PCT NATIONAL PHASE ENTRY
EPO

The profound significance of the European patent looms as a beacon of efficiency and strategic advantage. With the elegance of a single European application, it is possible to effortlessly secure and validate patent across a staggering expanse of more than 39 contracting states. This formidable instrument emerges as the quintessence of cost-effectiveness, an unparalleled alternative for those with grand aspirations to herald their inventions across the European landscape. It stands not just as a patent application but as a sovereign gateway to a realm where innovation meets a harmonious synergy of unparalleled reach and economic prudence.

European Patent Organisation includes Austria, Belgium, Bulgaria, Switzerland, Cyprus, Czech Republic, Germany, Denmark, Estonia, Spain, Finland, France, United Kingdom, Greece, Croatia, Hingary, Iceland, Ireland, Italy, Liechtenstein, Lithuania, Luxembourg, Latvia, Monaco, Montenegro, North Macedonia, Malta, Netherlands, Norway, Poland, Portugal, Romania, Serbia, Sweden Slovenia, Slovakia, San Marino, Turkey.

The major requirements and procedure to file a patent application in EPO are mentioned below:

The designated period for submitting a patent application in EPO under the framework of the Patent Cooperation Treaty (PCT) is 31 months from the earliest date of priority.

In the following region's patent system, English, French, German is the designated official language for submitting patent applications. In cases where the international application is presented in a language other than the official languages, it becomes mandatory to translate. This requirement underscores the critical need for accurate communication and strict conformity to regulatory standards, highlighting the utmost importance of clear and precise documentation in the patent process.

No extension is available for filing late entry into national phase in EPO.It operates in three official languages: English, French, and German. While applications for a European Patent can be submitted in any language, a translation into one of the official languages is required within two months from the filing date. This ensures effective communication and comprehension within the multilingual framework of the European Patent Office.

The essential documents required for filing a national phase application include:

• Power of Attorey: if the applicant lacks a residence or a principal place of business within the territory of any Contracting State of the European Patent Convention, the appointment of an agent is requisite. This agent serves as the authorized representative for matters pertaining to the patent application within the framework of the Convention. This appointment ensures proper legal representation and adherence to procedural requirements for applicants without a physical presence within the territory of a Contracting State.

• Priority Document: it is mandatory to provide a certified copy of the Priority Document. This ensures the authenticity and verifiability of the document related to the priority claim in the patent application.

No search fee is required in the following cases:

• When the international search report is conducted by the EPO.
• For international applications filed before July 1, 2005, if the international search report is established by the Austrian Patent Office, the Spanish Patent and Trademark Office, or the Swedish Intellectual Property Office.
• For international applications filed between April 1, 2005, and June 30, 2005, with the international search report conducted by the Finnish Patent and Registration Office.

Additionally, there is a reduction of EUR 1,24514 in the search fee for international applications when the international search report or a supplementary international search report is established by specific patent offices, including the Austrian Patent Office, the Finnish Patent and Registration Office, the Nordic Patent Institute, the Spanish Patent and Trademark Office, the Swedish Intellectual Property Office (PRV), the Turkish Patent and Trademark Office or the Visegrad Patent Institute.

The examination fee undergoes a significant 75% reduction when the international preliminary report on patentability is conducted by the EPO. Additionally, in specific instances, a 30% reduction in the examination fee is granted for language-related considerations.

A European patent is granted only if the application meets the strict requirements laid out in the EPC during the thorough examination process. Crucially, the examination process is initiated solely upon a specific and explicit request. This request, appropriately submitted using the designated form, holds no legal standing until the examination fee is settled, marking the official commencement of the examination process.

The Patent Prosecution Highway (PPH) is a way to expedite the evaluation of a patent application. It becomes applicable when a corresponding patent application is already considered allowable by one of the PPH partners. 

PCT-PPH is one of several teamwork initiatives. Various patent offices have agreed to work together to help applicants get their patents faster. In the national phase, where patent examiners review applications, they can use information and findings from each other's offices. These shared findings can include:

• The information from the International Searching Authority's written opinion,
• The International Preliminary Examining Authority's written opinion, or
• The international preliminary examination report under the PCT can be used by patent examiners during the process, but there are certain conditions that must be met.

The European Patent Office Office has established PCT-PPH agreements with:

• Australia (AU): Australian Patent Office
• Canada (CA): Canadian Patent Office 
• Israel (IL): Israel Patent Office
• Russia (RU): Federal Service for Intellectual Property
• Singapore (SG): Intellectual Property Office of Singapore

This office actively engages in the IP5 Patent Prosecution Highway pilot program.

Renewal fees are due from the third year onward after the international filing date. Timely payment is crucial, requiring settlement before the end of the month containing the anniversary of the international filing date. However, even if payment is delayed, it can still be made within the sixth month after the anniversary month, albeit with a 50% surcharge.

It's noteworthy that a renewal fee due within the 31-month limit can be paid without a surcharge until the 31-month deadline. In case of delayed payment within six months after the 31-month limit, a 50% surcharge is applicable. If the renewal fee is not paid within this extended period, the application is considered withdrawn.

For any lapse in meeting the renewal fee deadline, a remedy exists through a request for the re-establishment of rights. Additionally, the renewal fee for the third year cannot be paid more than six months in advance, while all other renewal fees should not be settled more than three months before their due dates.

Patent term extensions via supplementary protection certificates (SPCs) can be provided in europe. Supplementary Protection Certificates (SPCs) offer a valuable extension of the patent term, granting patent owners an additional period of up to five years. This extension serves as compensation for delays arising from regulatory processes, specifically related to obtaining marketing authorizations for medicinal and plant protection products. SPCs play a crucial role in ensuring that patent holders receive adequate protection and reward for their innovations, considering the time-consuming nature of regulatory approval procedures.