Enter the PCT European Regional Phase at the EPO

Why the European Market Matters for Global Innovators

Europe is one of the world’s largest, most lucrative markets for innovative technologies. Whether the technology relates to software, biotech, mechanics, electronics, medical devices (MedTech), or consumer products, securing patent rights across Europe is often mission-critical.

By entering the European regional phase of a PCT application, you gain access to up to 46 countries through a single, centralised procedure before the European Patent Office (EPO).

A successful Euro-PCT entry allows applicants to:

Obtain a single examination carried out by highly specialised EPO examiners.
Pursue patent protection in all EPC member states, plus extension and validation states, through one procedure.
Later optionally opt for the Unitary Patent, obtaining uniform protection in 18 participating countries of the European Union.
Delay national-level costs until the European patent has been granted.
Maintain strategic flexibility during global expansion as national protection is decided upon grant and not upfront.

For most companies, the European regional phase at the EPO is the most efficient gateway to comprehensive European protection.

What is a PCT Regional Phase Entry at the EPO

Under the Patent Cooperation Treaty (PCT), applicants may file an international patent application covering more than 150 countries. To obtain actual protection in Europe, the application must enter the regional phase at the EPO within 31 months from the priority date.

Entering the EPO regional phase allows the PCT application to be examined under the European Patent Convention, ultimately leading to a granted European patent.

Following grant, applicants may:

Validate the European patent in individual designated states, and/or
Request the Unitary Patent.

This makes the EPO pathway a cornerstone for any international IP strategy.

Benefits of Choosing the EPO for PCT Regional Entry

A single examination for all countries in which a European patent may confer protection rights means:

A single examining authority.
A single set of arguments.
A single prosecution strategy.
A single legal framework.
A single set of official fees to be paid.

With a Euro-PCT, applicants can:

Keep their options open while evaluating commercial potential.
Align prosecution with market penetration.
Delay major translation and validation costs until after grant.
Build a scalable patent portfolio for Europe.

For applicants wishing to simplify protection in the European Union, the Unitary Patent offers:

A patent procedure to be requested after grant of the European patent.
A single renewal fee for 18 countries.
Centralised enforcement through the Unified Patent Court (UPC).
A single territory, continuously expanding as more countries join.

The European patent is the only route to obtain a Unitary Patent.

Requirements and Deadlines for Entering the European Regional Phase

To enter the regional phase before the EPO, the following must be completed within 31 months from the priority date of the PCT application:

Payment of official EPO fees.
Submission of the PCT documents, including a complete translation of the PCT application if it is not in English, French, or German.
Appointing a European patent attorney or firm if the applicant has no residence or principal place of business within an EPC state.

Timely and precise handling at entry avoids unnecessary surcharges and maintains full procedural rights.

Extension of Time

There is no extension of the 31-month deadline. However, a missed European regional entry deadline may be addressed by requesting further processing in the 2 months following the communication from the EPO informing of the no European regional entry after the 31-month deadline. Generally, the EPO issues such communication in 1 to 4 weeks after the 31 months deadline, therefore the European regional entry may be requested up to 33 to 34 months from the priority date without requesting a re-establishment of rights.

Requesting further processing is, however, not cost-effective. Roughly a 50% surcharge of the official fees due at the 31-month deadline is to be paid, yet no explanations need to be provided for having missed the 31-month deadline.

File and Prosecute your PCT European Regional Phase with Elion

At Elion, we are European Patent Attorneys with extensive experience navigating the complexities of European patent prosecution. We act as your European partner and:

Handle PCT regional entries on behalf of foreign applicants worldwide, ensuring smooth entry into the European system.
Are highly experienced in prosecuting computer-implemented inventions, surgery, therapy and diagnostic method inventions, and other cases where the EPO applies strict subject-matter eligibility rules.
Take care of the complete management of the entry process and throughout examination.
Provide strategic advice for obtaining strong and enforceable protection.

Our goal is to ensure your application not only enters the European system correctly but is positioned for maximum success.

Grow your Global IP Strategy through Europe

The European market remains essential for innovative companies, and a PCT regional entry at the EPO is the most powerful way to secure strong patent rights across it.

If you are a business expanding into Europe, or a foreign patent firm seeking a trusted European partner for your clients, we are ready to assist.