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Patent strategy

The Member States of the European Patent Convention (EPC): a useful overview for your protection strategy

For an innovative SME, extending patent protection across Europe through a single procedure is often an obvious strategic choice. But which states are actually covered? This article presents these countries and helps you gain clarity to better plan your patent portfolio.

What is the EPC and which are the member states?

The European Patent Convention (EPC), signed in Munich in 1973, established the European Patent Office (EPO) and the unified procedure for granting a European patent.

The European patent potentially covers, upon grant, 39 contracting member states.

The 39 EPO member states
The 39 EPO member states (dark red), along with one state allowing extension (dark grey) and six states allowing validation (light grey)

The map above highlights the EPC member countries, several of which are not members of the European Union — such as Switzerland, Norway, or the United Kingdom. This broad coverage is a major asset for SMEs seeking pan-European protection.

Why this system is relevant for SMEs

Single procedure: one filing, one procedural language (English, German, or French), even though translations are required during the national validation phase.

Economies of scale: the grant procedure is centralized, which reduces the administrative and linguistic burden for SMEs.

Flexible territorial strategy: after grant, you choose in which states to maintain your patent → payment of national fees according to your protection priorities.

Beyond the 39 contracting states: validation and extension

Certain non-EPC countries have entered into validation agreements allowing a European patent to produce the same effects as a national patent: Morocco, Moldova, Tunisia, Cambodia, Georgia, Laos.

There is also an extension agreement with Bosnia and Herzegovina.

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