Patent fees for a sustainable EU patent system

Abstract

This paper puts forward a sustainable fee structure for the EU Patent (COMPAT). The proposal includes pre-grant and post-grant fees and illustrates the differences between Euro-direct applications and PCT applications. The break-even analysis shows that the COMPAT would make the European patent system more attractive with significantly lower relative costs. At the same time, the new schedule provides a financially sustainable model for the system by preserving relatively high absolute fees and allowing for a fee reduction for small innovative firms and public research organizations.