may still apply, depending on the country.

Only after this validation – which is simplified depending on the country – do you enjoy full patent protection in the selected countries and must pay the respective annual fees there.

Unitary Patent or Traditional European Patent?

What Is the Unitary Patent?

Since 2023, applicants have had a new option in addition to the traditional European patent with national validations: the Unitary Patent. This is an extension of the existing system and offers uniform patent protection in 18 participating EU member states (as of July 2025) — without the need for individual national validation procedures.

The Unitary Patent can be requested after the grant of a European patent by the EPO, and it replaces individual national validations in the participating states. Instead of multiple separate national patents, a single patent valid across the EU is created and administered centrally.

Advantages of the Unitary Patent:

• Uniform protection in all participating EU member states at the time of grant through a single request
• Significantly reduced translation costs compared to validations in multiple individual states
• Central administration and a unified legal framework
• Simplified enforcement through the Unified Patent Court (UPC)
• Lower administrative burden

For further information on the Unitary Patent, please refer to our dedicated article.

When Is the Traditional European Patent the Better Option?

The traditional European patent remains the strategically appropriate – and in some cases the only viable – option in several key scenarios:

• Protection in non-EU states: If your core markets include non-EU EPC member states such as Switzerland, the United Kingdom, or Turkey, you must pursue classical national validation in those countries, as they are not covered by the Unitary Patent.
• Focused market strategy: If you only require patent protection in a few selected contracting states (e.g., only in Germany, France, and the UK), classical validation in these individual countries is often more cost-effective. As a rule, the Unitary Patent becomes economically advantageous only if protection is sought in more than three countries.
• Flexibility in enforcement: With national patents, you can enforce your rights selectively in individual countries, without the risk of a central revocation before the Unified Patent Court (UPC) that could invalidate the entire patent.

Conclusion: The strategic decision between a Unitary Patent and classical validation depends primarily on your target markets, your budget planning for annual renewal fees, and your risk tolerance when it comes to legal enforcement.

European Patent vs. National Patent: Which Option Makes More Sense?

A European patent differs from a national patent regarding territorial scope, procedural efficiency, and the long-term cost structure. For companies with an international focus, the centralized procedure before the European Patent Office (EPO) offers clear advantages—both organizationally and economically.

Key advantages of the European patent in brief:

• Centralized access with maximum flexibility: A single application allows you to seek protection in up to 39 countries, and you only decide after granting in which of these countries the patent shall take effect.
• Cost savings for broader coverage: From a certain number of target countries (typically from three countries onwards), the overall procedure costs are usually significantly lower than the total costs of multiple individual national filings.
• Time efficiency: Only one examination procedure instead of many parallel national proceedings.
• High quality standard: The EPO’s centralized examination process is internationally recognized for its high and consistent quality standards, which increases both the perceived value of the granted patent and the legal certainty for the patent holder.

European Patent: What Costs Are Involved?

The formal costs of a European patent (in addition to the attorney’s work) consist of several components – from filing and examination fees to ongoing renewal and validation costs. A strategic overview of these expenses is essential for making economically sound decisions.

1. EPO Fees Prior to Grant

Filing and Search Phase

Upon submission of the application, the filing fee and the search fee are payable to the EPO. The search fee covers the costs of identifying the relevant prior art.

Additional fees may apply, for example:

• Claims fees if the application contains more than 15 claims,
• Page fees if the application comprises more than 35 pages.

Examination Phase

If you wish to proceed after receiving the search report, you must file a request for examination. This triggers the examination fee as well as the designation fee covering all EPC contracting states.

Grant and Publication Fees

If the EPO intends to grant the patent after completion of the examination, the grant and publication fee becomes due. This covers the cost of printing the patent specification and publication of the grant in the European Patent Bulletin. At this stage, translations of the claims into the two other official languages of the EPO must also be submitted.

Tip: For a detailed breakdown of all patent costs, see our article: How much does a patent cost?

2. Validation Costs in the Target Countries

After the patent has been granted, the European patent must be validated in the selected countries. This process entails:

• Official validation fees
• Translation costs, where required by national language rules
• Fees for local representatives (patent attorneys), who handle the validation process in each country and act as contact persons for the respective national patent offices

The more countries you select, the higher these additional individual costs will be – which is why the choice of countries should be made based on a clear strategic assessment.

3. Annual Renewal Fees

Even before a grant, annual renewal fees must be paid centrally to the EPO, beginning in the third year of the application. After the patent has been granted and validated nationally, the national rules apply in each validated country. Separate annual renewal fees must be paid – often increasing over the patent’s lifespan, which can extend up to 20 years.

Important: Missed payments can lead to loss of patent protection. It is therefore essential to plan your renewal fee budget well in advance.

Preparing a European Patent Application: Why a Thorough Prior Art Search is Essential

Before applying for a European patent, it is vital to determine whether your invention is truly novel and meets the requirements for patentability. A structured prior art search reduces risk, strengthens your filing strategy, and helps assess how innovative your solution is compared to the existing state of the art.

Initial Search Using Google Patents & Similar Tools

A preliminary overview can be obtained using freely accessible databases such as Google Patents. This platform allows for simple keyword searches in global patent databases – including many European applications.

Advantages:

• Free access
• Simple keyword-based search
• Insight into already published European and international patents

Limitations of These Tools

Despite their user-friendliness, tools like Google Patents are no substitute for professional search. Key limitations include:

• Language barriers: Many documents are only available in English, German, or French
• Gaps in older patents or technical drawings
• No legal assessment of search results
• Inaccurate keyword searches: pure keyword-based approaches often fail to retrieve all relevant documents, as different terms are used globally for the same technologies.

Professional searches additionally rely on international patent classifications (e.g. IPC, CPC) to systematically and language-independently identify the relevant prior art.

Why a Professional Search Is Worthwhile

An experienced patent attorney can use the search results not only to identify potential risks (e.g. pre-existing rights), but also to:

• Assess the patentability of your idea with sound legal and technical judgment
• Identify key distinguishing features relevant for novelty and inventive step
• Translate findings into a coherent filing strategy
• Draft the patent claims in a way that clearly differentiates your invention from the known prior art

Our recommendation: Use tools like Google Patents as a starting point but rely on professional legal and technical expertise for all critical steps of the patent process. You can find more information on patent searching here.

Applying for a European Patent: When Is It Worthwhile?

Filing a European patent is not always the best choice – but it is a strategically valuable instrument if certain conditions are met. Companies should therefore assess in advance whether the geographic scope of protection, economic objectives, and market outlook justify the investment.

Protection in International Business Activities

If your products or processes are to be marketed or licensed in several European countries, a European patent is often more cost-effective than filing numerous national applications. Especially in cases of export-oriented business models or subsidiaries within the EU, the centralized procedure offers clear advantages.

It also creates a unified legal framework: you interact with a single authority (the EPO) and obtain a single right based on a high-quality examination process. This significantly simplifies future enforcement and the management of your patent portfolio.

Protection in R&D-Intensive Industries

For companies in pharmaceuticals, medical technology, mechanical engineering, chemicals, or software, strong patent protection is essential. A European patent is a key tool for securing market share, protecting R&D investments, and deterring costly copycats from entering the market.

Protection as a Strategic Asset for Startups

For startups, a pending or granted European patent is often a decisive factor in increasing company valuation and building trust in negotiations with investors. A strong patent portfolio signals not only technological distinctiveness but also creates tangible market entry barriers for competitors. It is a core asset that can make a real difference in pitch decks and due diligence processes.

Applying for a European Patent: How to Avoid Common Mistakes

Anyone planning to apply for a European patent should not only be familiar with the formal requirements of the EPO but also avoid the most common pitfalls. Errors in the filing strategy, incomplete documentation, or missed deadlines can result in the loss of rights – often with no possibility of correction.

Premature Disclosure of the Invention

Any public disclosure of your invention before the filing date – whether through a trade fair presentation, academic publication, promotional video, or even a conversation without a confidentiality agreement – may destroy the novelty of your invention. Such disclosures become part of the prior art and may prevent the grant of your patent or lead to its invalidation later. The key rule is to file first and talk later.

Incomplete or Vague Description

The European Patent Office strictly examines whether the invention is sufficiently disclosed. The description must be drafted so that a skilled person can understand and carry out the technical solution. Later amendments are only allowed if they are directly and unambiguously derived from the originally filed version.

A description that is too brief may result in key features being unclaimable later. In the worst case, the entire application may become irremediably invalid, as nothing can be added that was not originally disclosed.

Strategically Unsound Choice of Countries

The selection of designated states should not be based solely on the desire for broad territorial protection. The more countries selected, the higher the validation and annual maintenance costs. Applicants who designate many countries without a market analysis risk tying up capital without economic return – or losing protection in key markets if costs become prohibitive later.

Missed Deadlines

The EPO adheres to strict and (often) non-extendable deadlines. Among the most important are:

• the 12-month priority period following a first filing
• the deadline for filing the request for examination
• payment deadlines for various fees

A single missed deadline can lead to complete and irreversible loss of rights to the application or patent. For this reason, systematic deadline monitoring is essential from the outset.

Frequently Asked Questions About the European Patent

In Which Countries Is a European Patent Valid?

A European patent can provide protection in up to 39 contracting states of the European Patent Convention (EPC). These include:

All 27 EU member states, including Germany, France, Italy, Spain, the Netherlands, Belgium, Austria, Poland, Sweden, Denmark, Finland, Portugal, Czech Republic, Hungary, Greece, Romania, Bulgaria, Croatia, Slovakia, Slovenia, Lithuania, Latvia, Estonia, Luxembourg, Malta, Cyprus, and Ireland.

In addition, 12 non-EU EPC contracting states, including Switzerland, Norway, United Kingdom, Turkey, Iceland, Liechtenstein, Monaco, San Marino, Albania, North Macedonia, Serbia, and Montenegro.

By paying a single designation fee, all EPC contracting states are initially considered designated during the application process. The final, strategic decision on which countries you wish to obtain protection in is made after the grant, during the national validation phase.

How Long Is a European Patent Valid?

The maximum term of a European patent is 20 years from the date of filing. The duration of protection is governed uniformly across all designated states.

Key requirements for maintaining validity:

• Starting from the third year, annual renewal fees are due.
• Before grant, these fees are paid centrally to the EPO. After grant, they must be paid separately in each validated country.
• Missed payments will result in the lapse of the patent.
• Extensions beyond 20 years are generally not permitted, except through Supplementary Protection Certificates (SPCs), e.g., for pharmaceuticals or plant protection products.

Once the protection period expires, the invention becomes part of the public domain and can be freely used by third parties.

Is There a Difference Between a European Patent and an EU Patent?

Yes – and the distinction is important. There is no such thing as an "EU patent" as an independent right.

The European patent is based on the EPC and can cover up to 39 countries, including many non-EU states.

The Unitary Patent (often informally referred to as the "EU patent") is an option available after granting a European patent. It offers unitary protection in 18 participating EU member states. It is not an alternative to the European application itself, but rather an option after grant for how to validate and maintain the patent.

Can a Private Individual Apply for a Patent?

Yes, absolutely. Patent law does not differentiate between private individuals (natural persons) and companies (legal entities) regarding who can be the applicant.

However, the crucial distinction is who holds the right to file the application. An individual inventor who is not employed, or who creates an invention completely outside the scope of their employment (a "free invention"), can apply for a patent themselves.

If, however, an invention is made by an employee within the scope of their employment (a "service invention"), the employee is obligated to report it to the employer. The employer then typically has the right to claim the invention and will file the patent application as the applicant. The employee cannot simply file the patent themselves in this case.

What is important to note: The requirements for patentability (novelty, inventive step, industrial applicability) and the entire examination and validation process are exactly the same, regardless of whether the applicant is a private individual or a large corporation. Since the procedure is very complex and the costs (e.g., for searches, examination, validation, and annual fees) can be substantial, professional advice from a patent attorney is strongly recommended for sole inventors as well to protect their investment.

Strategic Patent Planning: A Clear Roadmap to Success

A European patent is not just a legal right – it is a strategic investment tool. To unlock its full potential, forward-looking planning is essential – ideally before filing the application.

What makes a good patent strategy?

• A professional prior art search to assess the likelihood of success
• Competitive analysis and review of existing intellectual property rights
• Selection of the appropriate type of protection: traditional European patent, Unitary Patent, or national filing
• Strategic selection of validation countries based on your product and market strategy
• Evaluation of the PCT option, if international protection is intended at a later stage
• Deadline management and cost planning to ensure legal continuity and financial control

Without this structure, you risk unnecessary costs, avoidable loss of rights, or ineffective protection. Since subsequent amendments are only permitted within narrow legal limits, careful initial planning is especially important.

Why Professional Advice Is Essential

Filing a European patent is a complex procedure with significant technical and formal requirements. Common mistakes—such as an overly narrow description, unstrategic country selection, or missed deadlines—can seriously compromise your protection or render the patent unenforceable.

An experienced patent attorney will help you develop a tailored filing strategy, including:

• Providing a professional assessment of your invention’s patentability to avoid unnecessary investment
• Identifying the most efficient filing strategy (national, European, or Unitary Patent) and selecting the relevant jurisdictions based on your budget
• Managing all communications with the EPO professionally to avoid pitfalls and accelerate the procedure
• Drafting and adapting the patent claims strategically to secure the broadest possible scope of protection

Patent attorneys also offer valuable guidance in technology-driven industries or international business models – for example, in coordinating validations, building a robust patent portfolio, or preparing for licensing negotiations and due diligence. You can find more about our related services here.

Your Path to a European Patent Starts Here

A European patent is more than just a legal right – it is a strategic asset that can influence your growth and competitive edge. The process is complex, but with the right partner, it becomes structured and manageable.