EP Validation is a system that allows a European patent granted by the European Patent Office (EPO) to take effect in countries that are not full member states of the European Patent Convention (EPC). It is a significant part of international patent strategy for businesses seeking protection in markets beyond the EPC member states through a single, centrally processed patent application.
EP Validation is based on bilateral validation agreements between the European Patent Organisation and individual states. The system allows the effects of a European patent to be extended to a validation state without requiring a separate national patent application. Once validated, the patent has essentially the same legal effect in that state as a nationally granted patent.
The EPO highlights that the validation system offers high legal certainty, a cost-efficient route to protection in new markets, consistent patent examination quality, and a faster and simpler procedure compared to separate national applications.
Normally, a European patent can be brought into force in EPC member states following grant. The validation system extends this possibility to countries outside the EPC.
Every European patent application is automatically considered a validation request for all states with which a validation agreement is in force on the filing date. The applicant does not need to submit a separate formal request for each country. The essential step is paying the validation fee within the prescribed deadline.
Once the validation fee is paid on time, the subsequently granted European patent acquires the effect of a national patent in the validated state. Rights, infringements, invalidations, and proceedings are then governed by that country’s national law, and the applicant does not need to undergo the patent examination process again before a national patent office.
The validation fee must generally be paid within six months of the publication of the European search report, or in the case of Euro-PCT applications, within the deadline for entry into the European phase — whichever expires later.
If the fee is not paid on time, the validation request is deemed withdrawn and the right to validation in that state is lost. In some cases, a two-month additional period is available upon payment of a 50% surcharge.
The EPO uses two similar but distinct systems for extending European patent protection beyond EPC member states:
| System | Purpose |
|---|---|
| Extension | Older system for non-EPC but European states |
| Validation | Newer system, not limited to Europe |
The extension system was used particularly before many Eastern European countries joined the EPC. Currently, the only active extension state is Bosnia and Herzegovina.
The validation system has been in place since 2010 and enables cooperation with countries outside Europe as well.
Validation is currently available in the following states:
| Country | Code | Entry into force |
|---|---|---|
| Morocco | MA | 1.3.2015 |
| Republic of Moldova | MD | 1.11.2015 |
| Tunisia | TN | 1.12.2017 |
| Cambodia | KH | 1.3.2018 |
| Georgia | GE | 15.1.2024 |
| Lao People’s Democratic Republic | LA | 1.4.2025 |
Costa Rica signed a validation agreement in December 2024, but the system has not yet entered into force there. New validation agreements are being negotiated continuously, reflecting the EPO’s ambition to strengthen its role as a global patent system rather than solely a European patent office.
Once validated, a European patent has the same effect as a nationally granted patent and is applied in accordance with that country’s national patent legislation. Infringement and invalidation proceedings are handled before national courts.
While the patent is examined centrally at the EPO, enforcement remains national. Validation states may also have their own translation requirements, publication rules, and national annual fees. Validation often requires translating the patent claims — and sometimes the entire patent specification — into the local language.
According to the EPO, the validation system benefits both patent holders and the cooperating states.
For patent holders, a single European patent application can cover a large number of countries without separate national examinations, eliminating the need to engage multiple local patent attorneys, pay separate examination fees, or manage parallel application processes. The patent is examined to EPO standards, regarded as among the highest in the world, and the system enables protection in rapidly growing markets outside Europe.
Validation states benefit from technical cooperation, training of patent office staff and judges, IT system development, and strengthening of local innovation ecosystems. In many countries, the system also reduces the burden of foreign national applications, freeing up local office resources for domestic innovation.
Validation also applies to international PCT applications, provided that the EPO is designated for a European patent, the validation state is designated for a national patent in the PCT application, and the validation agreement was in force on the international filing date.
It is important to distinguish between EP Validation, the Unitary Patent, and the Unified Patent Court (UPC), as these are separate systems operating on different legal bases:
EP Validation concerns states outside the EPC, is based on bilateral agreements, and results in national patent effects in each validated state.
The Unitary Patent concerns UPC member states within Europe and provides uniform patent protection across multiple EU countries through a single title.
The Unified Patent Court (UPC) is a common patent court for Europe handling litigation related to European patents and Unitary Patents in its member states.
These systems operate in parallel but are governed by different legal frameworks. Understanding the distinction is essential for businesses developing a comprehensive international patent strategy. For personalised guidance on EP Validation and international patent strategies tailored to your specific needs, contact our experienced patent professionals who can help you develop an effective and cost-efficient intellectual property strategy.