European Patent Office Fee changes from 1 April 2024

Introduction

The European Patent Office fees are changing on 1 April 2024 and the effect of this is that some fees could be higher and some fees could be lower for applicants depending on the circumstances.

We therefore recommend that you take time to review the changes now and decide whether it is worth paying any due fees before 1 April 2024 or whether to wait for the changes to be implemented.

General 4% fee increase

As shown in the fee table below, most of the European Patent Office fees that are commonly paid are increasing by 4%. However, the 3rd, 4th and 5th year renewal fees are respectively increasing by 30%, 28% and 8%, whereas the 6th year renewal fee is decreasing by 2%.

30% fee reduction for micro-entities

As shown in the fee table below, individuals, microenterprises, universities, non-profit organisations and research organisations will be able to benefit from a 30% reduction of most of the European Patent Office fees that are commonly paid.

Limit on number of applications: In order to qualify for the reduction, the entity claiming the fee reduction must not hold more than 4 European Patent applications that were filed in the 5 years preceding the filing date of the relevant application.

Definition of microenterprise: A microenterprise is defined as an entity which employs fewer than 10 people and has an annual turnover that does not exceed €2 million Euros.

Relevant applications: The 30% fee reduction applies to all European Patent applications including those which are currently on file. 

How to claim the reduction: The 30% fee reduction can be claimed on filing by ticking a box on the application form to declare that the or each applicant qualifies as a micro-entity. Thereafter, the reduction can be claimed by filing Form 1011 on or before the date when the reduced fee is paid. The EPO do not require any supporting evidence to be filed but note that the fee will be deemed to have not been paid if the fee reduction is incorrectly claimed.

Table of the existing and new official fees payable to the European Patent Office

How we can help

IPEY are qualified European Patent Attorneys and we are able to provide advice concerning the best time to pay fees to the European Patent Office on applications in order to obtain the lower rate.

Please do not hesitate to contact us by email at mail@ipey.co.uk or by telephone on +44 29 2152 0202 if you have any queries or if you need any advice concerning the fee changes.