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Regional patent guide · Updated

European patent applications (EPO)

One application is searched, examined and granted centrally by the European Patent Office (EPO), giving protection in 40 member states and 6 extension and validation states. After grant you can register a Unitary Patent with uniform effect in 18 EU countries and validate nationally in the others.

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Briefly describe the invention and the target countries; an agent assesses and quotes. Patent filings are handled through an affiliated patent agency.

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European patent applications (EPO)

Five questions first

Which route?File a European application directly within 12 months of your first filing, or file a PCT application first and enter the European phase within 31 months of the priority date.Details ↓What do I need?Description, claims, abstract and drawings. You can file in any language and supply an English, French or German translation within 2 months; applicants outside the member states need a European patent attorney.Details ↓How are official fees charged?In stages: filing, search, designation, examination and grant fees total from EUR 5,595, plus yearly renewal fees from the 3rd year; eligible small entities get 30% off.Details ↓How long until grant?Search reports took 5.5 months on average in 2024 (official statistics). Examination time then varies case by case; you can request free acceleration under PACE.Details ↓What are the main risks?Amendments cannot go beyond the application as filed; a missed deadline means deemed withdrawal; validation deadlines follow grant, and one court action can revoke a Unitary Patent everywhere.Details ↓
Key facts

Patents at the EPO: key facts

OfficeEuropean Patent Office (EPO), the executive body of the European Patent Organisation; it handles patents only, not trademarks or designs. Website and search links: IP Toolbox.
LawEuropean Patent Convention (EPC) and its Implementing Regulations; the current Guidelines for Examination are the April 2026 edition, in force since 1 April 2026
Member states40, including all 27 EU member states plus the United Kingdom, Switzerland, Norway, Turkey and others; Moldova has been a member state since 1 June 2026
Extension and validation states1 extension state: Bosnia and Herzegovina; 5 validation states: Morocco, Tunisia, Cambodia, Georgia and Laos. Request and pay within the time limit for the designation fee
Language of filing (statutory)Any language; if it is not English, French or German, a translation into one of them is due within 2 months of filing, and that language becomes the language of proceedings
Foreign applicantsApplicants with no residence or principal place of business in a member state must act through a European patent attorney in all proceedings other than filing the application
Priority (statutory)12 months from your first filing; a copy of the priority document within 16 months of the earliest priority date
Entry into the European phase (statutory)Within 31 months of the priority date for PCT international applications
Request for examination (statutory)Within 6 months of publication of the European search report, together with the examination and designation fees and a reply to the search opinion
Before grant (statutory)Within 4 months of the communication of intention to grant: pay the grant fee and file translations of the claims into the other two official languages
Effect after grant (statutory)Unitary effect can be requested within 1 month of the mention of grant; countries that require a translation generally require it within 3 months of the mention of grant
Renewal feesPaid to the EPO every year from the 3rd year after filing, up to the year in which grant is mentioned; after that to each country or, for a Unitary Patent, to the EPO
Opposition (statutory)Within 9 months of the mention of grant; anyone can file with the EPO, and the outcome applies in all countries where the patent has effect
Term20 years from the filing date; products that need marketing authorisation, such as medicines, can obtain extended protection under national rules

Checked on 2026-10-07; general information only — the office's published rules and fees prevail.

Which route

Direct European filing or PCT entry into the European phase

Both routes end with examination and grant by the EPO, and the granted patent has the same effect either way. They differ in when you file, when you pay and who carries out the search.

ItemDirect European applicationPCT entry into the European phase
Filing deadlineWithin 12 months of your first filing, if you claim its priorityEnter the European phase within 31 months of the priority date
LanguageFile in any language (Chinese, for example) and supply an English, French or German translation within 2 monthsIf the international application was published in another language (Chinese, for example), file an English, French or German translation within 31 months
SearchThe EPO draws up the European search; the search fee is paid on filingIf another authority, such as the China National Intellectual Property Administration (CNIPA), did the international search, a supplementary search fee is due on entry; not if the EPO did it
Fee timingFiling and search fees on filing; examination and designation fees within 6 months of publication of the search reportThe main fees are deferred to around the 31st month, so you can see the international search results before deciding to enter
AccelerationRequest PACE accelerated examination at the examination stageRequest early entry into the European phase, waive the Rule 161/162 communication, then request PACE; work results from the CNIPA and other IP5 partner offices can be used under the Patent Prosecution Highway (PPH)
Best forYou already know you want protection in Europe and want search results and grant as early as possibleYou are filing in several countries, or are still assessing the European market and want to defer decisions and costs

You cannot save money by designating only some countries: one designation fee covers all 40 member states. What really decides where the patent has effect, and what it costs, is the choice you make after grant (see "Where the patent takes effect after grant" below).

For filing services, see Patent Application and PCT International Application.

What to prepare

Documents checklist

Applicants usually prepare the following documents and information. If you have no residence or place of business in a member state, a European patent attorney must handle all proceedings after filing; professional representatives usually need not file a signed authorisation unless the EPO asks for one.

Applicant and inventor

  • Applicant's name, address and country
  • Inventor's name and address; if the applicant is not the inventor, how the right to the patent was acquired (for example, an employee invention or an assignment)
  • If you qualify as a small entity (see the fees section), tick the declaration on the request form, at the latest when you first pay a reduced fee

Application documents

  • Description, claims and abstract, plus drawings if there are any
  • More than 15 claims or more than 35 pages: claims fees and page fees are added
  • Nucleotide or amino acid sequences: a sequence listing in the standard format

Language and translation

  • A direct filing can be in any language; if it is not English, French or German, file a translation into one of them within 2 months of filing
  • If you file in another language, that text is the application as filed, and the translation can be corrected during proceedings to bring it into line with it
  • PCT applications published in another language: file the translation within 31 months

Priority

  • Number and filing date of the earlier application
  • A copy of the priority document within 16 months of the earliest priority date; if your office of first filing takes part in the WIPO Digital Access Service (DAS), give the access code and the EPO retrieves it free of charge
  • If the earlier application is not in English, French or German and the validity of the priority claim matters for patentability, the EPO will ask for a translation or a declaration that the European application is a complete translation of it

From 1 April 2027 the EPO goes fully digital: applications and later documents must in principle be filed online, and communications will generally go only to the MyEPO mailbox, with no paper copy. Paper filing remains possible as an exception to secure a filing date or meet a time limit, but the same documents must then be filed electronically within 2 months of the EPO's invitation; otherwise the application is refused and other documents are deemed not received. Certified paper copies and similar documents are not affected.

How long

Process and timeline

Example: a direct European application. A PCT application that enters the European phase within 31 months picks up from the second or third step.

  1. Step 1

    Filing

    Pay the filing and search fees; if you file in another language, supply the translation within 2 months (statutory)

  2. Step 2

    Search report and written opinion

    The EPO aims to issue it within 6 months; 5.5 months on average in 2024 (official statistics)

  3. Step 3

    Publication and request for examination

    Published 18 months from the priority date; within 6 months of publication of the search report, request examination, pay the examination and designation fees and reply to the search opinion (statutory)

  4. Step 4

    Substantive examination

    Reply to communications and amend the application; under PACE, the EPO aims to issue the next communication within 3 months

  5. Step 5

    Intention to grant

    Within 4 months, pay the grant fee and file the claims in the other two official languages (statutory)

  6. Step 6

    Grant and validation

    Request unitary effect within 1 month; national validation generally within 3 months; the 9-month opposition period starts (statutory)

Examination has no standard duration: it depends on the technical field, how quickly you reply and how many amendments are needed. In describing the PCT route, the EPO gives a reference of 31 months for the international phase and possibly about 38 more months after entry into the European phase; this is the EPO's indicative figure, not a statutory time limit, and individual cases can be shorter or longer. To speed things up, request PACE at the examination stage (no fee; since 1 February 2026 it applies only to examination) and avoid asking for extensions.

How to read the periods: "statutory" = set by law; "official statistics" = averages published by the office; "estimate" = typical cases. Actual timing varies.

After grant

Where the patent takes effect after grant

After grant you must decide, within the time limits that follow the mention of grant, where the European patent will have effect. The Unitary Patent and national validation can be combined.

Unitary Patent (18 countries)

Requested from the EPO within 1 month of the mention of grant, it has uniform effect in Austria, Belgium, Bulgaria, Denmark, Estonia, Finland, France, Germany, Italy, Latvia, Lithuania, Luxembourg, Malta, the Netherlands, Portugal, Romania, Slovenia and Sweden, with a single renewal fee. Its coverage is fixed at registration: countries that join later are not added.

National validation (other member states)

The United Kingdom, Switzerland, Spain, Poland, Turkey, Norway, Ireland and others are outside the Unitary Patent; validate in each country you need. Where a translation is required, it is generally due within 3 months of the mention of grant.

Translation requirements (London Agreement)

The 23 London Agreement states have dispensed with or reduced translation requirements: Germany, France, the United Kingdom, Switzerland, Ireland and others no longer require translations; the Netherlands, Sweden, Denmark and others require only the claims in their language, and no translation of the description if the patent was granted in English. Countries that have not joined, such as Spain, Italy and Poland, can require a translation of the whole patent into their language.

Extension and validation states

Bosnia and Herzegovina (extension state) and Morocco, Tunisia, Cambodia, Georgia and Laos (validation states) are not member states: request extension or validation and pay the fee within the time limit for the designation fee, then complete the local formalities after grant.

During the transitional period, a request for unitary effect must include a full translation of the specification: into English if the language of proceedings is French or German, or into any other official EU language if it is English. This translation is for information only and has no legal effect on the patent.

How much

Official fees

EPO fees are paid in euros at successive stages of the procedure and do not depend on the number of states (one designation fee covers all member states). The table shows the fees in force from 1 April 2026, which apply to payments made on or after that date.

FeeWhen to payOfficial fee (EUR)
Filing feeOn filing; on entry into the European phaseOnline 135; other than online 285
Page feeWith the filing fee, if the documents exceed 35 pages17 per page from the 36th page
Search fee (European or supplementary European search)On filing; on PCT entry (not due if the EPO did the international search)1,595
Claims feeFor more than 15 claims290 per claim for claims 16–50; 720 per claim from the 51st
Designation fee (covers all member states)Within 6 months of publication of the search report720
Examination feeWithin 6 months of publication of the search report2,010; 2,240 for PCT applications where the EPO did the international search and draws up no supplementary search
Grant fee (including publishing)Within 4 months of the communication of intention to grant1,135
Renewal fees for the applicationEvery year from the 3rd year after filing, up to the year in which grant is mentioned3rd year 725, 4th 885, 5th 1,050, 6th 1,215, 7th 1,375, 8th 1,540, 9th 1,700, 10th and each later year 1,865
Additional fee for late renewalIf paid within the 6-month grace period after the due date50% of the renewal fee due
Further processing feeRequested within 2 months of the communication after a missed time limit50% of the fee concerned for late payment; 315 in other cases
Opposition feeWithin 9 months of the mention of grant (paid by the opponent)880

Source: European Patent Office, Rules relating to Fees, Article 2 (Administrative Council decision CA/D 9/25, OJ EPO 2026, A2), in force since 1 April 2026; checked on 2026-10-06.

Example: a European application filed online, with no more than 35 pages and 15 claims, pays five basic fees from filing to grant: 135 + 1,595 + 720 + 2,010 + 1,135 = EUR 5,595. If it is still pending in the 3rd year, the 3rd-year renewal fee of EUR 725 is also due, rising each year after that.

Small entities (natural persons; micro-enterprises with fewer than 10 employees and an annual turnover or balance sheet total of no more than EUR 2 million; non-profit organisations, universities and public research organisations) that have filed fewer than 5 applications with the EPO in the last 5 years get 30% off the filing, search, designation, examination and grant fees and the renewal fees for the application, whatever their nationality. With the reduction, the example above comes to about EUR 3,917.

National validation fees, translation costs and national renewal fees after grant are extra and vary from country to country; requesting unitary effect is free.

Service fees are quoted by the agent after you submit the order; you pay only after accepting the quote.

Watch out

Rules specific to the EPO and common examination issues

These rules are specific to EPO proceedings and often catch out foreign applicants.

No amendments beyond the application as filed

Under Article 123(2) EPC, no amendment during examination may add subject-matter that was not disclosed in the application as filed, and the EPO applies this strictly. Writing the technical features, embodiments and parameter ranges you may need into the description at filing is far more reliable than trying to repair it later.

Inventive step is assessed by the problem-solution approach

The EPO identifies the closest prior art, formulates the objective technical problem and then asks whether the solution would have been obvious to the skilled person. Setting out the technical effects and comparative data in the description gives you firmer ground when you reply to objections.

Software and business methods need technical character

Mathematical methods, business methods and computer programs "as such" are not patentable inventions (Article 52 EPC). For applications involving algorithms or software, state what technical problem they solve and what technical effect they produce.

Linked deadlines: miss one and the application is deemed withdrawn

Within 6 months of publication of the search report, you must request examination, pay the examination and designation fees and reply to the search opinion. If a renewal fee is still unpaid after the 6-month grace period, the application is likewise deemed withdrawn. Most time limits can be rescued by paying for further processing within 2 months of the communication, but some, such as the priority period, cannot.

Validation deadlines after grant: miss one and the patent fails there

Countries that require a translation generally require it, with a fee, within 3 months of the mention of grant; if you miss the deadline, the patent can be treated as void from the outset in that country. London Agreement states have dispensed with or reduced translation requirements; countries that have not joined, such as Spain, Italy and Poland, can require a translation of the whole patent into their language.

One action can revoke a Unitary Patent in all 18 countries

A Unitary Patent can only be enforced and challenged before the Unified Patent Court (UPC): a single revocation action can end it in all 18 countries at once, and renewal fees can only be paid for the whole, not for selected countries. During the transitional period until 31 May 2030, classic European patents can be opted out of the UPC's jurisdiction and stay with the national courts.

After grant

Keeping the patent in force

Before grant, renewal fees for the application are paid to the EPO; after grant, the patent is maintained according to the way it took effect.

WhenWhat to doOfficial fee
Every year from the 3rd year after filing (before grant)Pay the renewal fee for the application to the EPO; it falls due on the last day of the month containing the anniversary of the filing date, and payment within the 6-month grace period costs 50% extra3rd year EUR 725, rising each year to EUR 1,865 from the 10th year
Within 1 month of the mention of grantRequest unitary effect, with a full translation of the specification (into English if the language of proceedings is French or German; into any other official EU language if it is English)Free
After the mention of grant, generally within 3 monthsValidate in the countries you need outside the Unitary Patent, filing translations as each country requiresUnder national rules
Every year after grantFor a Unitary Patent, pay one renewal fee to the EPO; for national validations, pay renewal fees in each countryUnitary Patent: EUR 315 for the 5th year, EUR 1,175 for the 10th; national fees vary
Within 9 months of the mention of grantWatch for third-party oppositions; if an opposition succeeds, the patent may be revoked or maintained in amended formOpposition fee EUR 880, paid by the opponent
Any timeRecord transfers of the application with the EPOFree via MyEPO; EUR 125 by other means

Unitary Patent renewal fees are collected centrally by the EPO and total less than EUR 5,000 over 10 years (EPO figures); filing a statement on licences of right, offering a licence to anyone, reduces them by 15%.

FAQ

Patent applications at the EPO

How much does a European patent application cost?

Counting official fees only: for an application filed online with no more than 35 pages and 15 claims, the five basic fees from filing to grant total EUR 5,595 (fees from 1 April 2026). Renewal fees are also due every year from the 3rd year, starting at EUR 725. Eligible small entities, individuals and universities get 30% off.

Validation translations and national renewal fees after grant are extra, so the total depends mainly on how many countries you keep the patent in. Service fees are quoted by the agent after you submit the order; you pay only after accepting the quote.

Which countries does a European patent cover?

The EPO has 40 member states, including all 27 EU countries plus the United Kingdom, Switzerland, Norway, Turkey and others; Moldova became a member state on 1 June 2026. Protection can also be extended to Bosnia and Herzegovina and validated in Morocco, Tunisia, Cambodia, Georgia and Laos.

A granted European patent does not take effect everywhere automatically: you either register a Unitary Patent (covering 18 EU countries) or validate in each country you need, and the two can be combined.

Can I file in a language other than English, French or German?

Yes. A direct filing can be in any language (Chinese or Spanish, for example), but you must file an English, French or German translation within 2 months, and the language you choose becomes the language of the whole procedure. The text filed in the original language is the application as filed, so translation errors can be corrected against it.

For PCT applications published in another language, file a translation into English, French or German on entry into the European phase (within 31 months).

How long does a European patent take, and can it be accelerated?

Search reports were issued in 5.5 months on average in 2024 (EPO statistics); substantive examination has no standard duration and depends on the technical field and on your replies.

Ways to speed it up: file a PACE request at the examination stage (no fee; one request per application at that stage, and asking for an extension takes the application out of PACE); for PCT applications, request early entry into the European phase and waive the Rule 161/162 communication; if a Patent Prosecution Highway (PPH) partner office such as the CNIPA has found your claims allowable, request acceleration under the PPH.

Unitary Patent or national validation: which should I choose?

Unitary effect is requested from the EPO within 1 month of the mention of grant and gives uniform effect in the 18 EU countries that have ratified the Agreement on a Unified Patent Court, with a single renewal fee; it suits inventions you want to protect in several EU countries. It can only be enforced before the Unified Patent Court, and one revocation action can end it in all 18 countries at once.

If you only need two or three countries, or want to avoid the risk of central revocation, validate nationally and, during the transitional period until 31 May 2030, opt out of the Unified Patent Court's jurisdiction. The United Kingdom, Switzerland, Spain, Poland, Turkey and others are outside the Unitary Patent and still require national validation.

Is a European patent the same as an EU trademark or EU design?

No. European patents are examined and granted by the European Patent Office (EPO); EU trademarks and EU designs are registered by the European Union Intellectual Property Office (EUIPO). They are different offices and systems. For EU trademarks, see EU trademark registration.

Other IP rights

Trademarks and designs: the EPO does not handle trademarks or designs. EU trademarks and EU designs are filed with the European Union Intellectual Property Office, and one application covers all EU member states; see EU trademark registration.

Patent applications are handled through an affiliated patent agency.

What about EU trademarks?

EU trademark registrationOne application covers all 27 EU member states: routes, official fees, timeline and oppositions.

Other countries and territories in the region

Benelux Office for Intellectual Property · GCC Patent Office · Trademark registration in Europe: country guides

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Notice: the services described on this page are carried out by locally licensed partner firms; J&C is your point of contact and coordinates and delivers the work. Fees shown are estimates; official fees are those actually charged by the office and the final quote is confirmed by an agent. Examination times are set by each office and the outcome depends on official examination; we make no promise as to results. By submitting an order you agree that the information needed for the work is shared with the relevant partner firm (which may be outside your country). This page is general information, not legal advice.

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