EP validation is a system that allows a European patent granted by the European Patent Office (EPO) to be brought into force in states that are not full members 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 patent application. Once validated, the patent has essentially the same legal effect as a nationally granted patent in that state — rights, infringements, invalidations, and proceedings are all governed by that country’s national law.
The EPO highlights 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 related but distinct terms. The extension system is an older arrangement for non-EPC European states, while the validation system is a newer mechanism that is not limited to Europe. The extension system was relevant before many Eastern European countries joined the EPC — today, Bosnia and Herzegovina is the only active extension state. The validation system has been in place since 2010 and continues to expand beyond Europe.
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 it has not yet entered into force.
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. No separate formal request is needed — the critical step is paying the validation fee on time.
The fee must generally be paid within six months of the 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 If the fee is not paid on time, the validation request is deemed withdrawn and the right to validation in that state is lost.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 extension is available with a 50% surcharge.
A validated European patent has the same effect as a national patent in the validation state and is governed by that country’s national patent legislation. Infringement and invalidity actions are handled by national courts. While the patent is examined centrally at the EPO, its enforcement remains national.
Validation states may have their own translation requirements, publication rules, and annual fees under national legislation. 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, eliminating the need for multiple local attorneys, separate examination fees, and parallel application processes. Patents are examined to EPO standards, considered among the highest in the world, and the system enables protection in fast-growing markets outside Europe.
For validation states, the EPO highlights the system’s development policy impact: countries benefit from technical cooperation, patent office training, IT development, and the strengthening of local innovation ecosystems. The system also reduces the volume 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). EP validation concerns states outside the EPC, is based on bilateral agreements, and results in 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 for Europe. These systems operate in parallel but on different legal foundations.
New validation agreements are continuously being negotiated. The Costa Rica agreement demonstrates that the system is expanding further beyond Europe, reflecting the EPO’s ambition to strengthen its role as a global — not solely European — patent system. For guidance on EP validation strategy tailored to your needs, contact our patent experts.