The European Patent Office (EPO) is set to introduce new fee-related support for micro entities from 1 April 2024. These support measures are intended to promote the growth of these entities, by making it easier and less expensive for them to obtain patents in Europe.
Trainee patent attorney Katarina Stefkova looks at the new measures being introduced, and how they are likely to impact the businesses and organisations that qualify for the reduction.
Who qualifies?
The new measures are available to micro entities. The EPO defines micro entities as being micro-enterprises (a company with fewer than ten employees and an annual turnover or balance sheet below two million euros), natural persons, non-profit organisations, universities and public research organisations.
What is changing?
The EPO is introducing these measures to help micro-entities that may need financial support to access the European patent system. Qualifying entities are entitled to what is effectively a 30% reduction in EPO official fees. This 30% total is made up of a number of reductions to prosecution fees, including filing, search, examination, designation, grant, and renewal fees.
It is important to note that micro-entities can still benefit from other EPO fee reduction measures, including language-related fee reductions for entities whose main residence is in a European Patent Convention (EPC)-contracting state and who use a language other than English, German of French, the official languages of the EPO. This effectively means that businesses already benefiting from these relief measures may be entitled to further fee reductions.
Who can apply?
Entities may only apply if they have filed fewer than five patent applications within the last five years. Those wishing to apply must declare their status as a micro entity to the EPO. Care should be taken when doing so, as an incorrect declaration may result in the patent application being withdrawn. Your Forresters attorney will be able to confirm whether you qualify for fee reductions, and can assist you with applying for them.
Conclusion
These measures have been introduced as part of the EPO’s ongoing work to make the European patent system more accessible and is a positive step towards helping micro entities protect their innovations. The additional fee reduction scheme is a welcome update, especially as the EPO has recently increased its fees for applications in general, as of 1 April 2024.
