On 1 April 2024 the European Patent Office (EPO) introduces a new fee reduction scheme specifically for micro-entities. The new scheme aims to support the growth and development of smaller and less experienced entities by making it easier for them to access the European patent system. It complements the existing support measures for small entities, and in particular the language-related fee reductions.
Requirements
This new fee reduction system applies to micro-entities (irrespective of their nationality or domicile), which include:
- microenterprises;
- natural persons;
- non-profit organisations, universities and public research organisations.
For the purpose of the fee reduction, these entities are defined as follows:
- The definition of microenterprises is that contained in European Commission Recommendation 2003/361/EC of 6 May 2003 as published in the Official Journal of the European Union (L 124 of 20 May 2003, p. 36: enterprises which employs fewer than 10 persons and whose annual turnover and/or annual balance sheet total does not exceed EUR 2 million. The micro-enterprise may not own or be a subsidiary of a large enterprise.
- “Non-profit organisations” are organisations which, by virtue of their legal form or statutes, 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, there is a legal or statutory obligation to reinvest the profits made in the interest of the organisation.
- “Universities” are “classic” universities, i.e. higher education and research institutions as defined by the relevant legislation. However, comparable institutions, such as secondary or higher education establishments, are considered to be universities.
- “Public research organisations” are entities such as universities or research institutes that 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.
The fee reductions apply only if the micro-entity has filed fewer than five European patent applications (including Euro-PCT applications) within the five years preceding the date of filing of the European patent application concerned or the date of entry into the European phase of the Euro-PCT application concerned. The relevant date of a previous European application is its filing date and the relevant date of a previous Euro-PCT application is its date of entry into the European phase.
Where there are multiple applicants for the patent application, each must fulfil the above-mentioned requirements. If an application is transferred, the fee reduction will only remain in place if the new applicant is also eligible.
Fees concerned
The new micro-entity-related fee reduction system allows eligible applicants to benefit from a 30% reduction in all of the EPO’s main patent prosecution fees:
- the filing fee, including any additional fees part of the filing fee;
- the fee for a European search or the fee for a supplementary European search in the case of a Euro-PCT application searched by an International Searching Authority (ISA) other than the EPO;
- the examination fee, and in addition, if applicable, the previously paid international search fee where the EPO acted as ISA;
- the designation fee;
- the fee for grant;
- the renewal fees for the European patent application.
