To compare the cost of a "classic validation" and a Validation using the Unitary Effect we estimate the initial cost of both options and the downstream costs of maintaining the protection in the States selected.
The validation costs include per selected State: publication fees (if any) + translation costs (if any) + representation costs (if required).
The maintenance fees are calculated considering that the patentee maintains the patent in all validation states.
Attention is particularly drawn to the fact that this simulator is only a tool to compare the global cost between the classic validation and a validation using the unitary effect. The result of this simulation is not a quotation nor a cost estimate and is only for comparison purposes.
1) Classic validation
In this section we evaluate the cost for obtaining a protection from a granted EP patent in the selected States. We consider the situation in which the patentee does a "classic validation", i.e. State by State not requesting a unitary Effect.
1.1) Publication fee
Article 65(2) EPC provides that any contracting state which has adopted provisions under Article 65(1) EPC may prescribe that the proprietor of the patent must pay all or part of the costs of publication of such translation within a period laid down by the state.
In this section we estimate the publication fee to be paid based on the information provided in the information form and the information provided by the contacting states in the "National Law relating to EPC". The publication fee may be expressed in a currency other than Euro, if so we apply a standard conversion rate to express all the fees in Euro.
Attention is particularly drawn to the fact that the amount of the renewal fees are frequently subject to change in various contracting states. We can therefore accept no responsibility for the validity of those amounts.
1.2) Translation Costs
Under Article 65(1) EPC, any contracting state may, if the European patent as granted, is not drawn up in one of its official languages, prescribe that the proprietor of the patent supply to its central industrial property office a translation of the patent as granted in one of that state's official languages. Some contracting states apply the London Agreement reducing the translation requirements.
To estimate the translation cost we consider that no translation cost occurs when a translation of the claims and/or description is already available. Typically, we consider that since the claims are available in English, French and Germain for the grant of the EP patent to have occurred, no additional translation cost in one of those languages is necessary. Similarly, if two or more of the contracting states require translation in the same language, we shall consider only one translation in said language.
For simulation purposes, we consider an average translation cost per 100 words. You may change the value of such average translation cost per 100 words in the simulation form.
1.3) Representation Costs
In some of the contracting states a national professional representative is to be appointed either for patentees that are not national of said contracting states or for patentees whose permanent residence or seat is not in the territory of the EEA.
For simulation purposes, we consider that when representation is required or when a translation is required a national professional representative is appointed.
For simulation purposes, we consider a flat fee for representation in each country. You may change the value of such flat fee in the simulation form.
1.4) Renewal fees
Under Article 141 EPC, "national" renewal fees in respect of a European patent may be imposed for the years which follow that in which the mention of the grant ofthe European patent is published in the "European Patent Bulletin".
For simulation purposes, we consider that the patentee uses a third party for the payment of annual fees. An average flat fee for managing and paying each annual fee is counted in the simulation process. You may change the amount of such average flat fee in the simulation form.
Attention is particularly drawn to the fact that the amount of the renewal fees are frequently subject to change in various contracting states. We can therefore accept no responsibility for the validity of those amounts.
2) Unified validation
In this section we evaluate the cost for obtaining a protection from a granted EP patent inthe selected States. We consider the situation in which the patentee requests Unitary effect for all the states that are part of the Unitary package and does a "classic validation", i.e. State by State, for selected States that are not part of the unitary package.
2.1) Publication fee
There is no publication fee for the European patent with Unitary effect.
For the selected contracting states that are not part of the unitary package the calculation is done as described for the classic validation.
Attention is particularly drawn to the fact that the amount of the renewal fees are frequently subject to change in various contracting states. We can therefore accept no responsibility for the validity of those amounts.
2.2) Translation Costs
During at least a transition period the patentee has to provide a translation of the granted EP patent for the Unitary effect. For simulation purposes, we consider that the EP granted patent is to be translated in one of the EPO official languages therefore only the cost of a translation of the description is considered since the claims have been translated during the grant procedure before the EPO.
For the selected Contracting states that are not part of the Unitary package the calculation is done as described for the Classic validation.
2.3) Representation Costs
Considering that a translation has to be filed and a unitary effect requested for the Europeanpatent with unitary effect, in terms of cost we consider that the patentee is to be represented for the Unitary effect.
For the selected contracting states that are not part of the unitary package the calculation is done as described for the Classic validation.
2.4) Renewal Fees
For the European patent with Unitary effect, the renewal fees are based on the fees level published by the EPO.
For the selected Contracting states that are not part of the Unitary package the calculation is done as described for the Classic validation.
Attention is particularly drawn to the fact that the amountof the renewal fees are frequently subject to change in various contractingstates. We can therefore accept no responsibility for the validity of those amounts.