Cost of European Patent: Everything You Need to Know
If you need assistance in filling out or filing a European patent of figuring out the cost of European patent, make sure to post a job on the UpCounsel marketplace. 3 min read
2. The Procedure
3. Fees and Costs
4. Your Application
What is the Cost of a European Patent?
The cost of European patent is associated with the fees that are charged to an individual who desires to submit an application and to go through the European patent process.
Anybody who desires to can submit an application in relation to and concerning the observation of the patentability of an application. The application must be in relation to the invention. There are no direct fees for this sort of application
Individuals are advised to use online forms through the EPO. The form has been created to help inventors create documents with information about their inventions in a structured, complete, and concise manner. This form is free to inventors.
When you file an observation with the EPO, you will not be alerted to or privy to any official undertakings involving your patent and the proceedings that follow the applications.
If an observations of application is completed as a third-party entity, then this paperwork will become part of the public record and all people will have access to it.
The European patent application must have the following information:
- The specific description of the invention
- Claims in regard to the invention
- Drawings that illustrate the invention
- An abstract
This information should be placed on a document called a grant of a European patent and the paperwork should be placed on form 1001.
The entire process to grant a patent does take a total of three to five years. This timeframe starts on the date that you file the paperwork and your claim. There are two stages that the patent will go through.
If you want a European patent, then there are two choices that you can pick from. You can pick the European route, but your patent must meet certain requirements within a 31 month time frame of the date that you initially file your paperwork. Also, you can claim a priority for the patent that will push the patent to the next date on the priority patent calendar. If you feel that there is a priority, then you can assign priority to your application on the paperwork. Details about priority and the European route are further explained in the Euro-PCT guide. Look at point 449 ff for more information.
Fees and Costs
You will need to pay a fee when you actually file your patent applications. There are additional fees that apply if your application is more than 35 pages long. Fees for designation of the contracting state, searches, claims that exceed 15, printing, granting, and investigation of the application.
At the beginning of the process you will need to pay specific search and filing fees. Online filing comes with a charge of EUR 1,420 and mailed in applications come with a EUR 1,510 fee.
Fees also may be charged for the validation of the patent through specific contracting states. Once the patent is granted, you will need to pay renewal fees for each state in which the patent is designated.
Fees involved with patenting an invention include those of a patent attorney. While the costs may seem steep, the EPO does offer financial assistance for some individuals. Any fees that you do end up having to pay can be sent through a mailed payment or a bank transfer can be set up. Credit card payments are not accepted by the EPO.
If you want to request information about an application or fees or if you need to changed information, like your address, on the application, then contact the EPO in writing. You can also fax requests. Make sure to place the application number on the documents when sending them.
Other changes, like changing the designation of the inventor or adding and inventor can be requested in writing as well. However, these sorts of changes to require an extra fee and you may need to provide some sort of proof that you want the change to be made. For example, an official document can be provided that is signed and dated by both inventors acknowledging the change.
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