As we all know, in order to maintain the validity of patent rights, patent holders need to pay annual fees on an annual basis. This is different from traditional European patents, which require paying annual fees of different amounts to patent offices in multiple countries and comply with the different annual fee payment rules and requirements of each country, especially the annual fee payment period of each country. However, the European unified patent is different. Patent holders can only pay an annual fee to the European Patent Office (EPO) in a single currency (Euro) within a unified period in accordance with the legal provisions of the European unified patent. This greatly simplifies the operating procedures for users.
The annual fee for the unified patent is very consistent with business interests. Its level is the same as the sum of the annual fees of the four European countries that took effect in 2015. The total annual fee for a unified patent in the first 10 years (the average life cycle of a European patent) is less than 5,000 euros, which is particularly attractive in the early stages.
Unified annual patent fee for each year (unit: Euro)
year | Unitary Patent (UP) | Currently covers 18 member states | 25 member countries to strengthen cooperation |
|---|---|---|---|
| 2 | 35 | 146 | 223 |
| 3 | 105 | 1,049 | 1,321 |
| 4 | 145 | 1,209 | 1,815 |
| 5 | 315 | 1,663 | 2,470 |
| 6 | 475 | 2,224 | 3,207 |
| 7 | 630 | 2,774 | 3,830 |
| 8 | 815 | 3,461 | 4,607 |
| 9 | 990 | 4,296 | 5,584 |
| 10 | 1,175 | 5,036 | 6,518 |
| 11 | 1,460 | 5,861 | 7,572 |
| 12 | 1,775 | 6,734 | 8,695 |
| 13 | 2,105 | 7,646 | 9,919 |
| 14 | 2,455 | 8,533 | 11,099 |
| 15 | 2,830 | 9,411 | 12,279 |
| 16 | 3,240 | 10,483 | 13,670 |
| 17 | 3,640 | 11,464 | 15,022 |
| 18 | 4,055 | 12,362 | 16,277 |
| 19 | 4,455 | 13,554 | 17,844 |
| 20 | 4,855 | 14,702 | 19,353 |
total:
- Unitary Patent: EUR 35,555
- Total annual fees for the 18 countries currently covered: 122,608 Euros
- Total annual fees for the 25 enhanced cooperation members: 161,305 Euros (based on the national annual fee standards as of August 1, 2023)
Overall cost of the unitary patent
When comparing the total costs of the Unitary Patent with those of a traditional European patent, one should consider not only the annual fees, but also the validation and maintenance costs of the European patent. These costs usually include: translation costs for validation in each country; publication fees paid to the national patent offices; service fees for lawyers or other service agencies. Based on these comprehensive costs, it is clear that the overall cost of the Unitary Patent is lower than the cost of validation and maintenance in four Member States (the average number of validation countries at present). The more countries the Unitary Patent is validated, the more obvious the economic advantages of choosing the Unitary Patent become.
For example, the total cost of validating a European patent in Germany, France, Italy and the Netherlands (the four most frequently validated countries) and maintaining it until its 12th year can be as high as €16,527 (estimated based on attorney quotes; costs may be slightly lower if using an annuity firm).
In contrast, the Unitary Patent has slightly lower annual fees for the same period, and the cost can be significantly reduced to €11,399, which is a 31% saving compared to the traditional European patent. This saving is roughly the same in the 10th or 15th year. Even if the Unitary Patent is used in combination with the European Patent (for example, validation in major countries that do not participate in the Unitary Patent system, such as the UK or Switzerland), the overall cost is still 10%-19% lower than the traditional way.
Estimated total costs for implementation and maintenance (in Euros, including external costs)
| category | Unitary Patent (UP) | UP + UK EP | UP + Swiss EP | UP + English/Swedish EP | Traditional EP (4 countries) |
|---|---|---|---|---|---|
| 5th-10th year government fees | 4,400 | 5,235 | 5,522 | 6,357 | 4,661 |
| External expenses in years 5-10 | 2,988 | 3,490 | 3,661 | 4,163 | 6,106 |
| Total (until year 10) | 7,388 | 8,725 | 9,183 | 10,520 | 10,767 |
| Savings amount and percentage | 3,379 (31%) | 2,042 (19%) | 1,583 (15%) | 247 (2%) | — |
| category | Unitary Patent (UP) | UP + UK EP | UP + Swiss EP | UP + English/Swedish EP | Traditional EP (Four Countries) |
|---|---|---|---|---|---|
| Official fees for years 5-12 | 7,635 | 8,946 | 9,422 | 10,733 | 8,261 |
| External expenses for years 5-12 | 3,764 | 4,552 | 4,837 | 5,623 | 8,266 |
| Total (until year 12) | 11,399 | 13,498 | 14,259 | 16,356 | 16,527 |
| Savings amount and percentage | 5,127 (31%) | 3,029 (19%) | 2,267 (14%) | 170 (1%) | — |
| category | Unitary Patent (UP) | UP + UK EP | UP + Swiss EP | UP + English/Swedish EP | Traditional EP (Four Countries) |
|---|---|---|---|---|---|
| Official fees for years 5-15 | 15,025 | 17,404 | 18,245 | 20,624 | 16,591 |
| External expenses for years 5-15 | 5,538 | 6,966 | 7,470 | 8,898 | 13,264 |
| Total (until year 15) | 20,563 | 24,370 | 25,715 | 29,522 | 29,855 |
| Savings amount and percentage | 9,292 (31%) | 5,485 (18%) | 4,140 (14%) | 333 (1%) | — |
| category | Unitary Patent (UP) | UP + UK EP | UP + Swiss EP | UP + English/Swedish EP | Traditional EP (Four Countries) |
|---|---|---|---|---|---|
| Official fees for years 5-20 | 35,270 | 40,654 | 42,500 | 47,884 | 37,461 |
| External expenses from 5th to 20th year | 10,397 | 13,627 | 14,735 | 17,965 | 25,786 |
| Total (until year 20) | 45,667 | 54,281 | 57,235 | 65,849 | 63,247 |
| Savings amount and percentage | 17,580 (28%) | 8,965 (14%) | 6,012 (10%) | -2,603 (-4%) | — |
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