Patent- und Gebrauchsmusterrecht

Application Strategies – How to get an EPO Search Report for 250€

Advanced Application Strategies – how to get an EPO Search Report for only 250€.

The EPO announced a reduction in fees from April 1st 2018 on. However, choosing the „correct“ application route leads to much higher fee savings.

Let me give you an example and explain where the savings come from:
What happens if you file a first application in Luxemburg, the small duchy in the heart of Europe?

Well, searches for national luxemburgish applications are carried out by the EPO for currently 250€ (c.f. link – plus a national application fee of 20€). After approximately 9 months, the Search Report is delivered and can be analyzed to decide whether an international application (PCT) or EP application is promising.

So far, there is nothing special about the suggested application route…

However, if you file a PCT application claiming priority of your luxemburgish national application with ISA=EPO, there is a 100% refund on the search fee of (currently) 1.775€ if the EPO can use the search report established for the national luxemburgish application. This is normally the case if no lack of unity was found in national proceedings. Keeping in mind that you originally paid 250€ for the search, savings sum up to 1.525€ just by first filing in Luxemburg.

If you file an EP application claiming priority of your luxemburgish national application, there is a 84% refund on the search fee of (currently) 1.300€  if the EPO can use the search report established for the national luxemburgish application. Again, this is only the case if no lack of unity was found in national proceedings.

Keeping in mind that you originally paid 250€ for the search, savings for this application strategy sum up to 842 € (=1300€ -250€ -16% of 1.300€) just by first filing in Luxemburg.

However, there are some more countries for which the suggested application route works fine, but national patent applications in Luxemburg can be filed in German, French or English – all official EPO languages.

 

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