Obtaining A European Patent for your Invention

Obtaining a European patent involves several steps and considerations. Firstly, the applicant files a patent application with the European Patent Office (EPO). The application undergoes a thorough examination process to assess its novelty, inventive step, and industrial applicability. During examination, the applicant may respond to objections raised by the EPO examiner, providing arguments or amendments to the claims if necessary.

 

If the application meets the criteria for patentability, the EPO issues a Notice of Allowance, granting the patent. However, before the patent is officially granted, the applicant must pay the required fees and validate the patent in the desired European countries of their choice. Validation typically involves translating the patent into the official languages of the selected countries and fulfilling any additional national requirements.

 

Once validated, the European patent provides protection in the designated countries for a specified period, typically 20 years from the filing date of the application. Throughout the patent's lifespan, the owner must pay maintenance fees to keep the patent in force. Enforcement and defense of the patent rights are managed at the national level, meaning any infringement or legal action occurs within the jurisdiction of each designated country.

 

Overall, obtaining a European patent involves navigating a comprehensive process that spans multiple stages, from filing the initial application to validation in individual countries and ongoing maintenance. It requires careful attention to detail, strategic decision-making, and collaboration with patent professionals to maximize the patent's value and protection in Europe and overseas.

For help securing a European patent contact:

Georgios Georgellis

European Patent Attorney

of Counsel 

RICHARDT PATENTWALTE

email:georgellis@richardt.eu

IMPROVEMENT INVENTIONS

Most patent applications are directed to improvement inventions, i.e., improvements of known devices or methods.  In fact, a truly pioneering invention, i.e., an invention which is the first of its kind is typically less than 1% of all patent applications filed.  Even some of the most famous inventions in history were rarely true pioneering inventions. Take for example, Thomas Edison and his famous invention the “light bulb.” In fact, there were many light bulbs patented before Thomas Edison filed his own patent application for a light bulb.  So clearly, in view of the prior art, Thomas Edison couldn’t have gotten a patent on “a light bulb” because light bulbs were already known.  As a side note, for those who love history, Thomas Edison patent application was entitled “Electric lamp” and was granted by the US Patent and Trademark Office on Jan. 27, 1880 from US patent application no. 223,898. 

So, what was the improvement that made his invention patentable and him world famous and fabulously rich?  The answer is that Thomas Edison found out that using wolfram in the light bulb filament improved significantly the incandescence of his light bulb.  So, although, they were many well-known light bulbs out there, none was using a wolfram filament. This difference together with the fact that the use of wolfram provided an unexpectedly improved light bulb made his invention patentable and Thomas Edison one of the greatest inventors of all time.

Great inventors, like Thomas Edison have a knack for taking something that someone else has already invented and making it better.

In my career, as a patent attorney,  I am asked frequently whether combining known elements in a new configuration can result in a patentable invention. The answer is yes, provided that the combination is new and includes an inventive step (often stated as being non-obvious).  Of course, what is new and non-obvious is not easy to determine and is always based on a case by case determination based on many legal principles and court decisions.

However, as an inventor you need not be concerned with the nuances of patent law. If you believe that your invention has never been done before then you should seek patent protection. 

During patent prosecution (which is the back and forth communications with the patent office for determining the patentability of your invention), more often than not, the main issue is whether the invention is nonobvious. This is a rather difficult question to answer with certainty for any invention. 

In fact, no one can give you a guarantee that any particular invention will be nonobvious.  There is no way for getting a definitive answer without filing a patent application for your invention and engaging with the Examiner (with the patent attorney representing you) about the uniqueness and merits of your invention in light of the prior art that is cited against your invention by the Examiner.

Georgios Georgellis
European Patent Attorney

INNOVATIVE REDUCED COST PATENT ATTORNEY SERVICES

It is true that between the fees that are payable to the patent office and the attorney fees that need to be paid to the patent attorney for his services obtaining patent protection for your invention can be rather expensive. The cost deters many small inventors (small companies also) who may have great ideas but lack the funds to properly protect their inventions with one or more patents.

Our firm is leading the way in innovative new ways that reduce the cost and make patent protection affordable for everyone! So if you have a great idea and you are concerned that you do not have the funds for protecting your innovation, feel free to ask our leaflet on “innovative reduced cost patent attorney services.” The leaflet is protected with copyright so you should not distribute it to any third party without our express written consent. 

To qualify to be considered for such services you must be an individual inventor (or inventors), or a small company that qualifies as a micro entity under the US Patent Office definition. Although we use the aforementioned definition for screening potential clients the reductions in attorney fees which we will agree upon would be applicable to both European and US patent applications. But note that there are no reductions in the fees due to the patent office and all such fees should be covered by the inventor. 

For more information please contact the undersigned at your convenience. 

Georgios Georgellis

European Patent Attorney
& English Solicitor 

Founder of GreekPatent.com

GREEK INVENTIONS: THE WATER MILL OF PHILO

 Excerpt from Wikipedia 

Earliest evidence of a water-driven wheel is probably the  Perachora Wheel (3rd century BC). An early written reference is in the technical treatises Pneumatica and Parasceuastica of the Greek engineer Philo of Byzantium.  The British historian of technology M.J.T. Lewis has shown that those portions of Philo of Byzantium's mechanical treatise which describe water wheels and which have been previously regarded as later Arabic, actually date back to the Greek 3rd-century BC original.

THE LONDON AGREEMENT

Since 2008, the year in which the London Agreement became effective, a granted European patent becomes effective without the need for any translations in the following countries.
UK, Belgium, Germany, Switzerland/Lichnestein, Monaco, and France,

For all other European countries and other members of the European patent system, a translation and a publication fee must be filed within 3 months of the date of the publication of the grant of the European patent.

Georgios Georgellis
European Patent Attorney

PATENT VALIDATION IN GREECE

Patent Validation in Greece

To have your European patent validated in Greece, you must do the following:

• Submit a Greek translation of the patent specification to the Hellenic Industrial Property Organisation (OBI) – within 3 months of the date of publication.
• Pay the administrative fee for the publication of the translation.
• If needed grant power of attorney authorising representation from a Greek attorney.
• Designate a representative in Greece who will take care of the documentation if you are a non-resident or if your business is located outside of Greece.
• Pay annual renewal fees in order to maintain your patent rights protected.