New proposal renewal fees unitary patent
The EPO has made a new proposal for the level of the renewal fees that would be payable for a unitary patent. Accompanying the proposal is a document with costs comparisons between a classic European patent and a unitary patent.
According to the document, the new proposal is in response to requests that the level of the renewal fees payable during the first few years of a unitary patent's life be adjusted. The adjusted proposals, bases the fees for the first ten years on the sum of the national renewal fees payable in the countries in which European patents are most frequently validated.
The previous two proposals had names TOP4 and TOP5. The TOP5 proposal is higher than the TOP4 proposal but has a fee reduction for small and medium sized enterprises (SMEs). The new proposals are named true TOP 4 and true TOP5.
The new true TOP 4 renewal fee scheme level is based on the sum of the renewal fees paid today for the four most frequently validated countries. The true TOP 5 level is based on the sum of renewal fees paid today for the five most frequently validated countries.
The new renewal fees are in the table below, together with the previous proposal.
As you can see the renewal fees are considerably less in the early years. This means that the price increase after grant of patent has disappeared. The total renewal cost over the first 10 year is thus reduced: 34% for Top4, 21% for Top5.
Over the total 20 years patent can remain in force, the total cost reduction is less in percentage. (The table does not show the renewal fees for SMEs in case of the TOP5 proposals. Both in case of TOP5 and in case of True TOP5, some entities receive a 25% cost reduction).
The graph below shows the accumulated costs in euro for the Top4, True Top4, Top5, and True Top 5.
According to the document, the new proposal is in response to requests that the level of the renewal fees payable during the first few years of a unitary patent's life be adjusted. The adjusted proposals, bases the fees for the first ten years on the sum of the national renewal fees payable in the countries in which European patents are most frequently validated.
The previous two proposals had names TOP4 and TOP5. The TOP5 proposal is higher than the TOP4 proposal but has a fee reduction for small and medium sized enterprises (SMEs). The new proposals are named true TOP 4 and true TOP5.
The new true TOP 4 renewal fee scheme level is based on the sum of the renewal fees paid today for the four most frequently validated countries. The true TOP 5 level is based on the sum of renewal fees paid today for the five most frequently validated countries.
The new renewal fees are in the table below, together with the previous proposal.
Top4 | True Top4 |
Top5 | True Top5 |
|
2nd year: | 350 | 35 | 350 | 85 |
3rd year: | 465 | 105 | 465 | 165 |
4th year: | 580 | 145 | 580 | 255 |
5th year: | 810 | 315 | 810 | 455 |
6th year: | 855 | 475 | 880 | 645 |
7th year: | 900 | 630 | 950 | 825 |
8th year: | 970 | 815 | 1110 | 1050 |
9th year: | 1020 | 990 | 1260 | 1255 |
10th year: | 1175 | 1175 | 1475 | 1475 |
11th year: | 1460 | 1460 | 1790 | 1790 |
12th year: | 1775 | 1775 | 2140 | 2140 |
13th year: | 2105 | 2105 | 2510 | 2510 |
14th year: | 2455 | 2455 | 2895 | 2895 |
15th year: | 2830 | 2830 | 3300 | 3300 |
16th year: | 3240 | 3240 | 3740 | 3740 |
17th year: | 3640 | 3640 | 4175 | 4175 |
18th year: | 4055 | 4055 | 4630 | 4630 |
19th year: | 4455 | 4455 | 5065 | 5065 |
20th year: | 4855 | 4855 | 5500 | 5500 |
Total over 20 years | 37995 | 35555 | 43625 | 41955 |
Total over 10 years | 7125 | 4685 | 7880 | 6210 |
As you can see the renewal fees are considerably less in the early years. This means that the price increase after grant of patent has disappeared. The total renewal cost over the first 10 year is thus reduced: 34% for Top4, 21% for Top5.
Over the total 20 years patent can remain in force, the total cost reduction is less in percentage. (The table does not show the renewal fees for SMEs in case of the TOP5 proposals. Both in case of TOP5 and in case of True TOP5, some entities receive a 25% cost reduction).
The graph below shows the accumulated costs in euro for the Top4, True Top4, Top5, and True Top 5.
What is meant by the sentence: "This means that the price increase after grant of patent has disappeared."
ReplyDeleteIn the original proposal the renewal fees for a unitary patent were the same as the EPO renewal fees for patent applications that were not yet granted (the EPO's internal renewal fees (IRF)).
DeleteIf you had an early grant, the IRF were quite a bit higher than national fees. In a sense you would get a price increase if you'd choose for a unitary patent instead of nationally validated patents.
The current proposal eliminates this problem. A grant as a unitary patent or a grant as a national patents pays the same in renewal fees. (assuming you validate in 4 (for TOP4) or 5 (for TOP5) countries.)