Filling a Provisional Patent

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siderealnight
Posts: 1
Joined: Fri Sep 10, 2021 12:38 am

Filling a Provisional Patent

Post by siderealnight » Fri Sep 10, 2021 12:44 am

Hi

I have a product Idea. I would like to apply for something which in the US is considered a provisional patent .

The applications can be submited without paying any fee, and the fees can be paid within a year. At the point of paying the fees, you can apply for a proper patent.

I am in a tight budget, and I would like to apply for something like this in the EU - so that I can raise additional funds, and validate my idea.

I am based in Germany.

Is such a thing possible in the EU? Thank you.


EPO / Innovation Networks
Posts: 723
Joined: Wed Nov 12, 2014 3:36 pm

Re: Filling a Provisional Patent

Post by EPO / Innovation Networks » Mon Sep 13, 2021 1:35 pm

Dear user,
The EPO does not offer 'provisional' European patent applications as is for example the case with the USPTO.

Concerning your enquiry please note that under the European Patent Convention (EPC), any person who has duly filed, in or for any State party to the Paris Convention for the Protection of Industrial Property any Member of the World Trade Organization (WTO), an application for a patent, a utility model or a utility certificate, or his successor in title, shall enjoy, for the purpose of filing a European patent application in respect of the same invention, a right of priority during a period of twelve months from the date of filing of the first application. Please see Article 87(1)(a)(b) EPC about the effect of the priority.

A far as at the EPO is concerned, and as clarified in the 'Guidelines for Examination in the EPO' A-III, 6.2 in connection with Notice from the President of the EPO dated 26 January 1996, OJ EPO 1996, page 81) a priority claim from e.g. a US provisional application is permitted. See https://www.epo.org/law-practice/legal- ... ii_6_2.htm

Potential applicants should seek advice from a European patent attorney for how to correctly file an application. A searchable database of professional representatives can be found on the EPO website at www.epo.org/applying/online-services/re ... tives.html.

General information on filing a European patent application can be found here in the Guide for applicants Part 1 - How to get a European patent: https://www.epo.org/applying/european/G ... cants.html

Please do not hesitate to contact us if you have comments or questions on this or any other subject. For information on how to reach us, visit http://www.epo.org/contact.

Yours sincerely,

EPO User Services
European Patent Office
www.epo.org


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