The Select Committee of the Administrative Council of the EPO endorsed the True Top 4 proposal tabled by the European Patent Office on renewal fees applicable to the unitary patent. At the meeting held by the EPO and the EU Member States participating in the unitary patent, the proposal was adopted with the required ¾ majority.
This is a significant outcome for the Select Committee, in which various fee proposals have been discussed, and this decision clears the way for other final preparatory measures for the unitary patent. The True Top 4 proposal for the fee covering the territory of the participating 25 EU Member States corresponds to the total sum of the renewal fees currently paid for the four most frequently validated countries (Germany, France, UK and the Netherlands), and contains a clause for possible revision after four years. Specific care has been taken to consider the situation of SMEs.
President Benoît Battistelli said: “I am delighted that the Select Committee has endorsed the True Top 4 proposal. Over the last few months, the EPO and the participating Member States have considered the level of fees extremely carefully because it will have a bearing on the attractiveness of the unitary patent to applicants.”
“I am confident that today’s decision strikes a positive balance, ensuring that the fees represent a real cost saving to the user and also providing a healthy operating budget for the EPO and the participating Member States. This is another major step in achieving truly uniform patent protection in Europe.”
This first decision is linked to the decision to be taken for the distribution key between the Member States regarding the income generated by the Unitary Patent. The whole package should be finalised during the autumn.
Source: EPO
