At GreatNor IP Law, we know that all patent protection must be subject to an exhaustive preliminary study of the economic and commercial interests of each and every applicant. If the goal is to protect the invention in several countries of Europe, we recommend using the European patent system.
In accordance with the European Patent Convention (EPC) of October 1973, patent protection can be granted in EPC contracting States by means of a single procedure.
Any individual or legal entity, or any company regarded as a legal entity, in accordance with applicable legislation, may apply for a European patent valid in all or several contracting States, or simply in a single state.
Currently, of the 38 Contracting States to the European Patent Convention,
Albania, Croatia, Iceland, Liechtenstein, the Yugoslav Republic of Macedonia, Monaco, Norway, San Marino, Serbia, Switzerland and Turkey accompany the 27 European Member States.
In each of the contracting States, a European patent has the same effects for which it is granted, and is subjected to the same system as a national patent granted in that State, subject to the provisions of EPC.
The European Patent is valid for 20 years, from the filing date of the application or priority date (if any).
International applications presented in accordance with the Patent Cooperation Treaty (PCT) may be subject to procedures in the European Patent Office.
Euro-PCT applications have 31 months from the date the application was filed or priority date (if any) to enter the PCT regional phase in Europe. Upon regional entry, the patent will continue with the procedure of an European Patent.
At GreatNor IP Law, we stress the importance of first acquiring a feasibility report from a study of the international search report, issued in the international phase of the PCT. Only then is national phase entry in Europe advised.
The feasibility report clears the way for several options:
1.-Entering national phase directly.
2.-Making amendments before entering, to avoid objections from the national phase offices where entry takes place.
At GreatNor IP Law, we are aware of the vital importance this study has for our clients in preventing economic losses. We therefore conduct the study ourselves and free of charge to our clients.
For applicants that are interested in the European market from the outset (i.e. from the first application to the PCT), we recommend choosing the European Patent Office (EPO) as the International Searching Authority. The report issued by the ISA enables us to anticipate its opinion on the patentability of the invention, as well as obtain a reduction in the fees corresponding to the search report once regional phase is entered in Europe.
In accordance with Council Regulation (EC) No 6/2002 of 12 December 2001, a design shall be protected as a European design if it is new and has individual character.
A design which is applied or incorporated in a product which constitutes a component part of a complex product shall be considered to be new and to have individual character:
a) If the component part, once it has been incorporated into the complex product, remains visible during normal use of the latter, and
b) To the extent that those same visible features of the component part fulfill in and of themselves the requirements of novelty and individual character. Normal use under a) shall refer to any use by the end user, excluding maintenance or repair work.
A design shall be considered to have individual character if the overall impression it produces on the informed user differs from the overall impression produced by any other design made available to the public:
a) If the design is unregistered in Europe before the date on which protection for the design is claimed.
b) If the design is registered in Europe before the date of filing the application for registration or, if a priority is claimed, the date of priority.
In assessing individual character, the degree of freedom of the designer in developing the design shall be taken into consideration.
Period of protection of the unregistered European design
Any design meeting the established requirements shall be protected as an unregistered European design for a period of three years from the date on which the design or model was first made public within the European Community.
Registration of a European Trademark produces the same effects throughout the European Union, and means protection in:
Germany, Austria, Belgium, Bulgaria, Cyprus, Croatia, Denmark, Slovakia, Slovenia, Spain, Estonia, Finland, France, Greece, Hungry, Ireland, Italy, Latvia, Lithuania, Luxemburg, Malta, Netherlands, Poland, Portugal, United Kingdom, Czech Republic , Romania and Sweden.
The application is one and the same in all 28 States of the European Union. Trademark registration grants protection for a period of 10 years from the date of application, renewable for successive 10-year periods.
If the trademark is not used within the five years following registration, cancellation of the registration for non-use of trademark may be requested. Cancellation can be prevented by using the trademark in any of the Member States of the European Union.
Bear in mind that registration of the European Trademark in a certain color means that use of the trademark is limited to the color filed for in the application; however, if applied for in black and white, use is allowed in any combination that the trademark holder desires, thereby amplifying protection.
If useful for business purposes, GreatNor IP Law advises converting European Trademark into national Trademark when the EUTM is denied by the European Union Intellectual Property Office.
The European Union is a member of the Madrid Protocol, enabling the European Union to be designated in an international registration.