malihehhosseini
Deleted user
Lawyer
posted 2 years ago
Patent registration
We are a tech company operating in the UK and have an asset that could be registered as a patent. How can I register it in a way that will be protected all around Europe?
Country
  • United Kingdom
Fields:
  • Intellectual Property
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guillaumeb
Deleted user
Lawyer
posted 2 years ago
Regarding your question. As of now (this may change by the end of 2022) there are no patent which you can obtain which is valid in all European countries. You need to file for identical patents in each jurisdiction of interest (e.g., France, Germany, Italy, Spain, etc.). In this context you may contact lawyers or Patent Attorneys in each of these jurisdictions and proceed forward, though it is quite expensive and time consuming. As mentioned in the previous answer, an alternative exists. The European Patent Office ("EPO"), which is an organization with more than 50 European member states (UK included - even after Brexit) provides for a "bulk filing" of patents. When an "EP" patent request is filed, the EPO will process and examine the request in order to assess the patentability of the invention at stake. Once the patentability has been confirmed (which can take several years, especially if competitors oppose your request) an EP patent is delivered which allows you to get a corresponding "family of" patents in all jurisdictions of interest. In order to file for an EP patent, you may contact a professional representative or "mandataire agréé" (in French). Alternatively, if you still need some help please contact me. I can help you address some preliminary issues regarding patentability and use my network of Patent Attorneys to guide you towards the drafting and filing of the patent.
Deleted user
posted 2 years ago
The patent system in the UK has always been regulated by the national and international laws, not by the EU law. Therefore, you can always apply for patent and follow the procedure. However, there are a few changes in the system: Since January 1st 2021, the rules will not allow an address for a patent outside of the UK with regards to UK patent. Using an address for the same service in the EU or EEA won't be permitted also. Therefore, you can only apply for a patent if your address is registered on UK soil. First use Espacenet and check the availability of the patent. If it's free, you can apply - the procedure has 8 steps and it might take up to 5 years. The patent itself lasts for 20 years. Once you have a registered patent, you are protected in the UK, as well as, Europe.