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Extension States and Validation States


Granted EP patents may gain protection in specified countries that are no member states of the European Patent Convention (EPC). These countries recognize the grant of the EP patent without separate substantive examination by their national Patent Office.

Basically, applicant's selection of countries and the required corresponding fee payment must be made within the same deadline applying to the designation fee payment for EPC member states. After expiry of this period, the fee(s) may still be paid with a surcharge of 50% within a grace period of 2 months in order to effectively designate extension/validation states.

Following countries are available for EP patents, provided that their basic application date, i.e.

  • for EP-direct: the application date of the present application  
  • for Divisions: the application date of the basic parental application
  • for PCT-EP: the application date of the international application

lies on or after the date of coming into force with the relevant country:

Extension states (European states)in force since
Bosnia and Herzegovina (BA)01.12.2004
Montenegro (ME)  01.03.2010
Validation states (non-European states)in force since
Morocco (MA) 01.03.2015
Republic of Moldova (MD) 01.11.2015
Tunisia (TN)01.12.2017
Cambodia (KH) 01.03.2018

Further information about extension states and validation states can be found at:
» https://www.epo.org/law-practice/legal-texts/extension-validation-system.html.

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Legal note:

This brief information cannot replace the consultation/examination of the patent attorney in a specific case. Any liability based on this general information is excluded. For general questions and/or specific queries in the individual case, please do not hesitate to contact us.

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