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As of April 1, 2024, the European Patent Office (EPO) are implementing reduced fees for “micro-entities”, to support small-scale innovators. The scheme, will apply to both European patent applications and Euro-PCT applications, offering eligible entities a generous 30% reduction across all primary fees involved in the patent grant process.
To qualify for these substantial discounts, applicants must meet the following criteria:
Importantly, this fee reduction is universally applicable to micro-entities, regardless of their nationality or domicile. Moreover, it can be combined with existing reductions, such as those offered under language-dependent fee reduction schemes.
Under the new scheme, micro-entities stand to benefit from significant reductions across various fees, including:
Applicants seeking fee reductions must declare their status explicitly, indicating whether they are microenterprises, SMEs, natural persons, non-profit organizations, universities, or public research organizations.
This declaration can be conveniently made by ticking the appropriate box(es) in the request for grant of a European patent or request for entry into the European phase. Alternatively, applicants may file the EPO Form 1011 separately, ensuring the declaration is submitted no later than the payment of the fee concerned.
In cases where there are multiple applicants, each must individually meet the outlined eligibility criteria.
The EPO must be notified of any change to the applicant’s ‘micro-entity’ status. If a patent application is transferred, the fee reduction will continue to apply only if the new applicant also qualifies as a micro-entity. A new declaration must be filed by the new applicant to confirm this status.
The EPO will conduct random checks throughout the grant procedure to verify applicants’ status. Any incorrect declarations may result in the application being deemed withdrawn. However, in such instances, applicants will have the opportunity to rectify any loss of rights by using further processing and addressing any underpayment as well as paying the applicable fee for further processing.
This innovative fee reduction scheme marks a significant stride toward fostering innovation and inclusivity within the European patent landscape, empowering smaller and less experienced organisations to protect their intellectual property and contribute to technological progress.
If you need additional information regarding any of the aforementioned schemes or any matters before the EPO in a broader context, kindly reach out to us.
