Is it Time to Reconsider: National Filing vs. European Patent Office?

National Filing vs. European Patent Office

In the world of patents, strategic decisions can shape the path to success. One such decision is where to file your patent application. Traditionally, the European Patent Office (EPO) has been a popular choice for applicants seeking protection across multiple European countries. However, recent developments raise an important question: Is it time for applicants to reconsider their filing strategy and opt for national filings instead?

The catalyst for this reevaluation comes in the form of a proposal for a substantial increase in internal renewal fees at the EPO, as detailed in a document known as a "non-paper" (Non_paper_on_fee_policy_May_2023_1694250623.pdf (wolterskluwerblogs.com)) from the European Patent Office . Thorsten Bausch , in his insightful article on the Wolters Kluwer patent blog, provides a comprehensive analysis of these changes and their potential impact.

Here are some key points to consider:

1. Renewal Fee Surge: The anticipated 20 to 25% increase in internal renewal fees at the EPO is a game-changer. For patent holders, this means significantly higher costs to maintain their European patents.

2. National Filing Economics: Approximately half of all European patents are ultimately validated in just three countries: Germany, France, and the United Kingdom. When we crunch the numbers for filing costs, direct national filings in these countries, including translation costs, are very close to stacking up quite favorably against EPO fees. Assuming an average specification length of 25 pages, the total costs for filing direct national applications in Germany, UK and France including translation costs and all official fees will be around 4500 EUR, which is not much different from the European Patent Office's official fees of around 4000 EUR for flilng search and examination.

3. Renewal Fee Disparity: The real kicker in the cost equation lies in renewal fees. Currently, the EPO renewal fees for years 3, 4, and 5 total €2,115. In contrast, Germany, France, and the UK combined amount to just €392 during the same period.

4. Tipping the Scales: With the impending increase in EPO fees, the cost balance between national and European filings starts to tip decidedly toward the more cost-efficient route of direct national filing.

5. The Need for Efficient Execution: To truly capitalize on the cost benefits of national filings, applicants require a low-cost, central provider in Europe that offers a single fixed fee for filing in the UK, France and Germany. A central service provider is requried that can navigate the examination process efficiently and economically.

Valet Patent Services: Your Strategic Partner

At Valet Patent Services, we are that central provider. Our expertise, experience, and cost-effective approach make us the ideal partner for applicants looking to optimize their patent filing strategy in Europe.

If you're curious about how Valet Patent Services can help you significantly reduce your European patent costs and streamline prosecution procedures, reach out to us at [email protected]. We're here to help you make informed decisions and maximize the value of your intellectual property.

In the ever-evolving landscape of patent strategy, adaptability and informed choices are key. It might just be the right time to reconsider your approach to European patent filings.