European Patent validation refers to the process of extending the legal protection of a European patent without unitary effect to individual countries within the European Patent Convention (EPC) region. The European Patent Office (EPO) grants European patents, which are initially valid as a single patent covering multiple countries. However, to enforce and protect your patent rights in specific countries, you must validate the patent in each country where you want it to be in force.
Here's how European patent validation works:
Grant of European Patent: The process begins when the European Patent Office grants a European patent. This patent covers a designated group of countries that are part of the European Patent Convention.
Validation Period: After the European patent is granted, there is a specific period during which you need to decide in which individual countries you want the patent to be valid. This period is usually three months from the date the grant is published.
Country Selection: You choose the countries where you want the patent to have legal effect. This involves submitting required documentation and sometimes translations of the patent specifications, depending on the national requirements of each country.
Validation Fees and Requirements: Each country has its own validation requirements and associated fees. These fees cover administrative costs and are paid to the respective national patent offices. Some countries might require you to appoint a local representative.
National Validation: Once you've fulfilled the validation requirements and paid the fees for a specific country, your European patent is "validated" in that country. This means your patent rights are now enforceable under the national laws of that country.
Enforcement and Protection: With the patent validated in a specific country, you have the legal right to enforce your patent rights within that country's jurisdiction. This includes taking legal action against anyone who infringes on your patented invention.
It's important to note that European patent validation is a step that requires careful consideration, as the requirements, costs, and procedures can vary significantly from country to country. Also, keep in mind that once a European patent is validated
in a specific country, it becomes subject to that country's patent laws and regulations.
Overall, European patent validation is a crucial process for ensuring that your patent rights are protected and enforced in the individual countries where you want to have a presence and if you have chosen not to request unitary effect. It allows you to benefit
from the European patent system while tailoring your protection to the specific markets you're interested in.
Ask us! 
patent@mgm-ip.es
