Territorial Scope

• The European patent is granted under the European Patent Convention to which 38 Contracting States adhere (list, map). As an unique and independent industrial property right, it takes effect in every Contracting States chosen by the European patent holder. 
   
• The rights conferred by the European patent are not unitary but refer to the same rights than a national patent granted under the legislation of each Contracting State. Infringement of the European patent in a Contracting States is any violation of the rights conferred by the European patent in this State. 
   
• Nevertheless, the invention protected by the European patent is unitary defined  by the claims and in each of the Contracting States, the European patent is authentic in the language in which it is published, English, German or French. The term of the European patent also is unitary fixed by twenty years from the filing date of the European patent application.  
   

Transfer and license

• The rights conferred by the European patent or the European patent application may be transferred or granted in license for all Contracting States chosen by the holder or a part of them only. 
   
• For opposition to third parties, a transfer or a license of a European patent application has to be entered in the European Patent Register whereas a transfer or a license of a European patent has to be entered in the patent register of each of the Contracting States concerned. However, a transfer of a European patent may still be entered in the European Patent Register until the expiry of a period of 9 months from the grant of the patent. 
   
• If the European patent application or the European patent claims the priority of an earlier application filed in a Contracting State concerned by the transfer or the grant of a license, the earlier application must also be transferred or granted in license and the transfer or the license has to be entered in the patent register of the Contracting State.