Reduced EPO Fees for Micro-Entities: A New Opportunity Available to Small Applicants

Reduced EPO Fees for Micro-Entities: A New Opportunity Available to Small Applicants

As you are probably aware, reduced fees intended to promote and support the growth of small, less-experienced companies by allowing them to have easier access to the European Patent System have recently become applicable at the European Patent Office (EPO).

The new fee regimen is in force as from 1 April 2024 and provides for substantial fee reduction for applicants within the following categories, which are referred to as a whole as 'micro-entities':

Microenterprises are companies that qualify as SMEs (Small and Medium-sized Enterprises), employ fewer than 10 persons and have an overall annual turnover or balance sheet not exceeding 2 billion euros.

Non-profit organisations are organisations which, by virtue of their legal form or statute, are not permitted under the relevant law to be a source of income, profit or other financial gain for their owners, or, where they are permitted to make a profit, are legally or statutorily obliged to reinvest the profits made in the interest of the organisation.

Universities are universities in the strict sense of the word, i.e. institutions of higher education and research, pursuant to the relevant laws. Similar entities such as secondary or higher education establishments shall also be considered as universities.

Public research organisations are entities such as universities or research institutes which are organised under public law and which, irrespective of the way they are financed, have as their primary goal the conduct of fundamental research, industrial research or experimental development and the dissemination of the results by way of teaching, publication or technology transfer. All profits must be reinvested in carrying out these activities, in the dissemination of the results, or in teaching.

It is worth noting that also applicants from countries that are not EPC contracting states are entitled to benefit from the aforesaid fee reduction, provided they meet the criteria listed above and have filed fewer than 5 European patent applications or EPO regional phases of International PCT applications in the last five years preceding the application in respect of which fee reduction is requested.

The reduction amounts to 30% of several fees, including:

- filing fee;

- search fee, both for a European search and a supplementary European search in case of a Euro-PCT application for which the search is carried out by an International Searching Authority (ISA) other than the EPO;

- examination fee;

- designation fee;

- grant fee;

- renewal fees of the European patent application.

The reduction applies to fee payments effected as from 1 April 2024, irrespective of whether the applications to which such payments refer were filed before or after said date.

In the case of several applicants jointly filing a European patent application or a Euro-PCT application, reduction is allowed only if each and every applicant meets the requirements for qualification as a micro-entity.

Any changes involving loss of the micro-entity status should be notified to the EPO and shall not be retroactive in respect of reduced fees already paid, but they shall affect only those fees that will be paid after such changes take place.

In the case of an assignment of a patent application before the EPO, the fee reduction will continue to apply only if the new applicant can claim the status of micro-entity.

After the coming into force of the unitary effect for European patents, the newly introduced EPO package of fee measures constitutes a further incentive for Clients to file new European patent applications.

INTERPATENT’s patent attorneys are available to assist Clients in assessing whether they can benefit from any fee reduction and generally to assist them in all aspects of European patent filing and prosecution.