11. What is the cost of getting patent in Europe for my invention?

What is the cost of getting patent in Europe

The official patent cost for filing a patent application in Europe is EUR 130. Attorney fees for drafting a patent application in Europe would be around EUR 3000 to EUR 5000 based on the complexity of the invention.

Table of Contents

How much is the cost of getting a patent in Europe? There is no precise and accurate answer to this question as the cost of obtaining a patent is dependent on multiple factors, however lets discuss approximate range of costs involved at each stage from invention disclosure to grant of patent

There are two elements for the cost of getting a patent in Europe:

  • The costs for Patent Office (EPO) fees for Forms, requests, and renewals.
  • Professional Charges for patent agent / attorney 

Before we proceed, One thing (question) most certainly hits the inventors mind at least once in the process of getting a patent for his invention that is:

“If I am the creator of the invention, I know it inside out and I can describe it in a detailed manner then why does Patent Attorney charge so much fees to write my patent application in the right format ?”

To get a quick and self-evident answer to your question, check our section on Why Patent Attorney charges so much fees just to write my patent application?

As a matter of fact, Patent attorney Professional charges are the most expensive component which drastically varies based on the complexity of the invention to be patented, the field of invention, and the experience of the patent attorney.

Official fees / European patent office Fees

Let’s discuss the stage wise procedure for getting patent in Europe below is the table for list of patent fees in europen patent office as per stages :

CodeDescriptionfees in EUR
001 Filing fee – EP direct – online 130
002 Fee for a European search 1390
003 Fee for an international search 1775
005 Designation fee For all contracting States designated 630
006 Examination fee 1750
007 Fee for grant and printing including fee for publication 990

Patent attorney fees for filing European patent application

it really depends on multiple factors :

  • the complexity of invention
  • scope of invention
  • experience of the patent attorney
  • stage of patent (provisional or complete) etc.

the patent attorney in Europe charges fees in lumpsum that is one time payment or an hourly rate. In general

  • for simple inventions the attorney fees can range from EUR 1500 to EUR 3500 and
  • for a very complex inventions the attorney fees can ranage from EUR 3000 to EUR 6000.

So, approximate cost for filing Europen patent from filing to grant of patent would range from EUR 13000 to EUR 18000

Note: these costs are mentioned are exemplary and may vary with respect to patent attorneys and companies.

The link here is the fees structure mentioned at EPO website.

procedure for getting patent in europe
The Process of Obtaining a European Patent, Source: EPO

Yet to give you an approximate idea, the cost to get a patent in Europe is approximately EUR 13000 to EUR 18000 + assuming that you have hired an experienced patent attorney in Europe who is the right fit for your subject matter or invention and its complexity. Selecting the Right patent attorney for your invention at the right cost can be a more complex process than you would have imagined.

Stage wise break down of Cost for getting patent in Europe 

  • Novelty Search optional step (about EUR 500 to EUR 1500)
  • Patent drafting and filing in Europe (from EUR 1500 to EUR 3,500) for simple invention and it can range from (EUR 3000 to EUR 6000) for complex inventions.

Note: these costs are mentioned are exemplary and may vary with respect to patent attorneys and IPR firms.

Stage 1: invention disclosure

This is the initial phase when you (inventor) disclose your invention to the patent attorney you selected to work with (patent agent) by signing a Non-disclosure agreement. This agreement is to ensure the confidentiality of your invention and there are no charges for signing NDA.

When writing Invention disclosure for your invention you should submit each know fact about your invention, description diagrams, and experimental results (if any). Hold nothing back. The disclosure of the invention must be 

  • described in substantial details
  • includes pictures, flowcharts, diagrams where ever applicable
  • Optionally includes experimental data proving novelty and non-obviousness
  • Charts and tables about research and development 

This helps patent attorney in patent research as well as the drafting process.

Stage 2: Novelty search / Patentability Search

Simple inventionComplex invention
EUR 500EUR 1500

In this phase, patent attorney/agent performed an extensive search for prior art in all possible databases for patent, articles, thesis, etc… And builds a patentability search report based on the closest prior art found for your invention.

Although an optional step, Doing a novelty search for your invention can really save you thousands of Euros for involving in the patent process for an invention that is not novel and already known to the public.

Approximate Cost for novelty search is in the range of EUR 500 to EUR 1500 and time required for novelty search is about 1 to 2 weeks .

The patent attorney generally prefers to have an independent opinion about the novelty search so most of them outsource it to a patent researcher.

Stage 3: Opinion about patentability

Upon receiving the novelty search report for your invention, the next step is a critical review by a patent attorney to build an opinion about the patentability of your invention. Here the cost defers based on the complexity of invention and number of closely associated prior arts found in the research. This opinion tells you (inventor) whether it would be wise to proceed with patent filing or not.

Cost: the cost for providing patentability opinion ranges from EUR 500 to EUR1000
Time required: The time required for providing patentability opinion ranges from 3-4 hours to a couple of days based on the complexity of the invention and prior arts cited in the novelty search report

On reviewing the patentability search report and discovered the closest prior arts for your invention you can make a decision on whether to go ahead with patent application filing. Your patentability opinion should be positive, that is, your invention needs to have an “inventive step” as compared with existing prior art to be able to qualify for a patent.

When you decide to go ahead with patent filing next step is writing a patent application also called patent drafting.

Stage 4: Patent writing or patent drafting

4. drafting Patent application in Europe:

Simple inventionComplex inventionVery complex invention
EUR 1500EUR 3000EUR 6000

Drafting a patent application is a specialized job and requires both technical (field of the invention) and legal (Europe patent law) understanding. Patent is a techno-legal document. Many inventors trying to write a patent application on their own write it from a completely technical perspective. Writing a patent application as a technical document without considering the legal aspect may be a mistake that can make your application not worth a lot. And all the efforts you took for research and development can go waste.

Hence, a right patent attorney with appropriate experience can remarkably add value to patent application.

If you are still thinking, whether you would be saving few thousand of dollars by writing and filing your patent application on your own (without the help of a patent attorney) our secion would help you decide if you can go for patent drafting and filing on your own (Do it yourself) or do I really need to hire a patent attorney for writing and filing patent application ?

Drafting of patent application is a most important step in the entire life cycle of Patent for the protection of your invention. This is the step where the real skills of a patent attorney come into play as patent drafting is: 

  • the most time consuming
  • most complex
  • and skillful task that requires years of experience in technology as well as patent law 

Cost: The cost for drafting a patent application in Europe varies in a great deal as it is dependent on multiple factors like a field of invention and complexity and the cost can range from EUR 1500 to EUR 6000.

Time required: it takes about 1 to 2 weeks time for a patent attorney to draft an application for an invention. It certainly can take more time based on complexity, length of description, and availability of the patent attorney.

Stage 5: Filing Patent application

Patent filing involves patent office fees as explained in the table below

EPO fees for filing patent application in Europe is EUR 130 and fees for search is EUR1750

When you are done with the review of the patent drafted and satisfied with the scope and technical details in the patent application, you can file the patent application at EPO, with appropriate forms with appropriate fees. Publication of patent application occurs after the expiration of an 18-month period , along with search report following priority date claimed by an application.

Stage 6: Patent Examination

Patent examination fees for EPO is EUR 1750

After the application is filed, the European Patent Office takes the application up for examination (usually in about 22-36 months). In this stage, patent examiners at EPO conduct examination in 2 stages:

  1. examination of filing, formalities examination, preparation of european search report and preliminary opinion on patentability and then the patent application and search report is published
  2. in this stage substantive examination is done for patent application and the decision about patent grant is taken

Stage 7: Office action

The examiner then issues the requisite communications and for discussing the application with you (applicant). Such discusison with examiner could happen

  • in writing,
  • on the telephonic discusison or
  • by videoconference (VC)

If oral proceedings are requested by the applicant or arranged at the EPO’s initiative, they are held before the full examining division by videoconference. The final decision on the grant of the patent or refusal of the application is also a matter for the full examining division. 

Office action contains the objections raised about your patent application by the patent examiner, which can range from a variety of objections. You (inventor) has a chance to respond to objection and put your side in front of the examiner, this is something called “response to office actions” in most cases the response is drafted with the help of your patent attorney.

This is a chance for an inventor to communicate his novelty or inventive step over prior arts found in the examination report. The inventor and patent attorney create and send a response to the office action that tries to prove that his invention is indeed patentable and satisfies all patentability criteria.

or optionally modifies the claims accepting objections raised, that is the applicant may amend the patent application as specifically required by the examiner and proceed with the grant of patent.

Stage 8: Grant of Patent

The European patent office grants patent to you (applicant) if it is found to be meeting all patentability requirements !!! or it may be rejected if it happens to be not meeting patentability criteria.

When your patent application is to be granted by EPO, the grant procedure has 2 steps

  1. EPO should grant the patent and
  2. The patent should be validated in countries of your interest.

When the certificate of grant of the patent has been issued, it will be sent on to you. There is also an opposition period of nine months from the date of grant in which third parties may file an opposition to your patent. If this were to happen we would inform you immediately.

Validation of the patent in selected designated countries: Within 3 months of the date of the grant, all necessary action must be taken in selected designated countries in order to give effect to your patent.

Stage 9: Renewal of patent fees

You need to pay renewal fees to the EPO in respect of your European patent application. These are due in respect of the third and each subsequent year, calculated from the date of filing. 

Once the patent is granted, it will be valid for up to 20 years from the date of filing the application. Inventors are required to pay a maintenance fee periodically to maintain the patent in force. 

for details about fees you may check EPO patent fees

For details on steps and procedures for getting patent in Europe refer sections in list below

Prasad Karhad
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