Is your client concerned about the cost of filing an EP application in view of a negative International Search Report?
Consider filing a Demand for PCT Chapter II Examination at the EPO in the international phase. This provides applicants an additional bite of the cherry: an opportunity to submit amendments and arguments to the EPO before fully committing to the regional phases.
Further, if the EPO was ISA as well as IPEA, applicants enjoy a significant 75% reduction in the EPO's examination fee – an effective discount of over $1,500 in Fall 2023.
Is your client concerned about the cost of renewal fees for an EP application, and is primarily interested in the UK market?
Consider filing in the UK directly: the UK fees are much lower and kick in later. The following figures are based on exchange rates in Fall 2023:
EPO renewal fees by year
- 3rd year: $570
- 4th year: $710
- 5th year: $1000
- Total up to year 5: $2,280
UKIPO renewal fees by year
- 3rd year: $0
- 4th year: $0
- 5th year: $85
- Total up to year 5: $85
Seek advice from a UK/EP patent attorney before filing solely in the UK, particularly for software inventions. Contact us directly for further information.
Notes
- EP Renewal fees: €530 (3rd), €660 (4th), €925 (5th)
- UK Renewal fees (upon grant): £70
Is your client concerned about the cost of filing an EP application, and is primarily interested in the UK market?
Consider filing in the UK directly in view of the much lower official fees [1] for a typical PCT national/regional phase entry in fall 2023:
- EPO: c. $3,600 (if EPO was ISA) to $4,900 (if EPO was not ISA)
- UKIPO: c. $350
Seek advice from a UK/EP patent attorney before filing solely in the UK, particularly for software inventions. Contact us directly for a breakdown of the above costs.
[1] UKIPO – Filing fee: £30 + Search fee: £150 + Exam fee: £100 = £280 ≈ $350
EPO was ISA – Filing fee: €135 + Exam fee: €2,055 + Designation fee: €660 + 3rd year renewal fee: €530 = €3,380 ≈ $3,600
EPO was not ISA – Filing fee: €135 + Search Fee: €1,460 + Exam fee: €1,840 + Designation fee: €660 + 3rd year renewal fee: €530 = €4,625 ≈ $4,900
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.