Save 50% on patents – good news for small companies

Micro Entity Status at the EPO

Since April 2024, the European Patent Office (EPO) has offered micro entity status, a newly introduced category that allows qualifying applicants to take advantage of further-reduced official fees. By creating a distinct classification from existing small-entity schemes, the EPO aims to make patent protection more budget-friendly for those who might otherwise struggle with standard filing and prosecution costs.

Going Beyond Standard Fee Reductions

Before this micro entity category was introduced, small and medium-sized enterprises (SMEs) and certain other entities could still obtain discounted fees under various EPO mechanisms. However, micro entity status represents an additional level of cost relief for those with particularly limited resources. This structure is reminiscent of similar “micro entity” concepts elsewhere, such as in the United States, and is designed to level the playing field for smaller-scale innovators.

These fee reductions can add up to a substantial financial advantage. For example, inventors and smaller companies might now see significant savings on official fees for filing, search and examination, even for future renewal fees while applications are pending, potentially freeing up funds for broader R&D efforts.

Compliance Is Crucial

Applicants should carefully confirm that they meet each of the EPO’s eligibility requirements, including staff headcount, annual turnover, and the restriction of not having more than five filings in the past five years. Any misstep—such as overlooking growth in employee numbers or neglecting to update the EPO when turnover exceeds limits—can lead to fees being deemed unpaid. In such scenarios, the EPO may treat the application as withdrawn or consider deadlines missed.

It is therefore critical to maintain accurate records of your business profile and patent-filing history. If your circumstances change after you have already claimed micro entity status, notifying the EPO is key to preserving valid applications.

New and Pending Applications

What is often overlooked is that the EPO allows micro entity status not only for new filings but also for applications currently under prosecution. Applicants whose circumstances align with micro entity criteria can request this status at any time, potentially unlocking future cost savings midway through the process. Before doing so, it is advisable to compile all necessary documentation—such as your company’s financial reports or proof of institutional status—to ensure a swift review and acceptance should the EPO request further evidence.

How Bryn Aarflot Can Assist

Our team at Bryn Aarflot stays up to date on newly introduced fees and categories within the European patent system. If you believe you qualify for micro entity status, we would be pleased to assist further by performing an eligibility assessment and advise on supporting documentation for first-time or already pending applications. Our work in connection with this will be invoiced according to our current hourly rates. However, you are always welcome to contact us to discuss your options.