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Determine whether the invention can be patented. In European patent law, Articles 52 and 53 of the European Patent Convention (EPC) stipulate what can be patented. European patents are granted for inventions that are new, involve an inventive step, and can be created in industrial application, according to Epo.org. An invention can be a part of any field of technology, but must follow these criteria or a patent will not be considered. - 2). Choose the method of application for a patent with the European Patent Organization (EPO). Choose whether to file a European application, a national application, or an international application. The types of applications will differ according to the invention and the type of coverage and legal title sought.
- 3). Complete the procedural form for European application and/or international application. All forms are available at the EPO website or a local patent office in European countries.
- 4). Confirm that all patent information is in order in the packet you send to the EPO. You will need an indication that you are seeking a patent, the particulars of the invention, an invention description, drawings and descriptions, and payment of all fees and expenses required to seek the patent. Applications can cost between 200 euros ($254) and 2,000 euros ($2,537) on average depending upon services rendered.
- 5). File for a European search report. This report determines whether the invention already exists within the country or continent and is protected by law. It is possible to do this step earlier, but you are required to file a formal search after application. If the invention does already exist in Europe, your application will not be accepted.
- 6). Wait for publication of the patent from the EPO. Once publication occurs, another examination will be undertaken before the patent is officially granted.
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