tag:blogger.com,1999:blog-5574479.post5917665641791542300..comments2024-03-28T16:45:51.051+00:00Comments on The IPKat: REVEALED: EPO finally proposes level of renewal fees for the Unitary PatentVerónica RodrÃguez Arguijohttp://www.blogger.com/profile/05763207846940036921noreply@blogger.comBlogger11125tag:blogger.com,1999:blog-5574479.post-72749093513792234552015-03-19T14:28:12.348+00:002015-03-19T14:28:12.348+00:00Anonymous @15:36,
I fail to see the validity of y...Anonymous @15:36,<br /><br />I fail to see the validity of your rather forced comparison to a per capita stance.<br /><br />You do know that each sovereign maintains the right to set its laws as it sees fit, right?Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-5574479.post-37065135605688913832015-03-19T11:40:20.691+00:002015-03-19T11:40:20.691+00:00The proposals appear to reflect fear rather than r...The proposals appear to reflect fear rather than rational analysis and if adopted could be extremely damaging as discussed <a href="http://ipnoncredere.blogspot.co.uk/2015/03/europe-down-plughole.html" rel="nofollow">in my blog</a>.Meldrewhttps://www.blogger.com/profile/09841440718012449720noreply@blogger.comtag:blogger.com,1999:blog-5574479.post-4517259695392030062015-03-12T15:36:28.595+00:002015-03-12T15:36:28.595+00:00I prefer a comparison with other markets according...I prefer a comparison with other markets according to the number of inhabitants:<br /><br />Take the US market with 320 million inhabitants vs. the European market with 500 million inhabitants: US annuity fees sum up to 12.600 US$ (for large entities) for the total lifetime of a US patent. According to the ratio of inhabitants this would result into 20.000 US$ for a market of 500 million.<br /><br />Hence:<br />If Europe shall stay compatible internationally, the fees should not sum up to more than 20.000,- EUR<br />Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-5574479.post-39620376186501432592015-03-10T13:24:10.189+00:002015-03-10T13:24:10.189+00:00Well, 50% of the renewal fees of the UP will still...Well, 50% of the renewal fees of the UP will still go to the National Patent Offices in what will effectively be a tax on invention. 19000 EUR per patent to subsidise the national route - or grandiose overpriced buildings such as the new INPI in Paris. Good luck competing with that.<br /><br />GarfieldAnonymousnoreply@blogger.comtag:blogger.com,1999:blog-5574479.post-46995806061493730812015-03-10T12:46:41.497+00:002015-03-10T12:46:41.497+00:00I think I'm right in saying there's no fee...I think I'm right in saying there's no fee for electing a UP (EPUE) at grant. The cost of the translation required in the transitional period, which is no more than fodder for the google translating machine, is the main additional cost. <br />I am relieved that both options are at the level indicated not higher. The TOP5 option is not worth the admin, but that's presumably intentional Helen Jonesnoreply@blogger.comtag:blogger.com,1999:blog-5574479.post-78858275004667624122015-03-09T19:18:26.627+00:002015-03-09T19:18:26.627+00:00A UP is not attractive to small companies that are...A UP is not attractive to small companies that are only interested in 1 or 2 countries. A UP is not relevant for huge companies for who high legal costs are a weapon to use against their smaller competitors (although the additional complexity might help them). <br /><br />A UP is interesting for companies that nowadays carefully select 1-6 countries depending on the importance of the patent. Such companies will often designate FR, DE and UK or something similar. For such companies a little bit extra fee for reduced complexity (1 patent) and broader coverage (all of Europe) might be a good trade. To me, TOP 4 seems reasonable, TOP 5 a little too much. <br /><br />Won't there also be some LOR fee reductions, like already available in DE and UK? I can remember having read something like that before.<br /><br />+ If we really want a cheaper system, we should get rid of the classic EP patent and all the national patent( office)s. In a UPC-only system, fees can be much lower and patent attorneys can not charge huge fees for inventing complex filing and litigation strategies.JBnoreply@blogger.comtag:blogger.com,1999:blog-5574479.post-50817812669981403292015-03-09T17:55:35.307+00:002015-03-09T17:55:35.307+00:00The fees seem entirely reasonable. A strong incent...The fees seem entirely reasonable. A strong incentive for lapse seems wise for old patents that do not make a profit. Patents are, to some extent, a burden on other companies (costs of freedom to operate analysis, especially for old technologies). If you can not make a few thousand euro in profit in year 15-20 in the 25 Member States (hence, if the renewal fee becomes an obstacle), you can question whether the burden by the patent on other companies is justifiable. JPZZnoreply@blogger.comtag:blogger.com,1999:blog-5574479.post-78797688542498267382015-03-09T17:24:03.603+00:002015-03-09T17:24:03.603+00:00Dear Elisabeth
I share your confusion at comment ...Dear Elisabeth<br /><br />I share your confusion at comment of ADogAmongstCats.<br /><br />The opt out fee, which as you rightly says is to opt a classical European patent out of the jurisdiction of the Unified Patent Court, is set by the Court and paid to the Court, not the EPO.<br /><br />If people don't opt out then the UPC (the Court) may become a success even if the Unitary Patent itself is taken up by very few.<br /><br />The way to encourage people to use the Unitary Patent would be to make the renewal fees for UPs low. But that is not what it seems will happen.<br /><br />There should also be a fee paid to the EPO to register the unitary effect, and a translation will also be needed. That fee has not apparently yet been published, but one imagines it will be small compared with the Rule 71(3) fee anyway.<br /><br />DarrenDarren Smythhttps://www.blogger.com/profile/04252776942038752516noreply@blogger.comtag:blogger.com,1999:blog-5574479.post-3258441196709609092015-03-09T17:23:03.345+00:002015-03-09T17:23:03.345+00:00Well, compare it with what is required to keep an ...Well, compare it with what is required to keep an US patent alive for 20 years (i.e. less than 13000 US$ in maintenance fees), and both schemes seem to be hardly appealing.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-5574479.post-77737135270835938562015-03-09T16:43:58.049+00:002015-03-09T16:43:58.049+00:00I thought the "opt-out" (and associated ...I thought the "opt-out" (and associated fee) referred to opting out an ordinary EP from the UPC. <br /><br />I thought you only made your choice after examination when the patent was about to grant, with the choices being: (1) grant as EP (validate in selected countries); (2) grant as UP (+ ES, IT, non-EU EPC countries as required). Therefore, I cannot see how you envisage the EPO encouraging applicants to chose the UP via their wallet.<br /><br />ElisabethAnonymousnoreply@blogger.comtag:blogger.com,1999:blog-5574479.post-30737470229077110852015-03-09T16:11:16.481+00:002015-03-09T16:11:16.481+00:00ADogAmongstCats
Well, there you go....There is a ...ADogAmongstCats<br /><br />Well, there you go....There is a lot of positive sentiments about the UP, rightly so. But I am yet to speak to anyone who has expressed a burning desire to actually use the UP from the off...we shall see, no doubt, when the big day comes around. <br /><br />What will happen if most applicants opt out? Here's my personal view. There is a lot of pressure to make the UP succeed and if the majority opt out, then I believe the EPO will seek to change applicants behaviour through their wallet. As Ryan Air tries to dissuade passengers from putting your luggage in the hold, so the EPO will make the opt-out fee so large that you'll be 'encouraged' to opt in...<br /><br />The end result? applicants will revert to national filings...another giant leap backwards for a great Euro-fudge...<br /><br />I hope I'm wrong with this view, but time will tell. So, the big question from me is, what will the opt out fee be?<br /><br />Signed...ADogAmongstCatsAnonymousnoreply@blogger.com