The community patent refers to the patent that is accepted, examined and authorized by European Union Intellectual Property Office (the previous Office for Harmonization in the Internal Market). Therefore, the community patent does not refer to the invention patent or utility model patent in European countries.

After being authorized, the community patent is effective in 28 member countries in European Union.

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.