What is a European patent?
A European patent (EP) is filed, searched, examined, and granted centrally by the European Patent Office (EPO). It currently offers protection in 40 countries—including non-EU countries such as Switzerland, Norway, Turkey, and the United Kingdom (as of June 2026). Additionally, you can extend protection to further extension and validation states.
An EP is a so-called “bundle of patents”. After it is granted, it disintegrates into a bundle of national patents. It therefore has no uniform effect.
European patent: the basics
Any natural person (i.e., any individual) and any legal entity (e.g., a limited liability company or stock corporation) may file a European patent application. No legal representation is required for the filing itself.
Only persons who are not resident in one of the 40 contracting states of the European Patent Convention must appoint a representative before the EPO in all further procedural steps. In general, we recommend seeking advice from a patent attorney admitted to practice before the EPO—the procedure is complex, and professional support pays off!
You can apply for a Unitary Patent on the basis of a granted European patent. Unlike the traditional European patent, it offers unitary protection in 18 EU Member States at present—and it can be enforced and challenged in a unitary manner.
However, the Unitary Patent replaces the EP only for these 18 countries. In the remaining 22 countries of the EP system, the traditional system remains in place—there, the “bundle of patents” continues to apply.
The cost of a European patent consists of several components. The EPO charges an application fee, a search fee, a designation fee, an examination fee, and a grant fee. After granting, validation costs in the individual countries are added—that is, national fees and, if applicable, translation costs. The more countries you designate, the higher the total cost.
You can find a current overview of all fees on the EPO website.
Tipp: If you first file a national initial application in Austria, the search results will provide you with a solid basis for deciding whether a subsequent EP application is worthwhile for you.
You can obtain a reliable assessment of your chances of obtaining a European patent through an EP Search conducted by the EPO. Once you have filed your initial national application in Austria, you can request such a search – and have a solid basis for decision-making before proceeding with the European route.
European patent: how it works
The application is filed with the EPO – the easiest method is via the myEPO online portal. The proceedings are conducted in one of the EPO’s three official languages: German, English, or French.
The application can be filed in three ways:
- As an initial application directly with the EPO
- As a subsequent application claiming priority from an earlier application (within twelve months)
- Via the international route of the Patent Cooperation Treaty (PCT)
Good to know: If you have already filed a patent or utility model application in Austria, you can claim the priority of that initial application for your EP application.
European patents—like national patents—are granted only for inventions of a technical nature that are novel, not obvious to a person skilled in the art, and industrially applicable.
Your EP application must include:
- A request for the grant of a European patent
- A description of the invention
- One or more patent claims
- The accompanying drawings
- An abstract
If the application is not filed in one of the three official languages of the EPO (German, English, French), a translation into one of these three languages must be submitted within two months.
The EPO searches the prior art and sends you a search report. 18 months after the priority date, your application is published—from that point on, provisional protection applies.
Within six months of receiving the search report, you must file a request for examination. Any outstanding questions regarding patentability are clarified through written correspondence with the EPO.
If all requirements are met, you will receive a notification on the patent specification to be granted. Within four months, you must pay the grant fee and submit translations of the patent claims into the other two official languages. The patent takes effect upon publication in the European Patent Gazette.
After grant, you have two options:
- Apply for a Unitary Patent: Within one month of publication, you can file an application for a Unitary Patent with the EPO. This grants you unitary protection in 18 EU Member States.
- Do not apply for a Unitary Patent: This means you will remain in the “old” system.
Validation in individual countries: within a period of three months (in some countries, longer periods may apply; see the EPO website) you must submit a translation of the patent specification in the desired countries and pay the national fees (for countries where you have a Unitary Patent, a translation must be submitted to the EPO together with the request for unitary effect).
The exact requirements vary by country. If translations are not submitted on time, you will lose protection in that country. You can find all relevant information on validating your patent in Austria here.
For submitting a translation in Austria, it is best to use this online form (there are separate forms for supplementary submissions and fee payments).
Within nine months of grant, any person may file a written opposition against your European patent with the EPO. An opposition can lead to three outcomes:
- Rejection of the opposition: Your patent remains unchanged
- Maintenance of the patent in an amended form
- Revocation: You lose your patent
You may file an appeal against the decision with the Boards of Appeal of the EPO. Even if your EP application is rejected, this appeal route remains open to you.
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