EP Validation is a system that allows a European patent granted by the European Patent Office (EPO) to be brought into force in countries that are not full member states of the European Patent Convention (EPC). It is a key part of international patent strategy for companies seeking protection in markets outside Europe through a single, centrally processed application.
EP Validation is based on bilateral 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 a separate national application. Once validated, the patent has essentially the same legal effect in that state as a nationally granted patent.
When an applicant pays the validation fee within the required deadline:
The EPO emphasises that the Validation system offers high legal certainty, cost-effective protection in new markets, consistent examination quality, and a simpler procedure compared to separate national applications.
The EPO uses two similar but distinct terms. The Extension system is an older arrangement for European countries outside the EPC — today, Bosnia and Herzegovina is its only active state. The Validation system, in use since 2010, is newer and not limited to Europe.
Validation is currently available in the following states:
| Country | Code | Entry into force |
|---|---|---|
| Morocco | MA | 1 March 2015 |
| Republic of Moldova | MD | 1 November 2015 |
| Tunisia | TN | 1 December 2017 |
| Cambodia | KH | 1 March 2018 |
| Georgia | GE | 15 January 2024 |
| Lao People’s Democratic Republic | LA | 1 April 2025 |
Costa Rica signed a validation agreement in December 2024, but it has not yet entered into force.
Every European patent application is automatically deemed to be a validation request for all states with which a validation agreement is in force on the filing date. No separate formal request is needed for each country.
The essential step is paying the validation fee on time. The fee must generally be paid within six months of publication of the European search report, or in Euro-PCT applications, by the deadline for entry into the European phase — whichever is 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 If the fee is not paid on time, the validation request is deemed withdrawn and the right to validation in that state is lost.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 grace period is available with a 50% surcharge.
A validated European patent has the same effect as a national patent and is applied in accordance with national patent legislation. Infringement and invalidity actions are handled by national courts. While the patent is examined centrally at the EPO, enforcement remains a national matter.
Validation states may have their own translation requirements, publication rules, and national renewal fees. Validation often requires translating the patent claims — and sometimes the entire patent publication — into the local language.
For patent holders, a single European patent application can cover a large number of countries without separate national examinations, reducing the need for multiple local patent attorneys, separate examination fees, and parallel application processes. The patent is examined to EPO standards, considered among the highest in the world, and the system enables protection in rapidly growing markets outside Europe.
The EPO also highlights the system’s development policy impact. Validation states benefit from technical cooperation, patent office training, IT system development, and strengthening of local innovation ecosystems. In many countries, the system reduces the volume of foreign national applications and frees up local office resources for domestic innovation.
Validation also works in 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.
EP Validation concerns states outside the EPC, is based on bilateral agreements, and leads to national patent effects. The Unitary Patent concerns UPC member states within Europe and creates uniform protection across multiple EU countries. The UPC is a common patent court in Europe. These systems operate in parallel but on different legal bases.
New validation agreements are continuously being negotiated. The Costa Rica agreement demonstrates that the system is expanding beyond Europe, reflecting the EPO’s ambition to strengthen its position as a global patent system.
For expert guidance on your EP Validation needs, contact our experienced team to discuss your specific requirements and develop an effective validation strategy.