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“The Institute of Skilled Representatives earlier than the European Patent Workplace discovered the brand new scheme as proposed within the above-referenced paper ‘advanced, poorly focused, and inclined to abuse, and on the expense of those that would pay full charges.’”
On April 1, 2024, a new fee system will enter into pressure on the European Patent Workplace (EPO). Other than average price will increase (greater than 7% under the true inflation charge) and the abolishment of a number of hardly ever used charges, the brand new price system introduces a brand new price discount scheme for so-called micro-entities, which embrace:
- micro-enterprises,
- pure individuals,
- non-profit organizations, universities, and public analysis organizations.
For the aim of the price discount, a micro-enterprise is outlined an enterprise that employs fewer than 10 individuals and has an annual turnover or annual steadiness sheet whole that doesn’t exceed EUR 2 million. The micro-enterprise could not personal or be a subsidiary of a big enterprise.
Additional, the brand new discount scheme just isn’t accessible for candidates who’ve filed 5 or extra European patent purposes or Euro-Patent Cooperation Treaty (PCT) purposes inside a interval of 5 years previous:
- the date of submitting of the European patent software involved, or
- the information of entry into the European section of the Euro-PCT software involved.
The related date of a earlier European software is its submitting date and the related date of a earlier Euro-PCT software is its date of entry into the European section.
The brand new price discount scheme is along with, and could also be utilized together with, the already present language-related price reductions. Nevertheless, the place the language-related price reductions are solely accessible (see Art 14(4) of the EPC) for candidates having their residence or principal office in a European Patent Conference (EPC) nation, for the brand new price discount scheme the applicant’s nationality or domicile just isn’t taken under consideration. U.S. primarily based candidates could thus additionally qualify.
To profit from the reductions, candidates should expressly declare their state as micro-enterprise, pure particular person, et cetera, and this may be finished by ticking the suitable field within the request for grant or within the request for entry into the European section. They are going to then obtain a 30% discount on chosen charges. For U.S. primarily based candidates, the accessible price reductions will sometimes be as follows (see here).
- submitting price: decreased from €135 to €95
- price for a European or supplementary European search: decreased from €1520 to €1064
- examination price: decreased from €1915 to € 1341
- designation price: decreased from €685 to €480
- price for grant: decreased from €1080 to €756
- renewal charges (30% discount).
Background and Criticism
The probabilities for a brand new price discount scheme had already been thought of in EPO’s “Non-paper on fee-related support measures for micro-entities and fee policy” which was printed in Could 2023. On this publication, the EPO acknowledged the significance of smaller entities for the European economic system and considers it a great technique to reinforce attractiveness of the European patent system for smaller entities, particularly in opposition to the background of “financial uncertainty and turbulence”. The Institute of Skilled Representatives earlier than the European Patent Workplace (epi) did increase concerns, although, because it discovered the brand new scheme as proposed within the above-referenced paper “advanced, poorly focused, and inclined to abuse, and on the expense of those that would pay full charges” and raised the query whether or not it was proper that European candidates ought to subsidize non-European entities. As an alternative, epi favored a system that may partially defer charges for small candidates and despatched a letter to specific this view to the EPO’s Funds and Finance Committee. Nevertheless, as we all know now, this letter didn’t cease the introduction of the brand new price discount scheme.
With the brand new scheme, the EPO incentivizes small candidates around the globe to entry the European patent system. One phrase of warning: a paid price that has been unduly decreased shall be deemed to not have been validly paid and the patent software shall be deemed withdrawn. Representatives ought to thus affirm the applicant’s true standing all through the proceedings.
Picture Supply: Deposit Photographs
Creator: panama555
Picture ID: 32534907
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