European patent applications: fee reductions for small entities

As from April 1, 2024, the European Patent Office (EPO) has implemented Rule 7a EPC which defines the possibilities regarding official fee reductions for European patent applications. Within this new Rule 7a, two fee reduction schemes can be discerned.

Language-related reduction

First of all, there is the language-related reduction scheme. This scheme was previously already in force at the EPO under rule 6 EPC and has now been integrated into Rule 7a EPC, paragraphs 1 and 2.

The language-related reduction applies to applicants that are microenterprises, small and medium-sized enterprises, natural persons, non-profits, universities or public research organisations. These applicants should also be a resident of a contracting state, or have their principal place of business in a contracting state, that has an official language different from English, French or German. 

If such an applicant has filed their application in this different language, they are eligible for a 30% reduction of the filing fee. The same applies to the examination fee if the applicant has filed their examination request in that different language. A concrete example would be a Belgian natural person filing both their application and examination request in Dutch, thus granting them both a filing fee reduction as well as an examination fee reduction. 

Micro-entity reduction

The second reduction scheme that can be found in Rule 7a EPC is the one aimed at micro‑entities, more specifically micro-entities who rarely file European patent applications. Note that the term ‘micro-entities’ should be interpreted as not only microenterprises, but also natural persons, non-profits, universities and public research organisations.

The micro-entity reduction scheme has two conditions. The first one is that the applicant needs to be a micro-entity. The second one is that the applicant cannot have filed more than four European patent applications in the last five years. In regard to European patent applications filed directly with the EPO, you should look at the filing date in order to calculate whether or not you have reached the cap of four European applications. For European entries via the PCT route – so called Euro-PCT applications – the date of entry into the European phase is used for the cap calculation. 

If the applicant meets the above criteria, they are eligible to a 30% reduction of the filing, examination, search, designation, grant, and renewal fee. 

Combination of both reduction schemes

In the case where an applicant meets the conditions for both the language-related reduction as well as the micro-entity reduction, the applicant is granted both 30% reductions sequentially. The applicant will thus receive a total reduction of 51% on the filing and examination fee and a 30% reduction on the search, designation, grant, and renewal fees. 

Important to note for both reductions schemes is that when there are multiple applicants, they all need to meet the relevant requirements to benefit from these reduction schemes.

Below is a flowchart which you can use to easily determine for which reductions you are eligible:

Do you have any questions or want more information? Feel free to contact our experts at info@dcp-ip.com.