共40個會員國，包含：
30個主要國家：BE(Belgium)比利時、DE(Germany)德國、FR(France)法國、LU(Luxembourg)盧森堡、NL(Netherlands)荷蘭、CH(Switzerland)瑞士、GB(United Kingdom)英國、SE(Sweden)瑞典、IT(Italy)義大利、AT(Austria)奧地利、LI(Liechtenstein)列支敦士敦、GR(Greece)希臘、ES(Spain)西班牙、DK(Demark)丹麥、MC(Monaco)摩洛哥、PT(Portugal)葡萄牙、IE(Ireland)愛爾蘭、FI(Finland)芬蘭、CY(Cyprus)賽普勒斯、TR(Turkey)土耳其、BG(Bulgaria)保加利亞、CZ(Czech Republic)捷克、EE(Estonia)伊斯坦尼亞、SK(Slovakia)斯洛伐克、HU(Hungary)匈牙利、PL(Poland)波蘭、IS(Iceland)冰島、MT(Malta)馬爾他、NO(Norway)挪威、SM(San Marino)聖馬利諾等。
10個延伸國家：SI(Slovenia)斯洛維尼亞、LT(Lithuania)立陶宛、LV(Latvia)拉脫維亞、RO(Romania)羅馬尼亞、HR(Croatia)克羅埃西亞、AL(Albania)阿爾巴尼亞、MK(Former Yugoslav Republic of Macedonia)南斯拉夫、RS(Serbia)塞爾維亞、波士尼亞與赫賽哥維那(Bosnia and Herzegovina)、蒙特內哥羅共和國(Montenegro)。
１. Application(提出申請文件)
可以指定國際PCT會員國之申請日為優先權日。
There are different routes to patent protection and the best route for you will depend on your invention and the markets your company operates in. The European Patent Office accepts applications under the European Patent Convention (EPC) and the Patent Cooperation Treaty (PCT). If you are seeking protection in only a few countries, it may be best to apply direct for a national patent to each of the national offices.
A European patent application consists of: a request for grant; a description of the invention;claims;drawings (if any);an abstract.
Applications can be filed at the EPO in English, French and German. Although the services of a professional representative are mandatory only for applicants residing outside Europe, the EPO advises all applicants to seek legal advice.
２.Filing and formalities examination(申請及程序審查)
The first step in the European patent granting procedure is the examination on filing. This involves checking that all the necessary information has been provided so that the application can be assigned a filing date. Your application must contain a request for a European patent, the designation of at least one contracting state to the European Patent Convention for which you are seeking protection, particulars identifying the applicant, a description, one or more claims, and must be filed in one of the prescribed languages.
This is followed by a “formalities” examination relating to certain formal aspects of the application, including the form and content of the request for grant, drawings and abstract, the designation of the inventor, the appointment of a professional representative and the fees due.
３.Search(新穎性調查EESR)
新穎性調查完畢後，歐盟會提供調查結果，讓申請人得以提出修正申請專利範圍，但不得逾越原來之實質範圍。
While the formalities examination is being carried out, a European search report is drawn up, listing all the documents available to the Office that may be relevant to assessing novelty and inventive step. The search report is based on the patent claims but also takes into account the description and any drawings. Immediately after it has been drawn up, the search report is sent to the applicant together with a copy of any cited documents and an initial opinion on the patentability of the claimed invention.
４.Publication of the application(申請後之公開)
歐盟申請後，於申請日起１８個月後會將申請內容公開於歐洲專利聯盟網站公開公報中，供他人查詢，即所謂早期公開制。
The application is published – normally together with the search report – 18 months after the date of filing or, if priority was claimed, the priority date. Applicants then have six months to decide whether or not to pursue their application by requesting substantive examination. Alternatively, an applicant who has requested examination already will be invited to confirm whether the application should proceed. Within the same time limit the applicant needs to decide which states to designate and must pay the designation fees and, if applicable, the extension fees. From the date of publication, a European patent application confers provisional protection on the invention in the states designated in the application. However, depending on the relevant national law, it may be necessary to file a translation of the claims with the patent office in question and have this translation published
５.Substantive examination(實體審查請求)
After the request for examination has been made, the European Patent Office examines whether the European patent application and the invention meet the requirements of the European Patent Convention and whether a patent can be granted. An examining division normally consists of three examiners, one of whom maintains contact with the applicant or representative. The decision on the application is taken by the examining division as a whole in order to ensure maximum objectivity.
申請日後於法定期間１～３年內必須繳交實體審查費及指定費，否則申請案會被判定無效。建議應與指定費同時繳交。或上述指定費及審查費，可於申請時同時繳交，加快審查速度。
６.The grant of a patent(核准專利權)
核准專利(The grant of a patent),專利內容將被公告於歐洲專利局專利公報
網站。此時，若初始申請係以英文為申請內容，必須另行提交其他二種官方語言，即德文與法文之申請專利範圍(the claims)，並辦理領取證書。
If the examining division decides that a patent can be granted, it issues a decision to that effect. A mention of the grant is published in the European Patent Bulletin once the translations of the claims have been filed and the grant and printing fees have been paid. The decision to grant takes effect on the date of publication. The granted European patent is a “bundle” of individual national patents.
７.Validation(法律上之認可)
核准專利後，必須向歐盟會員國家，個別提出登記(Validation)，並將專利說明書譯成各登記會員國家之語言，登記請求時間各會員國並不一致，但大部份均自公告於專利公報中2-3個月必須完成登記，未登記之會員國，並無法主張歐盟專利權。
Once the mention of the grant is published, the patent has to be validated in each of the designated states within a specific time limit to retain its protective effect and be enforceable against infringers. In a number of contracting states, the patent owner may have to file a translation of the specification in an official language of the national patent office. Depending on the relevant national law, the applicant may also have to pay fees by a certain date.
８.Opposition(異議)
專利核准後，第三人均得提出異議(Opposition)，此時就必須提出答辯，答辯費用依據內容而定。
After the European patent has been granted, it may be opposed by third parties –usually the applicant’s competitors – if they believe that it should not have been granted. This could be on the grounds, for example, that the invention lacks novelty or does not involve an inventive step. Notice of opposition can only be filed within nine months of the grant being mentioned in the European Patent Bulletin. Oppositions are handled by opposition divisions, which are normally made up of three examiners.
９.Appeal(上訴救濟)
專利權若被異議撤銷；或異議不成立，受不利處分之相對人均得提起救濟。
Decisions of the European Patent Office – refusing an application or in opposition cases, for example – are open to appeal. Decisions on appeals are taken by the independent boards of appeal.