Understanding US and EU Patent Systems by Zafira Hudani

Understanding US and EU Patent Systems by Zafira Hudani, Reporter at Northon's Media PR & Marketing Ltd, London, UK In The Global IP Matrix Issue 22, reporter Zafira Hudani presents an accessible overview of the US and EU patent systems. Published by Northon’s Media PR & Marketing Ltd, London, UK, this article offers a comparative perspective on how both regions define, assess, and enforce patent rights—highlighting important distinctions for innovators, businesses, and IP professionals navigating cross-border protection.

What Qualifies as a Patentable Invention?

At the core of both the United States Patent and Trademark Office (USPTO) and the European Patent Office (EPO) is a shared goal: to protect innovation that is original, useful, and nonobvious. However, as Zafira explains, the criteria and definitions vary slightly between the two systems.

• In the US, an invention must be novel, useful, and nonobvious. Patents fall into three main categories: utility, design, and plant patents.

• In the EU, patent eligibility is based on novelty, inventive step, and industrial applicability. The "inventive step" requirement is a key distinction, demanding that the invention provides an advancement not obvious to professionals in the field.
  

Patentable Subject Matter and Exclusions

• US System: Offers broad protection, including for computer software under utility patents, and product aesthetics under design patents.

• EU System: Applies more restrictions. For example, pure software programs are not patentable “as such,” and surgical or therapeutic methods are excluded from protection altogether.

Additionally, the EPC outlines areas that are unpatentable if deemed contrary to morality or involving specific biological subject matter.

Jurisdictional and Procedural Differences

Zafira notes one of the biggest practical differences lies in geographical scope:

• The US operates under a national system, where the patent is enforceable across all 50 states.

• The EU utilises the European Patent Convention (EPC), enabling applicants to seek protection across multiple member countries via a single filing—though translation and validation in each country are still required.
  

Patent Term and Enforcement

Despite procedural variations, both jurisdictions issue patents valid for 20 years from the date of application and rely on court systems for legal enforcement.

Looking Ahead: The Role of Legal Support

With technology evolving rapidly—especially in fields like AI, biotech, and digital tools—Zafira highlights the importance of staying informed about ongoing changes to patent law and eligibility criteria. She advises consulting qualified IP professionals in the appropriate jurisdiction before filing any applications.

Conclusion As innovation continues to cross borders, understanding the differences between major patent systems is more important than ever. Zafira Hudani’s article offers a straightforward comparison of how the US and EU approach intellectual property, equipping businesses and inventors with the insight needed to shape effective global patent strategies. Read the full article in The Global IP Matrix Issue 22 to explore how these two systems protect innovation in an increasingly connected world.

READ THE FULL ARTICLE NOW!