Are renewal fees to be paid for Unitary Patents?

Yes. To maintain a Unitary Patent, the patent proprietor must pay annual renewal fees. The procedural framework for renewal fees for Unitary Patents is aligned with the one in place for European patent applications (Rule 13 UPR). Whereas, for conventional European patents and patent applications, several renewal fees, which may vary in amount, have to be paid to different national patent offices operating under different legal requirements, in particular in terms of their deadlines, the proprietor of a Unitary Patent pays one single renewal fee directly to the EPO, in one currency and under a single legal regime as regards deadlines and admissible means of payment.

The renewal fees have been set at a very business-friendly level, corresponding to the combined renewal fees due in the four countries where European patents were most often validated in 2015, when the fee level was agreed by the Select Committee. The fee level is particularly attractive in the early years, with annual fees for maintaining a Unitary Patent until year ten amounting to less than EUR 5 000.

Unitary Patent proprietors who file a statement to the effect that they are prepared to allow any person to use their invention (licence of right) will additionally benefit from a 15% reduction in renewal fees which fall due after receipt of their statement. The statement is entered in the Register for unitary patent protection.

The system for calculating the due dates for renewal fees for Unitary Patents is also aligned with the one in place for the European patent grant procedure, i.e. renewal fees must be paid by the end of the month containing the anniversary of the filing date of the European patent application. The fees may be paid at the earliest three months in advance. If a renewal fee is not paid by the due date, it may still be paid within six months of the due date provided an additional fee is paid as well (Rule 13(3) UPR).

* Based on national renewal fees as at 1 August 2023.