The European Patent Office (EPO) has introduced a new micro-entity regime with reduced fees for those who are eligible, starting from April 1, 2024.
The micro-entity regime applies to the applicants hereinafter defined, irrespective of their nationality or domicile, for the lifetime of a direct European application and/or a Euro PCT application: (a) microenterprises; (b) natural persons; (c) non-profit organisations, universities or public research organisations.
In case the patent has more than one applicant, each applicant must meet the requirements for micro-entity.
Furthermore, a “previous application filing limit” of no more than 5 applications in the past five years prior preceding, including the application that is receiving the fee reduction, is provided.
The patent application which fulfills the above requirements may enjoy a 30% fee reduction for fees such as filing fees, search fees, examination fees, designation fees, grant fees and renewal fees. Nevertheless, some fees, including extension fees for extension states, validation fees, excess claims or excess page fees, do not get fee reductions.
The meaning of microenterprises is based on the definition in the EU Commission Recommendation of 6 May 2003: an enterprise which employs fewer than 10 persons and whose annual turnover (the amount of money taken in a particular period) or balance sheet (a statement of a company’s assets and liabilities) does not exceed EUR 2 million. Further conditions apply when the microenterprise involves partner enterprises and/or linked enterprises.