How to apply for a European (EP) patent - Application guide for EP patent

Oct 29, 2026

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A practical guide explains how to apply for an EP (European) patent and how it differs from other European patent routes. It outlines the main alternatives, including PCT-based filing and direct EP patent applications at the EPO. The guide clarifies key definitions such as European Patent versus unitary patent, describes the validation and fee-driven activation of protection, and walks through the core application stages from filing to grant and post-grant actions. It also covers how to confirm whether a patent is the right protection choice.

LanguageEnglish

CategoryTechnology

FormatPDF

Pages9

Reading Time23 min

AccessFree to download

PCT Application and EP Patent

1. PCT application

2. EP patent

What exactly is a “European Patent”?

EP patent vs unitary patent

Before applying: Heading in the right direction and doing your research

Choosing the right type of protection

Selecting countries and deciding between EP and national filings

Overview of all included steps

Before applying

Filing the application

Examination on filing and formalities examination

Research done by the EPO

Publication of the application

Substantive examination

Granting your patent

Validation

After the patent has been granted: objection and limitation

What to do in case your patent application is rejected

How to apply for a European (EP) patent Have you just invented a technical product, device or process? Of course you want to protect your invention and benefit from it in the long run. If your invention meets all necessary conditions, you can apply for a patent. In this guide we’ll deal especially with the application process for an EP patent. This is one of the most popular methods to get your invention protected in Europe. But before we get started, let’s have a look at all existing possibilities to patent a technical product in Europe. PCT Application and EP Patent 1. PCT application: You can apply for a national patent at first, for example in Germany. On the basis of this national patent you can then file an international patent application according to the patent cooperation treaty (PCT) . The protection in Europe derives from this international application. The biggest advantage of this method is that you can easily access extensive international protection for your invention. You also gain a lot of time to ultimately decide in which countries you want your innovation to be patent-protected. 2. EP patent: If protection in the European states has a special priority for you, you can apply directly for an EP patent at the European Patent Office (EPO) . One big advantage of this method is that it not only applies for states who are members of the European Union, but for all states who have signed the European Patent Convention (EPÜ) . This means, for example, that you can get your invention patentprotected in Turkey although this country is not a member of the EU. As you can already imagine, the application for a patent in Europe can get really complicated. Therefore we have prepared this how-to guide for you, which especially covers all steps of method 2, i.e. of how to apply for an EP patent directly at the EPO. But first, let’s outline some important definitions and the most relevant aspects of the EP patent. What exactly is a “European Patent”? The term“EP patent” can easily be mixed up with similar terms. Make sure to not confuse the EP patent (which is the topic of this guide), with the so-called “Europäisches Einheitspatent”, to which we’ll refer as the Unitary patent. The latter (unitary patent) is a method to standardize applying for patents in Europe and shall be valid from 2016. The EP patent, on the other hand, is a method currently valid and widely used. The EP patent will still be in effect parallel to the unitary patent. 􀁸 The application for an EP patent is submitted directly at the EPO, who will check your application and, at best, grant your patent. It is only after it has been validated by all included EPÜ members and after you have paid all national fees, that the patent protection for your invention is really active in every single state. 􀁸 The unitary patent is also submitted at and checked by the EPO. But the difference is that with this method no national validations and additional national fees will be required to make the patent protection come into effect. After you have paid all fees required by the EPO and after they have granted your patent, patent protection will be active all over Europe. 􀁸 The application for a unitary patent shall be more cost-effective than the current method of applying for an EP patent. Unfortunately, the unitary patent will only provide patent protection in EU member states. This means, that in those countries who have signed the EPÜ, but are not members of the EU, additional national patent applications have to be filed. So until today it is not clear whether the unitary patent patent will really be more cost-effective than the current EP patent. In our guide we’ll cover the process of applying for an EP patent. Now, let’s have a look at our overview of all included steps (by clicking on a single point you can directly access the connected section): 1. Before applying: Heading in the right direction and doing your research 2. Filing the ap

FAQs

What are the main ways to protect a technical invention in Europe?

The guide presents two main routes: a PCT application first, followed by European protection based on the international application, or a direct EP patent application filed at the EPO.

How does an EP patent differ from the unitary patent?

The guide explains that the unitary patent is intended to standardize protection, but it does not rely on national validations and additional national fees the same way. In contrast, an EP patent’s protection becomes active in each state after validation and payment of national fees.

What steps are included after you decide to apply for an EP patent?

The guide lists stages from preparing before filing, to filing the application, formalities and examination, EPO research, publication, substantive examination, granting, validation, and post-grant actions like objection and limitation, plus what to do if rejected.

Oct 29, 2026

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