European patent Definition

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What does European patent mean?

A European patent is a patent which is granted under the European Patent Convention.

It is usual for a European patent to have the country to which it applies in brackets. For example, European patent (UK) for a European patent which applies to the United Kingdom.

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Applying for a European patent

A patent for an invention grants the proprietor the right to exclude others from using the invention within a particular jurisdiction for a limited period of time. A patent only comes into being once it has been registered—in most countries this requires the patent application to be examined by the national patent office to confirm that it satisfies the patentability requirements. The process of writing and filing a patent application and the examination of the patent application by the patent office is referred to as patent prosecution.While patent law remains a largely national law, with national patent offices operating in each territory to examine and grant patent applications and national courts dealing with enforcement of those national patents, in some areas of the world, countries have developed regional patent offices which are able to examine and grant patents for all Member States. There are several such offices, two in Africa (ARIPO and OAPI), the Eurasian Patent Office (covering a number of ex-Soviet States), the Gulf Co-operation Office and the European...

Economic tort of unlawful interference

Economic tort of unlawful interference As set out in The economic torts—overview, the law makes provision to protect a person’s trade or business from acts which are considered to be unacceptable. For guidance on claims for: • procuring a breach of contract, see Practice Note: The tort of procuring a breach of contract • intentional violation of rights in a judgment debt, see Practice Note: The Marex tort (interference with a judgment debt) • conspiracy (both by lawful and unlawful means), see Practice Note: Civil conspiracy claims (economic tort) • economic duress, see Practice Note: Economic duress—undue influence—tort of intimidation • intentional violation with the claimant’s rights in a judgment debt, see Practice Note: The Marex tort (interference with a judgment debt) Civil claims involving fraud and dishonesty often rely on pleading one or more of the economic torts, on which see Practice Note: Civil fraud—causes of action (heads of claim). What is the tort of unlawful interference? Causing loss by unlawful means exists where the defendant interferes with...

Discover our 5 Practice Notes on European patent

Grounds of invalidity—patent infringement claim

Grounds of invalidity—patent infringement claim Claim No: [insert claim number] IN THE HIGH COURT OF JUSTICE BUSINESS AND PROPERTY COURTS OF ENGLAND & WALES INTELLECTUAL PROPERTY LIST (ChD) [ Patents Court OR Intellectual Property Enterprise Court ] Between: [insert name] Claimant/Part 20 Defendant and [insert name] First Defendant/Part 20 Claimant [insert name] Second Defendant/Part 20 Claimant _______________________________________ Grounds of invalidity _______________________________________ The following are the Grounds of Invalidity of [GB Patent OR European Patent (UK)][number] (the Patent) referred to in the Defence and Counterclaim served with these Grounds of Invalidity and upon which the Defendants/Part 20 Claimants will rely. 1 The alleged invention as claimed in each and every claim of the Patent is not a patentable invention in that the subject matter was not new having regard to the matter which formed part of the state of the art at the priority date of the Patent [and common general knowledge]. Particulars The Defendants rely on the following as forming part of the state...

Particulars of Infringement—patent infringement claim

Particulars of Infringement—patent infringement claim CLAIM No: [insert claim number] IN THE HIGH COURT OF JUSTICE BUSINESS AND PROPERTY COURTS OF ENGLAND & WALES INTELLECTUAL PROPERTY LIST (ChD) [ Patents Court OR intellectual PROPERTY ENTERPRISE COURT ] Between: [insert full name of claimant] Claimant [[insert full name of second claimant]] [ Second Claimant ] and [insert full name of defendant] First Defendant [[insert full name of second defendant]] [ Second Defendant ] _______________________________________ Particulars of INFRINGEMENT _______________________________________ The following are the Particulars of Infringement of [United Kingdom patent [insert full patent number, eg GB…] OR European patent (UK) [insert full patent number, eg EP (UK)…]] (the Patent) referred to in the Particulars of Claim. The definitions used in the Particulars of Claim are used herein. 1 Prior to the date of issue of the Claim in this action but subsequent to the date of publication of the application for the Patent, the Defendant[s] [ and each of them] [has OR have] infringed and/or [has...

Dive into our 5 Precedents related to European patent

Patenting AI innovations in healthcare—navigating European patent law

Life Sciences analysis: Jack Severs, partner and Joe Spencer, associate of Gill Jennings & Every LLP analyse the landscape of patent-eligible subject matter within the domain of AI healthcare in Europe.

EDPB adopts opinion on first international organisation adequacy decision

The European Data Protection Board (EDPB) has adopted an opinion on the European Commission's draft adequacy decision for the European Patent Organisation (EPO), marking the first such decision for an international organisation under Regulation (EU) 2016/679 (General Data Protection Regulation) Article 45. The EDPB notes that EPO's data protection framework aligns with EU standards but calls for clarification on oversight mechanisms, particularly regarding the Data Protection Board's binding powers in complaints handling. The opinion also addresses EPO's handling of government access requests. Additionally, the EDPB approved a 6-month extension of UK adequacy decisions until 27 December 2025, allowing time to evaluate pending UK data protection reforms.

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