The European patent system differs from other countries, as it is managed by two distinct entities.
The European Patent Office (EPO) handles applications for European invention patents under the European Patent Convention (“EPC”).
The European Union Intellectual Property Office (EUIPO) manage the Community design aspect, originally grounded in the European Economic Community and now functionally integrated into the European Union.
Patent Authority | European Patent Office (EPO) | European Union Intellectual Property Office (EUIPO) |
Types | Invention | 1Design |
Subject Matter | The invention must belong to any field of technology, be susceptible to industrial application, and should not fall within excluded categories of non-patentable subject matter. | , shape, texture and/or materials of the product itself and/or its ornamentation.coloursThe appearance of either the whole product or a part of it, that results from its features, in particular, the lines, contours, |
Terms of Protection | 20 years from the filling date. | 25 years from the filling date. |
Priority Claiming | Within 12 months based on the 1st foreign filling date. | Within 6 months based on the 1st foreign filling date. |
Substantive Examination | 2The request for substantive examination or response to the European search report must be submitted within the latest 6 months after receiving the European search report. | Undergo substantive examination immediately upon formality examination completed. |
International Application | PCT | Hague System |
Additional Information | 3Applicant may designate to apply for Unitary Patent | |
Note：
1. The term "Design" specifically refers to the Registered Community Design (RCD).
2. Failure to respond within the specified period will result in the application being considered as withdrawn.
3. As of June 1, 2023, a Unitary Patent registered through the European Patent Office provides uniform protection and equal effect among the member states that have approved and implemented it. Currently, the effectiveness of the Unitary Patent extends only to the following 17 member states: Austria, Belgium, Bulgaria, Denmark, Estonia, Finland, France, Germany, Italy, Latvia, Lithuania, Luxembourg, Malta, the Netherlands, Portugal, Slovenia, and Sweden.