Expert: Rene Hasekamp - 11/30/2011

Question
What European countries are better for patents?

Do these countries check that the invention has not been patented elsewhere (i.e. USA)?

Answer
Hello,

Some European countries (France, the Netherlands, Belgium and more) have a "registration system", which means that there is no examination at all. In those counties patents are granted always. However, third parties can always ask nullification of patents in court. So, although it is very easy to get a patent in those countries, the security that those patents offer is very low.

Other European countries still have an examination procedure of their own. I would not say that these procedures are lighter or heavier than the procedure in the US. And also in these cases third parties can ask for nullification in court.

In every examination procedure for a patent belongs a check if a patent for a similar invention has already been granted in anothe5r country.

However, the best and cheapest way to apply for patents in European countries is through the European Patent Office (EPO), in The Hague or Munich. In that case you will get a thoroughly examined patent (same level of examination as in the US and including a check if a similar patent has already been granted in any other country). You can specify with your application at EPO for which European countries you want a patent.

Your question still remains a bit obscure to me after what I have written here, because every patent in every country (also patents granted through EPO) can be nullified in a court of law after it has been granted. So as an applicant you are best off with a well examined patent. A well examined patent has the best chance to come through a procedure in a court of law. Third parties often will not even try to get a patent nullified, if it has been examined by for instance EPO or USPTO.

Hope this answers your question anyway.

Rene Hasekamp.