Extending the Positive Impact of the European Patent System Through Validation

Protecting innovation is a critical enabler for international growth, market entry and business expansion. But for many innovators, and specifically micro, small and medium-sized enterprises (MSMEs) as well as Public Research Organisations (PRO) and universities, the cost and complexity of navigating different national patent systems quickly become a barrier – often shutting down opportunities to scale beyond Europe. Multiple, often duplicative, procedural steps and requirements are not only costly to applicants but also put a strain on the scarce resources of patent offices across the globe.

Validation aligns with revived efforts at European level to strengthen multilateralism and reduce barriers to trade in a time of geopolitical fragmentation. For instance, the EU is expanding its network of Free Trade Agreements to reduce such barriers. However, disparate and unharmonised legal frameworks, as well as a potential lack of protection for innovative products, stand out as important non-tariff barriers to trade. Thus, the validation system perfectly complements free trade initiatives as it ensures protection abroad based on the same procedures as in the exporters’ home markets. In turn, it enables European innovators to diversify their customer base and target markets without friction and with the legal certainty needed for often complex and inherently risky business operations.

Against this backdrop, the European Patent Office’s (EPO) validation system offers a unique opportunity: it allows a granted European patent to be validated in participating countries that are not party to the European Patent Convention (EPC). This gives the European patent the same effect as a national patent under those countries’ laws without having to undergo duplicative national proceedings within the respective target markets. This not only provides a cost-effective, legally sound and simpler entry in those markets for innovators, but also frees up capacity in the validation states’ national offices. This allows them to prioritise other areas such as innovation policy development, knowledge transfer or other activities that are considered of strategic relevance to those offices.

With specific regard to patent attorneys, validation also offers the possibility to expand products and services offered to clients by advising on global strategies. Additionally, it enables European patent attorneys to form strategic partnerships with local advisors and to offer their specific expertise on European patent law to a global audience.

In turn, local attorneys are uniquely positioned to support firms seeking to enter their markets, as only they possess the broader knowledge and expertise required to adequately deploy IP strategies at a national level, especially when it concerns post-grant enforcement, litigation, contract and licensing negotiations, or broader IP issues relating to trademarks, designs etc. Moreover, only they have the relevant licenses to represent clients at national offices and courts.

In line with other international efforts under the Patent Cooperation Treaty (PCT) and the Patent Prosecution Highway (PPH), the validation system seeks to foster international cooperation and to facilitate and simplify international patent protection. EPO data shows that over 80% of the almost 50,000 validation requests filed since 2015 have originated from PCT applications. Accession to the validation scheme has also served as a catalyst for validation states to accede to the PCT and related treaties. Validation thus complements existing international instruments by formally allowing national offices across the globe to rely on EPO search and examination results if they choose to do so. In short, validation amplifies the value of a European patent, turning what might otherwise be a Europe-only asset into a gateway to emerging markets, international collaboration, exports and licensing. And it ensures high quality search and examination, while at the same time freeing up scarce resources for national administrations.

As a scalable solution, the EPO’s validation system enables the seamless extension of patent protection to new countries joining the network, ensuring that innovators can rapidly and efficiently broaden their global reach. This process unlocks potential opportunities that extend far beyond the borders of EPC states, maximising the reach and impact of innovative ideas.

Enhancing the value of the European patent

For almost 50 years, the EPO’s streamlined, centralised grant procedure has delivered significant value to applicants around the world. Validation extends the benefits of the European system by offering patent holders access to additional markets without the need to file separate national applications.

Over the past decade, the EPO has expanded the validation network to six countries:

• Morocco (2015)
• Republic of Moldova (2015)
• Tunisia (2017)
• Cambodia (2018)
• Georgia (2024)
• Lao People’s Democratic Republic (2025).

As such, validation is a route to reach a combined market of 83 million people, as well as additional business partners and research collaborations – all accessed through the European patent.

Moreover, Costa Rica is set to become the first validation state in the Americas, once implementation discussions are completed. And, further agreements are under negotiation across the Americas and Africa.

The role of patent attorneys

As patent attorneys and IP advisors, you are uniquely positioned to help clients understand how validation could strengthen their broader IP and commercial strategies.

By offering validation as part of your global IP services, you can:

• Provide a streamlined “go-global” package that coordinates translations, formalities, fee payments and international representation on behalf of clients.
• Reduce the administrative burden and legal complexity for clients, particularly when navigating unfamiliar jurisdictions, languages or legal systems.
• Position your practice as a trusted strategic partner for international IP planning – from R&D and grant to global protection and enforcement.
• Enter into cooperation and strategic partnerships with local patent attorneys and lawyers, thereby expanding your own professional network and footprint.
• Export your expertise and knowledge to new markets and find new business cases abroad.
• Support local patent attorneys, who are uniquely positioned to advise on the broader aspects of patent, IP, civil, or commercial law applicable in the respective target markets, and are in possession of all relevant licenses to act as representatives locally.

The validation advantage – what it offers businesses

“The validation system represents a versatile and cost-effective way to secure and validate European patents. Uptake of the validation system as a proportion of all European patent protection activity does remain low, but this presents a strategic opportunity for early adopters to familiarise themselves with the system.”

-Robert Watson, Partner, patent attorney at Mewburn Ellis (in ’Validating European patents outside Europe – the Validation State system’ – Nov 2023)

“As an applied research institute, it is important for us to develop co-operation beyond Europe. For us as European innovators, validation is the perfect tool for this purpose.”

-Dr Peter Ramm, Head of Strategic Projects at Fraunhofer EMFT (marking the 10^th anniversary of the agreement with Morocco – Sep 2025)

• Lower barriers to international growth: Instead of managing disparate national filings, translations and local prosecution, innovators can rely on the familiar European grant process and then activate protection in selected third-country markets through validation, giving SMEs a streamlined route to export, license or form international partnerships.
• Cost and time savings: Validation avoids duplicate national filings and full prosecution in each country, reducing overall costs and speeding up access to additional markets – a major advantage especially for SMEs and resource-constrained innovators.
• Legal certainty and high quality: Because European patents are granted following the EPO’s rigorous search and examination process, validated patents rest on strong legal foundations, offering dependable enforceability and greater credibility in licensing or enforcement actions.

Sustained demand for validation – with room to grow

Given these benefits, demand for validation has grown steadily since 2015. In total, almost 50,000 requests have been made. These requests for validation span a wide range of technology fields.

Medical and health technologies occupy leading positions, but other strategic sectors are gaining momentum. The breadth of technology areas demonstrates how validation can support national economic priorities within validation countries. As Abdelaziz Babqiqi, Director General of the Moroccan IP office, explains: “Validation plays a key role in positioning Morocco within the innovation landscape, contributing to the added value of Morocco’s industrial sectors, such as aeronautics, automotive and renewable energy.”

In terms of geographic origin, France, Italy and Germany have emerged as the top European countries for validation requests, signalling strong interest among European innovators.

But like the European patent more generally, validation is in demand worldwide. Approximately half of all requests come from outside Europe, particularly from the United States. This broad adoption and continued demand highlights the value applicants place on a streamlined, cost-effective route to extend their global protection. Given the clear benefits of expanding into global markets, and as more validation agreements come into force, it is increasingly worthwhile for businesses to consider validation as part of their IP strategy.

Shaping validation success together

Although a simple idea, validation is clearly more than a procedural step. It is a valuable tool for patent holders seeking to expand their reach and open doors to new markets. In the context of the Draghi and Letta reports, validation stands as a strategic lever that can help foster European competitiveness and connect innovation to global growth. By integrating validation into their IP strategies, businesses and innovators can contribute to a stronger and more resilient landscape for European invention.

Looking ahead, the ongoing commitment and expertise of the IP community will continue to shape validation’s success and ensure its relevance in a changing world. We look forward to working with you to drive the system’s continued success.

For more information on the validation system, please visit: EPO webpages on validation

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