José Miguel Lissén
IP Litigator, Senior Associate, Gómez-Acebo & Pombo, Abogados, S.L.P., Madrid, Spain

Sergio Poza
IP Litigator, Associate, Gómez-Acebo & Pombo Abogados, S.L.P. , Abogado, Madrid, Spain

In Europe, patent protection granted by the national patent systems through an application filed with the national patent office coexists with the protection granted by the so-called European Patent System through an application filed with the European Patent Office (hereinafter, “EPO”).

Each State has its own patent office before which any applicant can file his or her invention to have it protected as a national patent. The protection granted is limited to the territory of the state in question. In order to grant a national patent, the national patent office checks only if the requirements set forth by the relevant national laws have been met.

At the same time, the inventor may choose to obtain protection for his invention within the so-called European Patent System. The EPO is an intergovernmental office of the European Patent Organization. Said organization is formed by 38 states (all the EU member states plus 11 other countries).