Guidance

Before Filing

Obtaining a European Patent provides the opportunity to protect the invention in approximately 40 countries in Europe on the basis of the European Patent Convention.

Before you proceed with filing an application for granting a European Patent with the Intellectual Property Section, you must make sure that the following prerequisites are met:

• your idea constitutes a patentable invention and does not exclusively concern the general appearance of a product or a mark that can be protected as a distinct part of your enterprise or products/services. For further information regarding other forms of intellectual property rights, you can refer to the page choosing the most suitable type of intellectual property right;
• you have the ownership of the invention and the right to submit an application for granting a patent. Generally, the right to protect a patent may belong to:
  
  • the inventor or inventors;
  • the lawful successors of the inventor;
  • the inventor’s employer, if the invention was invented during the performance of the employment agreement, unless otherwise agreed between the parties;
  • the person who ordered the invention, if the invention was invented during the performance of the said order, unless otherwise agreed between the parties;
  • another person to whom the initial beneficiary may have assigned in writing their rights or to such person’s heirs or successors. The protection right may belong to more than one person and in such case the application for filing is jointly submitted. It is noted that joint inventors have equal rights, unless otherwise agreed;
  • your invention:
    
    • is new;
    • involves an inventive step;
    • is susceptible of industrial application;
    • its exploitation does not contravene public order or good morals;
    • is patentable;
    • your invention does not infringe third party rights, by searching both on the internet and in available patent databases.

For further information regarding the prerequisites for granting a European Patent, visit the webpage of EPO.