European Patent Attorney: Your Guide to a European Patent

What is a European Patent Attorney?

A European Patent Attorney is a professional who is certified to represent businesses and individuals before the European Patent Office (EPO). A European Patent Attorney is highly recommended if one wants to secure a strong European patent for an invention. Natural and legal persons who do not have their residence or principal place of business in a state that is party to the European Patent Convention (EPC) are even obliged to be represented by a European Patent Attorney.

Key Responsibilities of a European Patent Attorney

1. Patent Application Drafting: One of the primary responsibilities of a European Patent Attorney is to draft patent applications that clearly describe the invention. In particular, the European Patent Attorney needs to draft claims that define the invention. The challenge for the European Patent Attorny is to draft claims that are as generic as possible so that a broad scope of protection is obtained. At the same time, the claims should be narrow enough to properly distinguish the invention from the state of the art. The invention must namely be novel and inventive in order to be patentable.

2. Patent Prosecution: European Patent Attorneys represent their clients in dealings with the European Patent Office (EPO). They for example file patent applications, respond to patent examiners’ Office Actions, argue that the invention is novel and inventive, amend patent applications, attack granted patents of competitors, et cetera.

3. Patent Portfolio Management: They help inventors and businesses manage their patent portfolios strategically. This includes assessing which patents to maintain, abandon, or enforce in light of the commercial goals and/or status of the business.

4. Prior Art Searches and Analysis: European Patent Attorneys can conduct extensive prior art searches to assess the patentability of an invention. Knowledge of the prior art may be helpful to decide whether or not to prosecute a patent for some invention. Additionally, knowledge of the prior art may be useful when one wants to nullify a patent that belongs to a competitor.

5. Enforcement and Litigation: In case of patent disputes or infringement, European Patent Attorneys can closely cooperate with attorneys-at-law and advice on validity and/or patent infringement.

Qualifications of a European Patent Attorney

Becoming a European Patent Attorney is a rigorous process that requires a combination of educational qualifications, practical experience, and passing the European Qualifying Examination (EQE). The qualifications include:

1. Technical Background: Every European Patent Attorney holds a degree in engineering, science, or technology, so that they understand complex inventions thoroughly. Typically, a European Patent Attorney does not have a law degree, in contrast with US Patent Attorneys.

2. Professional Training: Before one can sit the main part of the EQE (see below), one must have had practical, on-the-job training for three years under the supervision of a European Patent Attorney.

3. European Qualifying Examination (EQE): Passing this challenging exam is a must to become a registered European Patent Attorney. It tests the candidates’ knowledge of patent law and practice and is widely regarded as one of the most demanding pressional examinations.

Benefits of Hiring a European Patent Attorney

• Expertise: European Patent Attorneys have specialized knowledge in European patent law and are well-versed in the intricacies of the patent application process.
• Maximized Protection: They can help you to draft and obtain patents that provide maximum protection.
• Cost Efficiency: By avoiding costly mistakes and ensuring timely filings, they can save you money in the long run.
• Global Reach: A European Patent Attorney can typically help you secure protection not only in Europe but also internationally through the Patent Cooperation Treaty (PCT).

How to Choose the Right European Patent Attorney

Selecting the right European Patent Attorney is of the utmost importance. Here are some factors to consider:

• Communication: Effective communication is key. Ensure that you can easily discuss your ideas and concerns with your chosen attorney.
• Experience: Look for attorneys with a proven track record in your industry or technology field.
• Fees: Understand their fee structure and how they bill for their services. It’s important to have a clear understanding of all costs from the beginnging.
• Reputation: Check for client reviews and testimonials to gauge their reputation in the industry.

Conclusion

A European Patent Attorney is your trusted partner in navigating the complex world of European patents. With their expertise, you can protect your inventions, secure your competitive advantage, and ensure that your innovations are legally safeguarded within Europe and beyond. Whether you’re an individual inventor or a business looking to expand, consulting a European Patent Attorney is a wise investment in your intellectual property future.

If you have any questions or need assistance with your patent-related needs, don’t hesitate to contact us today via the form presented here on the right, or via info@patentbureaudenederlanden.nl. Our European Patent Attorney will help you succeed.