11/03/2024
From 1 April 2024, the EPO will introduce measures to reduce the official fees payable on European patent applications filed by micro-entities, including innovators, entrepreneurs, universities and microenterprises. The EPO state that “the new scheme aims to support the growth and development of smaller and less experienced European entities by making it easier for them to access the European patent system”.
30% Fee Reduction
The fee reduction totals 30% of the relevant fee, and applies to the EPO’s official filing, search, examination, designation, and grant fees, as well as the annual renewal fees payable while the European application is pending. The fee reduction does not apply to Unitary Patent or National Patent Office renewal fees payable after grant.
The fee reduction also applies to the search fee payable on International applications where the European Patent Office acts as the International Searching Authority in the International phase, provided the International application subsequently enters the regional phase at the EPO. The reduction in the International Search Fee appears to be retroactive, and is calculated as a further discount on the Examination Fee that is due.
Amount Of Savings
From 1 April 2024, the fees payable to the EPO are as follows:
| EPO Filing Fee (up to 35 pages) | € 135 |
| EPO Search Fee | € 1520 |
| EPO Exam Fee | € 1915 |
| EPO Designation Fee | € 685 |
| 3rd year renewal fee | € 690 |
| 4th year renewal fee | € 845 |
| 5th year renewal fee | € 1000 |
| Grant and Printing Fee | € 1080 |
A 30% reduction of only the fees shown in the table above would amount to more than €2,300 for example on a pending European patent application. Renewal fees are payable after the 5th year also, but are omitted for brevity in the table above.
Eligibility
The fee reduction is available to applicants who are micro-entities, that is microenterprises, natural persons, non-profit organisations, universities or public research organisations. Microenterprises are in turn defined as enterprises which employ fewer than 10 persons and which have an annual turnover and/or annual balance sheet total not exceeding €2,000,000.
However, the fee reduction is not available if the applicant has filed five or more European applications in the past five years. PCT applications designating the European Patent Office do not count in this assessment, and are not otherwise eligible for fee reductions under this scheme.
To receive the fee reduction, the applicant must file a declaration of eligibility. This involves checking a box at the time of filing on the application form for a new application (either on the Request, EPO Form 1001, or the Regional Phase Entry, EPO Form 1200), or by filing a separate declaration on EPO Form 1011. If there are joint applicants, each applicant must be eligible to receive the fee reduction.
The EPO must be immediately notified of any change of status while the application is pending. Any loss of eligibility means that future fee payments must be made at the normal unreduced rate. It is not necessary for the applicant to refund the amount of any fee reduction received to date.
Penalties
The EPO state that they will carry out random checks of applicants applying for the fee reduction, and if there is doubt about eligibility, will request that the applicant provides suitable evidence to support their declaration.
If the declaration is made incorrectly, or if the applicant does not convince the EPO of eligibility where evidence has been requested by the EPO, then the fees paid to date will be deemed insufficient and the application will be deemed withdrawn.
The usual legal remedies are available to the applicant to rectify the deemed withdrawal of the application, including the filing a request for Further Processing under Article 121, Rule 135 EPC, Re-establishment of Rights under Article 122, Rule 136 EPC, and the filing of an Appeal under Article 106 EPC. Clearly, such remedies would result in significant additional costs for the applicant, if they were required.
More information is available on the EPO website here and in the EPO’s official journal here.
This article is for general information only. Its content is not a statement of the law on any subject and does not constitute advice. Please contact Reddie & Grose LLP for advice before taking any action in reliance on it.
