• A patent in Europe can be filed either with the national patent office or with the EPO.Urkunde - Zeugnis image by Marem from Fotolia.com
  
  Europe does not have one single patent system, it has two. Most European countries are signatories to the treaties setting up the European Patent Organization (EPO), which hosts the European Patent Office. This is an organization which grants patents on a European basis.
  
  However, each country has its own patent legislation, as well as national patent offices. The prosecution of patents in Europe is done in the national courts. The system is slightly different in each of the 26 signatories to the European Patent Convention, which regulates the EPO.
  
  All European countries are also signatories to the WIPO, the World Intellectual Property Organization.
  
  

European Patent Organization

• It is neither part of the European Union nor the national patent offices. The EPO has more members than the European Union.
  
  The national patent offices still exist, and a patent can be filed with either the EPO or the national patent office in most countries. If a patent is filed with the national patent office, it has to be filed in the national language of that country in most cases. An EPO patent only has to be translated into a limited set of languages.
  
  A patent granted by the EPO can be appealed in one of the 26 EPO Boards of Appeal as well as the national courts. The boards are independent of both the European Patent Office and the national patent organizations. The member states are: Albania, Austria, Bulgaria, Belgium, Croatia, Czech Republic, the Republic of Cyprus, Denmark, Estonia, Spain, Finland, France, Germany, Greece, Hungary, Iceland, Ireland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Macedonia (Former Yugoslav republic of), Monaco, Holland, Norway, Poland, Portugal, Romania, San Marino, Slovakia, Slovenia, Sweden, Switzerland, Turkey, United Kingdom.
  
  The EPO secretariat is in Munich.
  
  EPO
  
  D-80298 München
  
  +49-89 / 2399 - 1101
  
  Fax +49-89 / 2399 - 2891
  
  

European Patent Office

• The European Patent Office has five locations in Europe. Patent applications can be filed in person, via fax, online, or by postal mail.
  
  Munich branch:
  
  80298 Munich
  
  Germany
  
  Tel. : +49 89 2399-0
  
  The Hague branch:
  
  Postbus 5818
  
  2280 HV Rijswijk
  
  The Netherlands
  
  Tel.: +31 70 340-2040
  
  Berlin branch:
  
  10958 Berlin
  
  Germany
  
  Tel: +49 30 259 01-0
  
  Vienna branch:
  
  Postfach 90
  
  1031 Vienna
  
  Austria
  
  Tel: +43 1 5 21 26-0
  
  Brussels branch:
  
  Av. de Cortenbergh, 60
  
  1000 Brussels
  
  Belgium
  
  Tel.: +32 2 274 15 90
  
  

National Patent Offices

• The member states of the EPO all have their own patent offices. They are each headquartered in their respective countries. A list can be found at Reference 3.
  
  

Patent Courts

• Even though the EPO is increasingly managing the patent applications, the national patent laws of each European country still regulate the patenting and patent prosecution process. Patent prosecution in Europe is done through the national courts. The system varies for each country, with some countries having separate patent courts, others allowing the prosecution in the national court.
  
  The national legislature in each country decides the national legislation.
  
  

Patent Attorneys and Lawyers

• Each country has its own process for appointing lawyers and patent attorneys. The EPO has a process for appointing European patent attorneys, however. See Reference 4 for a list of directories of European and national patent attorneys.
  
  

World Intellectual Property Organziation

• All European countries are signatories to the World Intellectual Property Organization, or WIPO, which is a United Nations agency specialized in making sure intellectual property is managed in an effective way on a global basis.
  
  WIPO
  
  34, Chemin des Colombettes
  
  1211 Geneva, Switzerland
  
  Telephone: +41 22 338 91 11