The European Patent Convention (EPC), also known as the Convention on the Grant of European Patents of 5 October 1973, is a multilateral treaty instituting the European Patent Organisation and providing an autonomous legal system according to which European patents are granted. The term European patent is used to refer to patents granted under the European Patent Convention. However, a European patent is not a unitary right, but a group of essentially independent nationally enforceable, nationally revocable patents, subject to central revocation or narrowing as a group pursuant to two types of unified, post-grant procedures: a time-limited opposition procedure, which can be initiated by any person except the patent proprietor, and limitation and revocation procedures, which can be initiated by the patent proprietor only.
The EPC provides a legal framework for the granting of European patents, via a single, harmonised procedure before the European Patent Office (EPO). A single patent application, in one language, may be filed at the EPO in Munich, at its branch in The Hague, at its sub-office in Berlin,Decision of the President of the European Patent Office dated 10 May 1989 on the setting up of a Filing Office in the Berlin sub-office of the European Patent Office , OJ 1989, 218 or at a national patent office of a Contracting State, if the national law of the State so permits.
History In September 1949, French senator Henri Longchambon proposed to the Council of Europe the creation of a European Patent Office. His proposal, known as the "Longchambon plan", marked the beginning of the work on a European patent law aimed at a "European patent". His plan was however not found to be practicable by the Council's Committee of Experts in patent matters. The meetings of the Committee nevertheless led to two Conventions, one on the formalities required for patent applications (1953) and one on the international classification of patent (1954).G. W. Tookey, Patents in the European Field in Council of Europe, Council of Europe staff, European Yearbook 1969, Martinus Nijhoff Publishers, 1971, pages 76–97, . The Council's Committee then carried on its work on substantive patent law, resulting in the signature of the Strasbourg Patent Convention in 1963.
In 1973, the Munich Diplomatic Conference for the setting up of a European System for the Grant of Patents took place and the Convention was then signed in Munich (the Convention is sometimes known as the "Munich Convention"). The signature of the Convention was the accomplishment of a decade-long discussion during which Kurt Haertel, considered by many as the father of the European Patent Organisation, and François Savignon played a decisive role.
The Convention was officially signed by 16 countries on 5 October 1973.
The Convention entered into force on 7 October 1977 for the following first countries: Belgium, Germany (then West Germany), France, Luxembourg, the Netherlands, Switzerland and the United Kingdom, and on 1 May 1978 for Sweden. However, the first patent applications were filed on 1 June 1978 (date fixed by the Administrative Council which held its first meeting on 19 October 1977). Subsequently, other countries have joined the EPC.
The EPC is separate from the European Union (EU), and its membership is different; Switzerland, Liechtenstein, Turkey, Monaco, Iceland, Norway, North Macedonia, San Marino, Albania, Serbia, the United Kingdom, Montenegro, and Moldova are party to the EPC but are not members of the EU. Further, the EU is not a party to the EPC, although all members of the EU are party to the EPC. The Convention is, as of June 2026, in force in 40 countries. Moldova became the 40th Contracting State on 1 June 2026.
A diplomatic conference was held in November 2000 in Munich to revise the Convention, amongst other things to integrate in the EPC new developments in international law and to add a level of judicial review of the Boards of Appeal decisions. The revised text, informally called the EPC 2000, entered into force on 13 December 2007.Official Journal of the EPO, 2/2006, Notice from the European Patent Office dated 27 January 2006 concerning deposit of the fifteenth instrument of ratification of the EPC Revision Act
Cooperation agreements with non-contracting states: extension and validation agreements
+Contracting states and extension or validation states, in detail (with dates of entry into force)+Contracting States to the European Patent Convention, with respective date of entry into forceDate States 7 October 1977 Belgium, Germany (then West Germany), France,Luxembourg, Netherlands, Switzerland, United Kingdom1 May 1978 Sweden1 December 1978 Italy1 May 1979 Austria1 April 1980 Liechtenstein1 October 1986 Greece, Spain1 January 1990 Denmark1 December 1991 Monaco1 January 1992 Portugal1 August 1992 Ireland1 March 1996 Finland1 April 1998 Cyprus1 November 2000 Turkey1 July 2002 Bulgaria, Czech Republic, Estonia, Slovakia1 December 2002 Slovenia1 January 2003 Hungary1 March 2003 Romania1 March 2004 Poland1 November 2004 Iceland1 December 2004 Lithuania1 July 2005 Latvia1 March 2007 Malta1 January 2008 Norway, Croatia1 January 2009 North Macedonia (then Republic of Macedonia)1 July 2009 San MarinoEPO web site, San Marino accedes to the European Patent Convention , Updates, 8 May 2009. Consulted on 8 May 2009. See also EPO, San Marino accedes to the European Patent Convention , EPO Official Journal 6/2009, p. 396.1 May 2010 AlbaniaAlbania accedes to the European Patent Convention , Updates, 1 March 2010. Consulted on 2 May 2010.1 October 2010 SerbiaSerbia accedes to the European Patent Convention , 30 July 2010. Consulted on 31 July 2010.1 October 2022 Montenegro1 June 2026 Moldova+States with an extension (E) or validation (V) agreement with the European Patent Office (EPO), with respective date of entry into force Date States1 December 2004 Bosnia and Herzegovina (E)1 March 2015 Morocco (V)1 December 2017 Tunisia (V)1 March 2018 Cambodia (V)15 January 2024 Georgia (V)1 April 2025 Laos (V)+States which had an extension (E) or validation (V) agreement with the EPO, and which are now Contracting States to the EPC: "Extension and validation of European patent applications and patents to/in states not party to the EPC" > "General remarks". Period during whichthe agreement applied States From To 1 March 1994 30 November 2002 Slovenia (E) 1 March 1994 31 December 2007 Croatia (E) 5 July 1994 30 November 2004 Lithuania (E) 1 May 1995 30 June 2005 Latvia (E)1 February 1996 30 April 2010 Albania (E) 15 October 1996 28 February 2003 Romania (E)1 November 1997 31 December 2008 North Macedonia (E)(then Republic of Macedonia)1 November 2004 30 September 2010 Serbia (E)1 March 2010 30 September 2022 Montenegro (E)1 November 201531 May 2026 Moldova (V)
Throughout the history of the EPC, some non-contracting States have concluded cooperation agreements with the European Patent Organisation, known as extension or validation agreements. These states then became "extension states" or "validation states", which means that European patents granted by the EPO may be extended to those countries through the payment of additional fees and completion of certain formalities. Such cooperation agreements are concluded by the President of the European Patent Office on behalf of the European Patent Organisation pursuant to , are not based on a "direct application of the EPC but solely on national law modelled on the EPC", and exist to assist with the establishment of national property rights in these states.: "Extension agreements and ordinances", "Legal nature" As is the case in EPO contracting states, the rights conferred to European patents validated/extended to these states are the same as national patents in those states. However, the extension of a European patent or patent application to these states is "not subject to the jurisdiction of the [EPO] boards of appeal.": "No jurisdiction of the boards of appeal"
As of April 2025, Bosnia and Herzegovina has an extension agreement with the EPO so that, in effect, this state can be designated in a European patent application. Several other "extension states" have since become states parties to the EPC. Furthermore, "validation agreements" with Morocco, Moldova, Tunisia, Cambodia, Georgia, and Laos are also in effect since 1 March 2015, 1 November 2015, 1 December 2017, 1 March 2018, 15 January 2024, and 1 April 2025 respectively.
Legal nature and content
The European Patent Convention is "a special agreement within the meaning of Article 19 of the Convention for the Protection of Industrial Property, signed in Paris on 20 March 1883 and last revised on 14 July 1967, and a regional patent treaty within the meaning of Article 45, paragraph 1, of the Patent Cooperation Treaty of 19 June 1970." See also Enlarged Board of Appeal opinion G2/98 , "Reasons for the Opinion", point 3, first sentence: "The EPC constitutes, according to its preamble, a special agreement within the meaning of Article 19 of the Paris Convention". The European Patent Convention currently does not lead to the grant of centrally enforceable patents in all 39 countries, although the European Union patent would allow for unitary effect: centrally enforceability throughout 24 of the 27 countries of the European Union.
The content of the Convention includes several texts in addition to the main 178 articles. These additional texts, which are integral parts of the Convention, are: the "Implementing Regulations to the Convention on the Grant of European patents", commonly known as the "Implementing Regulations". The function of the Implementing Regulations is "to determine in more detail how the Articles should be applied".: "Implementing Regulations" In case of conflict between the provisions of the EPC and those of the Implementing Regulations, the provisions of the EPC prevail. the "Protocol on Jurisdiction and the recognition of decisions in respect of the right to the grant of a European patent", commonly known as the "Protocol on Recognition". This protocol deals with the right to the grant of a European patent but exclusively applies to European patent applications. the "Protocol on Privileges and Immunities of the European Patent Organisation", commonly known as the "Protocol on Privileges and Immunities"; the "Protocol on the Centralisation of the European Patent System and on its Introduction", commonly known as the "Protocol on Centralisation"; the "Protocol on the Interpretation of Article 69 of the Convention"; the "Protocol on the Staff Complement of the European Patent Office at The Hague", commonly known as the "Protocol on Staff Complement".
Substantive patent law One of the most important articles of the Convention, , entitled "Patentable inventions", states:
This article constitutes the "fundamental provision of the EPC which governs the patentability of inventions".Decision T 154/04 of 15 November 2006, Reasons 6.
However, the EPC provides further indications on what is and is not patentable. Specifically, the EPC sets forth exclusions under Article 52(2) and (3) EPC and exclusions under Article 53 EPC.
First, discoveries, scientific theories, mathematical methods, aesthetic creations, schemes, rules and methods for performing mental acts, playing games or doing business, programs for computers and presentations of information are not regarded as inventions and are excluded from patentability only to the extent that the invention relates to those areas as such. This is "a negative, non-exhaustive list of what should not be regarded as an invention within the meaning of Article 52(1) EPC." (For further information, see also: Software patents under the EPC).
The second set of exclusions, or exceptions, include: Inventions contrary to "ordre public" or morality (Article 53(a) EPC),