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 significant part of international patent strategy, particularly for companies seeking protection in markets beyond Europe through a single, centrally processed patent 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. After validation, the patent has essentially the same legal effect in that state as a nationally granted patent.
Normally, a European patent can be brought into force in EPC member states after grant. The validation system extends this possibility to countries outside the EPC. When an applicant pays the validation fee within the prescribed 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 states outside the EPC, while the Validation system is a newer framework not limited to Europe.
The extension system was used particularly before many Eastern European countries joined the EPC. Today, Bosnia and Herzegovina is the only remaining active extension state. The validation system has been in use 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 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 the system has not yet entered into force.
Every European patent application is automatically deemed a validation request for all states with which a validation agreement is in force on the filing date. Applicants do not need to make a separate formal request for each country.
The essential step is paying the validation fee within the prescribed deadline — generally within six months of the publication of the European search report, or in 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 grace period is available with a 50% surcharge.
Once validated, a European patent has the same effect as a national patent and is applied in accordance with national patent legislation. Infringement and invalidation actions are handled by national courts. Although the patent is examined centrally at the EPO, its enforcement remains national.
Validation states may have their own translation requirements, publication rules, and national renewal fees. Validation often requires a translation of the patent claims and sometimes the full patent publication into the local language.
According to the EPO, the validation system benefits both patent holders and cooperating states.
Benefits for patent holders include:
Benefits for validation states include technical cooperation, patent office training, IT system development, training of judges and patent professionals, and strengthening of local innovation ecosystems. The system also reduces the number of national applications from foreign applicants, 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 leads to national patent effects. The Unitary Patent concerns UPC member states within Europe and creates uniform patent protection across multiple EU countries. The UPC is a common patent court for 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 role as a global patent system.
For patent holders seeking protection in validation states, professional guidance ensures compliance with all applicable requirements and deadlines. Contact our validation specialists to develop a comprehensive strategy for your patent protection needs.