New EPO policy saves small entities more than €1 million

The latest data from the EPO shows that the small entity fee reduction scheme has been very popular among small and medium-sized enterprises three months since it was launched on April 1, 2024.

The EPO has mitigated the impact of double-digit inflation caused by the pandemic with an extraordinary fee adjustment below the rate of inflation in 2023. From 1 April, the EPO implemented a fee reform that replaced regular inflation-based fee adjustments until 2026.

The revised fee structure provides micro-enterprises, natural persons, non-profit organizations, universities and public research institutions with a 30% reduction in all fees during the patent application process. So far, eligible micro-entities have saved more than 1 million euros under the program, benefiting more than 1,900 patent applications and reducing more than 4,000 fees. More than 70% of requests came from EPC member states, with the top ten countries being Italy, Germany, the United Kingdom, France, Switzerland, Spain, Finland, Poland, Sweden and Austria. The overall proportion of applicants benefiting remained at 2%.

Through targeted fee discounts, the EPO is delivering on its promise to help key underrepresented players in the innovation ecosystem protect, at a lower cost, their most valuable inventions, in which they have invested years of time and effort. These fee discounts are part of a suite of complementary measures aimed at making the patent system more accessible. These include established language-related fee discounts, and the launch last year of the EPO’s Patent and Technology Observatory’s Deep Tech Finder – a free digital tool that helps investors discover and evaluate European start-ups that are bringing inventions in key technology areas to market.

How to apply for fee waiver

The fee reduction for small entities applies to both new applications and pending patent applications, provided that the small entity has not filed five or more applications in the past five years. It can be combined with other fee reductions, in particular those related to language. Applying for both is easy - just tick the box on the electronic forms provided by the EPO, such as Form 1001 (Request for Grant of a European Patent), Form 1200 (Entry into the European Phase) or, for pending patent applications, Form 1011 etc. (Declaration of a Micro-Enterprise, SME etc.).