In the EU, there is no "patent pending" protection as is in the US and other countries including AU, JP, NZ, and CA; and this is only for one year to secure a final patent.
If there is any evidence of prior art in any EU country, then no patent application can be filed with protection.
Patent protection in the EU has to filed prior to introduction of a product or process.
I have seen this take place on more than one occasion in the EU over the past 20 years...Many red faces, lost revenues, and pink slips all around the table for such a colossal blunder!
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