Article 12
Level of renewal fees

1.Renewal fees for European patents with unitary effect shall be: 

(a)progressive throughout the term of the unitary patent protection; 

(b)sufficient to cover all costs associated with the grant of the European patent and the administration of the unitary patent protection; and 

(c)sufficient, together with the fees to be paid to the European Patent Organisation during the pre-grant stage, to ensure a balanced budget of the European Patent Organisation. 

2.The level of the renewal fees shall be set, taking into account, among others, the situation of specific entities such as small and medium-sized enterprises, with the aim of: 

(a)facilitating innovation and fostering the competitiveness of European businesses; 

(b)reflecting the size of the market covered by the patent; and 

(c)being similar to the level of the national renewal fees for an average European patent taking effect in the participating Member States at the time the level of the renewal fees is first set. 

3.In order to attain the objectives set out in this Chapter, the level of renewal fees shall be set at a level that: 

(a)is equivalent to the level of the renewal fee to be paid for the average geographical coverage of current European patents; 

(b)reflects the renewal rate of current European patents; and 

(c)reflects the number of requests for unitary effect.