The new EU Patent that is currently being debated within the European Union is completely different from the existing European patents, which are granted under the European Patent Convention (EPC).
European patents, once granted, become a bundle of nationally enforceable patents, in the designated states. Enforcement must be carried out through national courts in individual countries and revocation cannot be accomplished centrally once the nine-month opposition period has expired. Current procedures to apply for a patent are complicated and expensive. Once granted by the European Patent Office (EPO), patents have to be validated by every EU country where the inventor wishes to have protection. Apart from the administrative formalities, this procedure involves considerable expenses for translation. To protect an invention throughout the EU, a company has to pay up to € 32.000, as opposed to € 1.850 on average in the US. Continue reading