A European patent is a patent granted by the European Patent Office (EPO) under the European Patent Convention (EPC), which provides a centralised examination process for obtaining patent protection across Europe.

Rather than filing separate national applications, a single European patent application can be used to pursue protection many EPC member states simultaneously, including both European Union countries and non-EU countries such as the United Kingdom, Switzerland, Norway and Turkey.

What happens after grant?

Traditionally, once granted, a European patent becomes a bundle of individual national patents in the countries selected by the applicant. Each national patent is then:

• Subject to national laws
• Enforced through national courts
• Maintained via country-specific renewal fees

Unitary Patent option

Since 2023, patentees may instead request a Unitary Patent (UP) for participating countries.

A Unitary Patent:

• Provides a single right covering multiple countries
• Eliminates the need for separate national validations in those countries
• Requires a single renewal fee
• Can be enforced centrally through the Unified Patent Court (UPC)

However, a UP does not cover all EPC countries and is not always the most cost-effective option, particularly where protection is only needed in a limited number of jurisdictions.

For more information on a UP and the UPC, please see our guide here: A guide to the Unitary Patent and Unified Patent Court (UPC) – IP Insights – Wilson Gunn

Enforcement

For Unitary Patents, enforcement and revocation can take place centrally via the UPC, with effect across multiple countries.

For traditional European patents that are active at the national level, infringement and validity are determined independently by the national courts of each country in which the patent is in force.

In addition, unless the European patent is opted out of the UPC jurisdiction, central revocation actions before the UPC are possible against such European patents.

Why use the European patent system?

The European patent system provides a streamlined and cost-effective route to multi-country protection primarily reducing duplication in examination across jurisdictions.

Used strategically, it remains one of the most efficient ways to obtain patent protection across Europe.

Wilson Gunn can advise on all aspects of intellectual property protection. Please get in touch to speak to a member of our team about patent protection.