European Patent Application | Guide to the European Patent Office (EPO)

How to Apply for a European Patent: A Guide to the European Patent Office (EPO)
For Turkish entrepreneurs and companies seeking to expand into the European market, patent protection is not merely a technical legal right, but also a strategic competitive instrument. In this context, patent applications filed through the European Patent Office (EPO) provide a critical legal framework for businesses intending to operate commercially in Europe.

What Is the European Patent Office (EPO)?

The European Patent Office is an international institution operating within the European Patent Organisation. It enables applicants to seek patent protection in multiple European countries through a single application.
European patents may be granted for inventions that are new, involve an inventive step and are capable of industrial application. When filing a European patent application, the applicant must designate the contracting states in which protection is sought.

The EPO is headquartered in Munich and:
• covers more than 30 European countries;
• enables protection in multiple countries through a single application; and
• grants European patents.

Important: The EPO does not directly grant an “EU patent”. However, under the current system, uniform protection may also be obtained through the Unitary Patent framework.

Why European Patent Protection Is Important for Turkish Companies

Legal Protection in the European Market

A patent granted in Türkiye does not automatically provide protection in Europe. By filing a European patent application through the EPO, legal protection may be obtained in strategically important markets such as:
• Germany;
• France;
• Italy; and
• the Netherlands.

Competitive Advantage and Market Entry

Patent protection is particularly important in technology- and innovation-driven sectors. It may:
• prevent competitors from copying a product or invention;
• create a strong barrier to market entry; and
• increase the commercial value of a brand and its products.

Stronger Position in Investment and Financing Processes

From the perspective of European investors, a patent may constitute:
• an asset that increases the valuation of a company;
• an important factor in venture capital and investment fund processes; and
• evidence of technological credibility.

Licensing and International Revenue Models

Patent-owning companies may:
• grant licences to European businesses;
• generate royalty income; and
• carry out technology transfers.

Legal Protection and the Right to Bring Proceedings

In the event of patent infringement, the patent holder may, depending on the applicable law:
• claim damages;
• seek an injunction to stop production or distribution; and
• initiate legal proceedings against infringing activities.

How to File a European Patent Application

Patent Search and Preliminary Assessment

Before filing an application, it should be determined whether the invention:
• is new; and
• has already been disclosed or patented.

One of the most important databases for this purpose is Espacenet.

Determining the Filing Strategy

The application process may generally be pursued through three principal routes:
• filing directly with the EPO;
• filing an international application under the Patent Cooperation Treaty through the World Intellectual Property
Organization; or
• filing an initial application in Türkiye and subsequently extending protection to Europe.

The most commonly used route is:

PCT application followed by entry into the European regional phase.

Preparation of the Patent Application

A patent application generally contains the following elements:
• a technical description;
• patent claims;
• drawings; and
• an abstract.

From a legal perspective, the most important part of the application is the claims, as they define the scope of patent protection.

Filing the Application

Applications may be filed electronically through the EPO’s online filing systems.
The filing establishes, among other things:
• the filing date; and
• where applicable, the right of priority.

Search and Examination

The EPO prepares a search report and examines whether the invention meets the patentability requirements.

The principal criteria are:
• novelty;
• inventive step; and
• industrial applicability.

Publication and Opposition

A European patent application is generally published 18 months after the filing date or the earliest priority date.

Following the grant of the patent, third parties may file an opposition within the applicable opposition period.

Grant of the Patent

If the examination is successfully completed:
• the patent is granted; and
• the grant of the European patent is published and registered.

National Validation

After the European patent has been granted:
• the countries in which the patent is to take effect must be determined; and
• any required translations and national formalities must be completed.

As an alternative, unitary protection may be requested under the Unitary Patent system in the participating EU Member States.

Important Considerations for Turkish Applicants
• Türkiye is a contracting state to the European Patent Convention.
• A Turkish patent does not automatically provide protection in other European countries.
• The official languages of the EPO are:
o English;
o German; and
o French.
• In many cases, applicants who do not have their residence or principal place of business in an EPC contracting state must be represented by a professional representative before the EPO. In practice, cooperation with a European patent attorney is generally advisable.
Strategic Roadmap

For Turkish companies seeking to operate in Europe, the following process may be considered:
• filing an initial patent application in Türkiye;
• filing a PCT application within 12 months;
• entering the European regional phase within 30 or 31 months, depending on the applicable deadline; and
• validating the granted patent in the target countries or requesting unitary effect where available.

Conclusion: A Patent Strategy Is Essential for Growth in Europe

The European patent system:
• enables applicants to pursue protection in multiple countries through a single application;
• strengthens their position in investment processes;
• creates a competitive advantage; and
• provides legal protection.

For Turkish entrepreneurs planning to operate in Europe, a patent application is therefore:
• not merely a legal procedure; but
• a fundamental element of a long-term commercial strategy.

Professional Legal Support

For further information on obtaining patent protection in Europe, you may contact our specialist team through one of our international service locations.

To learn more about our firm and our services in the fields of international law, corporate law and investment advisory, please visit our homepage.
Please also visit our blog to follow our latest articles on company formation, investment advisory, international trade law and recent legislative developments.