From the UPC to Validation Agreements: Strategic expansion at the EPO

It may be called the European Patent Office (EPO), but the EPO’s 2028 Strategic Plan outlines its international ambitions, as Martin Chaumont explains. 

Since Australia's first participation in Eurovision, sceptics have understood that European organisations are limited to Europe only if they wish to be, and the European Patent Organisation (EPO) is no exception. 

Thanks to treaties such as the Unified Patent Court (UPC) Agreement, and international partnerships via Validation Agreements, applicants can now rely on EPO expertise for protection of their patents in jurisdictions both inside and outside of Europe. 

UPC: A success story in the making? 

The unitary patent and Unified Patent Court system represent the latest prominent example of the EPO's growing reach and responsibilities. The system recently celebrated its first anniversary and appears on track to continue its growth. Following ratification in May, Romania will become the 18th member of the UPC, with the Agreement due to come into effect in the EU country on 1 September 2024.  

Validation Agreements: A global European influence 

European cooperation is carried out in a more discreet manner via Validation Agreements. This model of international influence par excellence enables jurisdictions that are sometimes very far away geographically from the European continent to benefit from the EPO's tried and tested administrative prowess.  

Since 2010, for example, Morocco, the Republic of Moldova, Tunisia, Cambodia and Georgia have allowed inventors and patent applicants to have their applications examined by the EPO's 4,000 examiners. And there are more on the horizon. In May this year, a Validation Agreement was signed between the EPO and Laos and should soon come into force. 

The EPO Strategic Plan 2028: Sustainability and Seduction 

Validation Agreements with the EPO are attractive since they enable applicants to sidestep the laborious task of filing national applications by centralising patent filing and examination at the EPO level. Once the European patent is filed, the applicant has only to elect their chosen validation countries from among the members of the European Patent Convention (EPC) and the partner states of validation and extension. 

As set out by the EPO Strategic Plan 2028, such agreements also support a more standardised, sustainable and consistent approach to innovation. Once issued and the opposition period has passed, all administrative registration procedures (assignment, license, change of name of the holder, etc.) must be carried out directly with the national offices however. 

The EPC and the European Union: A Clear Distinction 

Finally, it should be noted that the EPC is completely distinct from the EU and the UK is still one of its member states (whereas it is no longer a part of the UPC following Brexit).  

Given the success of the EPC, it seems difficult to imagine that this global expansion will be slowed down. In this sense, innovation does not yet seem to have fallen under the yoke of Euroskepticism.  

To find out more about the UPC and EPC filing systems, read our article ‘Which European patent filing route is best for you?’, speak to your Novagraaf patent attorney or contact us below. 

Martin Chaumont is the Head of Contracts and Patent Filing at Novagraaf in France.