The European Patent Office (EPO) offers fee reductions for various official fees during the grant procedure of a European patent application. These reductions can lower the overall costs associated with obtaining a European patent.
Applicants can access these fee reductions based on their nationality. All applicants, regardless of nationality, may qualify for micro-entity fee reductions. However, language-related fee reductions are reserved for those residing or having their principal place of business in an EPO contracting state.
For micro-entities, there is a 30% reduction available on several fees including filing, search, examination, designation, grant fees, and renewal fees for the European patent application. To qualify as a micro-entity, applicants must be either a microenterprise with fewer than 10 full-time employees and an annual turnover or balance sheet total not exceeding 2 million euros; a natural person; a nonprofit organization; university; or public research organization. Additionally, they must not have exceeded the EPO’s filing cap of five applications within five years before filing.
Language-related fee reductions offer a 30% discount on filing and examination fees to eligible applicants who meet specific criteria related to their residence or business location within an EPC contracting state with an official language other than English, French or German. This reduction can be combined with the micro-entity reduction for up to 51% off certain fees.
To request these reductions, applicants should apply at the time of filing or when entering the European phase for PCT applications. Reductions cannot be retroactively applied to previously paid fees.
Incorrect payment of reduced fees can lead to penalties such as underpayment issues that might result in withdrawal of the application if not corrected by paying the full amount by deadline. Exceeding the filing cap results in an invitation from EPO to pay any outstanding amounts within two months.
This information is provided by Cooley LLP and is intended for general informational purposes only. It does not constitute legal advice nor establish an attorney-client relationship with Cooley LLP or its affiliates.
