Patent Protection

Inventions that are new, involve an inventive step and are industrially applicable. Discoveries, scientific theories, aesthetic creations and computer programs as such are excluded under the European Patent Convention, but technical implementations, including many software-related inventions with a technical effect, can be protected.

A patent can be kept in force for up to 20 years from its filing date, provided the annual renewal fees are paid. For certain medicinal and plant-protection products, a supplementary protection certificate can extend protection.

It depends on your markets and budget. A first filing establishes a priority date; within 12 months you can extend it abroad, for example with a European patent application or an international PCT application, which keeps national options open until 30 or 31 months from the priority date.

Avoid any public disclosure before filing: in Europe an invention made public before the filing date is generally no longer new. Use a non-disclosure agreement for discussions with partners, investors or manufacturers until the application is filed.

The Unified Patent Court (UPC) is a court common to participating EU member states. Since June 2023 it decides on the infringement and validity of European patents with effect in those states. Emmanuel E. Jelsch is a UPC Representative.