Background: the European Patent Office (hereinafter referred to as "EPO") was established in 1973 based on the "European Patent Convention". The membership of the" European Patent Convention" has grown from 7 when it was first established in 1973 to 38 in 2017, including all 28 EU Member States, Iceland, Norway, Switzerland, Turkey, most of the Balkan countries and two countries in Bosnia Herzegovina and Montenegro. In addition, the European patent applications filed from March 1, 2015 can also be effective in Morocco and Moldova respectively. In January 23, 2017, Kampuchea became the first Asian country to recognize European patents. At present, the EPO can provide patent protection for one application in as many as 43 countries.

The European patent only refers to the patent that is accepted, examined and authorized by the EPO in a unified manner. It should be noted that an application filed to the EPO needs to be filed to the Patent Office of a specific country in the official language after being examined and authorized by the EPO. After being published by the Patent Office of the specific country, the patent protection can be effective.

The European Patent does not include appearance and utility model.

An application can be filed to any member of European Patent Convention in following two ways: first, directly filing to the EPO; second, filing to the Patent Office of a specific country such as DPA or INPI.