European patent application timeline with expected costs

If you are interested in the patenting costs more generally, please read articles “Costs of patenting” or “How to save money?” first. In this article, we will discuss the steps of a European patenting procedure specifically, also mentioning the expected official fees at each step.

How long does the grant procedure take?

The European patent grant procedure lasts about 2 to 5 years from when the application is filed. 

The European patenting procedure in a nutshell 

The procedure has two main stages. The first stage comprises formalities examination, and preparing a search plus an opinion on whether the claimed invention and the application meets certain requirements. The second stage comprises substantive examination. In most cases, in the first stage there is no need for your active involvement. However, in the second stage you (or your representative) can communicate with the patent office before a decision is born whether to grant or refuse the request for the patent.

How much does a European patent cost?

Official fees are charged for filing (including, if applicable, an additional fee for the 36th and each subsequent page if the application is too long), search, designation of Contracting states, claims (if more than fifteen), examination and grant. Annuity fees are also payable for the third year and each subsequent year after the date of filing until a European patent is granted or until the proceedings have otherwise been closed.

As a rough guide, it currently costs about EUR 6 000 to take a European patent application through to the grant stage. However, the fees have to be paid at different stages of the process, starting with the filing fee and search fee of about EUR 1500. This gives applicants the opportunity to decide at each stage whether or not to continue with their application. It is always possible to quit the process by not paying the fees anymore. (In most cases when a mandatory fee is not paid, the application will be deemed withdrawn.)

Important note: The EPO will not send you invoices or reminders to pay these fees in due time. If you receive invoices, please check their origin carefully.

The steps and important deadlines with expected costs

1. Filing

   Things you should know:
   Applications may be filed by single or multiple applicants, irrespective of their residency and nationality. You can file your application via your patent attorney, or using fax or online. Alternatively, you can also mail your application in paper format to any of the EPO's filing offices located in Munich, Berlin and The Hague. In this latter case however, the filing fee is more expensive. Applications can be filed at the EPO in any language. However, the official languages of the EPO are English, French and German. If the application is not filed in one of these languages, a translation has to be submitted within 2 months of the date of filing.
   When?
   If this is a first application for a patent regarding a certain invention, any time, but preferably as soon as possible, and definitely before any publication takes place.
   If this is not the first application, the filing must happen within 12 months (priority year) of your first filing.
   Fees due:
   Filing fee: currently EUR 135 (online) or EUR 285 (not online)
   Search fee: currently EUR 1460
   The filing fee has to be paid together with the search fee within 1 month of filing the European patent application.
   Important deadlines:
   Payment of the filing and search fee within 1 month of filing.
   
   You can find more articles about filing here: “When to file?” and “Where to file?”

2. According a filing date - Preliminary examination of the filed documents

   Things you should know:
   After filing, the EPO examines the received documents to check whether the requirements for according a filing date have been met.
   The date of filing is a very important date for several reasons, since it is the date from which the term of the patent is calculated, and the filing date will represent the date at which the invention’s patentability (novelty, inventive step, etc.) is assessed. Furthermore, it is the date from which the priority year is calculated. To successfully obtain a filing date, very few steps are required. Basically all is needed is an indication that a European patent is sought; information identifying the applicant or allowing the applicant to be contacted; and a description or reference to a single previous application.*
   In order to obtain a filing date, you do not even have to pay the filing fee. So, if you only need a filing date for the purpose of claiming priority or for investors, it is quite simple to get one. However, if you plan to keep the application alive and request examination, you should indeed file a full application, because adding new information to the application is not possible.
   When?
   Right after filing.
   Fees due: -
   Important deadlines:
   Only if there is a deficiency and you receive a communication from the EPO in this regard. In that case, the deadline will be included in the communication (usually a non-extendable period of two months).
   
   You can find more information about the filing here: “What happens after filing a European patent application?”

3. Formal examination

   Things you should know:
   After a filing date is accorded, the EPO examines whether the filing fee, any additional fees and the search fee have been paid in due time. Furthermore, they conduct a formalities examination relating to certain formal aspects of the application, such as the form and content of the request for grant, drawings and abstract, the designation of the inventor and the appointment of a professional representative. In this examination, they also check whether the necessary translations, if required, have been filed.
   When?
   After a filing date is accorded.
   Fees due: -
   Important deadlines:
   Only if there is a deficiency and you receive a communication from the EPO in this regard. In that case, you will be invited to remedy them within a certain period of time (usually two months).
   
   You can find an article about the parts of the European patent application and the formal examination here: “Formal examination and the parts of the patent application”

4. Search

   Things you should know:
   While the formalities examination is being carried out, the EPO conducts a search. As a result, a European search report will be drawn up, listing and including copies of all prior art documents found by an examiner and regarded as relevant to your invention. The European search report will also include an initial opinion on the patentability of your invention.
   The European search is not equal to the prior art search you conducted before filing. While the prior art search was based on your idea, the European search is based mainly on your claims, but your description and any drawings will also be taken into account. Thus, if you initially filed a broad claim on purpose, the result of the European search might be negative, but that does not mean an automatic refusal of the application.
   When?
   The EPO strives to issue the European search report within six months of the filing of the application. The EPO will not start the search until your application is accorded a filing date.
   Fees due:
   A search fee has to be paid for the European search, as mentioned when discussing the filing, but it has to be paid together with the filing fee.
   Important deadlines:
   The search fee must be paid within one month of filing. When the search is conducted, there is no deadline for the applicant, unless lack of unity is found by the search division, and the applicant would like to pay for further search(es). In this case, a fee for further search(es) should be paid within a period of two months (not compulsory).

5. Publication

   Things you should know:
   The application is published, normally together with the search report in electronic form, on the EPO's publication server. (The publication server is accessible via the EPO website.)
   From now on, your invention will appear in different patent databases (for example Espacenet) accessible to other people around the world.
   If you know that you will not proceed further with the application, and you do not want your invention to become available to the public, you should withdraw your application before publication.
   After your application is published, it will act as prior art against any future patent applications from other inventors or companies for similar inventions. From the date of publication, the application confers provisional protection on the invention in the states designated in the application.
   When?
   The application is published 18 months after the date of filing or, if priority was claimed, the priority date.
   Fees due:
   If you decide to proceed further, you have to pay the following fees.
   Examination fee: currently EUR 1840
   Designation fee: currently EUR 660
   (Plus extension and validation fee(s) for extra countries, such as Bosnia and Herzegovina, in addition to the EPC member states, if applicable.)
   Important deadlines:
   After the date of publication, you have six months to decide whether or not to pursue their application by requesting substantive examination. If you decide to take the application further, you must pay the examination fee, the designation fee and, if applicable, the extension fees within the same time limit (6 months).
   Moreover, if any objections were raised in the search opinion, you will need to file a response and/or amendments before the examination begins, but you will receive a communication about this.
   
   You can find a separate article about publication, read it here: “Publication of a patent application”

6. Substantive examination

   Things you should know:
   After the request for examination has been made, the European Patent Office (EPO) examines whether the European patent application and the invention meet the requirements of the European Patent Convention and whether a patent can be granted. This stage will often involve dialogue between the examiners and your patent attorney, which may result in the amending of your application. Your patent attorney will assist you in defending your application. If all objections are overcome, a patent will be granted. Otherwise the application will be refused.
   This is one more reason why it is essential to have professional representation.
   When?
   After the request for examination has been made. The substantive examination can last for 1-3 years.
   Fees due:
   Examination fee is due within 6 months of the publication of the search report, as mentioned above.
   Important deadlines:
   First, there is a deadline for requesting and paying the examination, this deadline being 6 months.
   Then, another deadlines may occur when the EPO issues communication(s) inviting you to file your observations and, if necessary, to submit amendments to the description, claims and drawings. (If you fail to reply in due time to these communications, your application will deemed to be withdrawn.)
   
   You have different options to slow down or accelerate this stage. You can read about these here: “How to speed up or slow down the patent procedure”
   Furthermore, you can find an article dedicated to substantive examination here: “Substantive examination: requirements to obtain a patent”

7. Annuity fees

   Things you should know:
   Annuity fees (also called as renewal or maintenance fees) have to be paid from the 3rd year in order to keep the application alive. They have to be paid in advance for the coming year. Thus, the first renewal fee is payable on the second anniversary of the filing date, in advance for the 3rd year.
   The last renewal fee payable to the EPO in respect of a European patent application covers the patent year in which the mention of the grant of the patent is published.
   When?
   From the second anniversary of the filing date, a renewal fee has to be paid each year. The due date is the last day of the month containing the anniversary of the date of filing.
   So, if your filing date is 3 September, the due date is 30 September. If your filing date is 31 May, the due date is 31 May.
   Fees due:
   The fee is increasing each year.
   Renewal fee for the 3rd year: currently EUR 530
   Renewal fee for the 4th year: currently EUR 660
   Renewal fee for the 5th year: currently EUR 925
   (You have to pay the renewal fees to the EPO until the date of grant. We will discuss renewal fees occurring after grant below.)
   Important deadlines:
   You have to pay the renewal fee each year until the due date. You may pay a renewal fee 3 months before it falls due. If a renewal fee has not been paid in due time, you can pay it within 6 months of the due date, but only with a surcharge.
   
   Check this part of the EPO Guidelines for examples and more information regarding renewal fees: https://www.epo.org/law-practice/legal-texts/html/guidelines/e/a_x_5_2_4.htm

8. Grant

   Things you should know:
   If both the application and the invention satisfy the requirements, the examiners will inform you of their intention to grant a patent. This communication is called "Communication about intention to grant a European patent".** After receiving this communication, you have 4 months to pay certain fees and file the translation of the claims (see below). If these requirements are fulfilled, the decision and then also the European patent specification is published electronically. The decision to grant takes effect on the date of publication. A patent certificate is issued and sent to the proprietor in paper form.
   When?
   Not all applications result in a decision to grant. If all objections are overcome in the examination phase, the substantive examination will end with the grant. From the date of filing, it can take 2-4 years to get to grant, but it depends on many factors, for example the number of office actions, and how much time the applicant needs for preparing the responses to the office actions.
   Fees due:
   Fee for grant and publishing: currently EUR 1040 within 4 months.
   Claims fee for each claim from the 16th, if applicable and if not yet paid.
   Important deadlines:
   Firstly, you will receive a "Communication about intention to grant a European patent". You then have a non-extendable period of 4 months to pay the fee for grant and prepare and file a translation of the claims into the two official languages of the EPO other than the language of the proceedings. (Official languages of the EPO are English, German and French. If the language of your proceedings was English in your case, you have to file the German and French version of your granted claims.)
   Then, the date on which the grant and your patent specification is published, sets other important deadlines. The validation period of 3 months (in most states) and the opposition period of 9 months starts from this date. Furthermore, this is when competence is transferred to the contracting states. This means, that, for example, after mention of the grant, payment of renewal fees and registering of the licenses is governed by national law.

9. After the issuance of the decision to grant: requesting Unitary Patent

   This step is optional. If you request Unitary Patent, you cannot opt out from the Unified Patent Court and there is a risk that your patent can be revoked in a single action for all the participating territories. Please also note that Unitary Patent currently only includes 17 EU member states (out of the 39 EPC states), so you still have to validate the patent in the other countries if you would like to have a valid protection.
   Things you should know:
   Once a European patent has been granted, the proprietor can file a "request for unitary effect" at the EPO to obtain a Unitary Patent. For the request to be valid, the "request for unitary effect" must be in writing and signed. The request must also contain the translation of the European patent. (English translation if the patent was filed in German or French. Any EU language, e.g. Polish or Spanish can be used for the translation if the patent was filed in English.)
   When?
   Before unitary effect can be registered by the EPO, the applicant must first obtain a European patent. A European patent application must be filed and processed under the EPC. Only after the decision of the grant is issued by the EPO can you file the request to obtain a Unitary Patent.
   Fees due:
   There is no official fee related to the filing of the request, but your patent attorney will likely charge a service fee for filing the request and preparing the translation.
   Important deadlines:
   The request must be filed within 1 month of the date of publication of the mention of the grant in the European Patent Bulletin. You do not have to wait for the publication of the B1 document to file the request though, you can already file the request from the issuance of the decision to grant.
   
   You can find a separate article about Unitary patent here: What is Unitary patent?

10. After the publication of the mention of the grant: validation

    This step is optional.
    Things you should know:
    After the grant is published, the patent has to be validated – within a specific time limit – in the contracting states where you would like to own a patent right. If this is not done, your patent may not be enforceable in that state. In some states, validation may include having to file (and pay for) the translation of the whole patent in an official language of the national patent office, or the translation of the granted claims. Depending on the relevant national law, you may also have to pay official fees.
    There are some countries, where basically no action – other than paying renewal fees – is required in order to have a valid patent. These countries are: Belgium, France, Germany, Ireland, Liechtenstein, Luxembourg, Monaco, Switzerland and United Kingdom. Although, it is recommended to file an address for service in order to have a national representative.
    When?
    Validation needs to be handled after the grant is published, which can be 2-4 years after the date of filing. You only have a period of 3 months to handle validation.
    Fees due:
    In most countries, official fees occur when filing a translation of the patent. The major part of the validation fees is translation fee, which will obviously depend on the length of the patent document.
    Check Passport validation platform for instant fee calculation.
    Important deadlines:
    In most states, the deadline is 3 months after the grant is published. In a few countries you may extend this deadline – in some cases for a surcharge – by 1-2 months.
    
    You can find a separate article about validation here: “European patent validation”

11. After the publication of the mention of the grant: opposition

    This step only applies if a third party files opposition against a granted European patent.
    Things you should know:
    After the European patent has been granted, it may be opposed by third parties – usually the patent proprietor’s competitors – if they believe that it should not have been granted. This could be on the grounds, for example, that the invention lacks novelty or does not involve an inventive step. Notice of opposition can only be filed within nine months of the grant being mentioned in the European Patent Bulletin.
    Opposition is the last chance to attack a European patent as a single entity in a single forum. Later, the patent can only be challenged in national courts and a ruling in one country has no effect on the patents for the same invention in other countries.
    When?
    Opposition can only be filed after the grant is published, within a period of 9 months from the date of publication of the grant.
    Fees due:
    Opposition fee: currently EUR 880 official fee (plus the service fee paid to the patent firm who assists the party in preparing and filing the opposition)
    Important deadlines:
    After the opposition is filed, you may receive communications from the EPO to remedy any deficiencies, such as filing a Power of Attorney form.

12. After grant: renewal fees

    Things you should know:
    At the post-grant stage, competence is transferred to the states where the European patent is validated. This also means that renewal fees falling due after grant are payable directly to the national patent offices of the designated states, and not to the EPO as before grant.***
    When?
    After grant, yearly, around the anniversary of the filing date. However, the due date is defined differently in the contracting states. In most countries, just like in the EPC, the due date is the last day of the month containing the date of filing of the application. Other states use the anniversary of the filing date as the due date.
    Fees due:
    The amount of the renewal fee varies from state to state, and increases year by year. You can find the exact fees on the EPO's website (National law) by selecting the state in the dropdown menu.
    Important deadlines:
    Always check the rules of the national patent offices or ask a patent attorney's help, since the deadline for paying the renewal fees is different in all countries. However, almost everywhere in Europe, there is an additional period of 6 months after the deadline to pay the renewal fees with a surcharge (the surcharge usually being equal to 50% of the renewal fee, but that can differ as well).

Please note that the current fees (2023) are displayed in this article, but the fees do change every now and then (usually with April 1). So, please do not forget to also check the EPO's website for the updated fee schedule, if more precise calculation is necessary.

Now that Unitary patent entered into force, the steps after grant depend on which route you take. Please see below the timeline and check out the article “What is Unitary patent?” for more information.

* This is defined in Rule 40 EPC:
”The date of filing of a European patent application shall be the date on which the documents filed by the applicant contain:
(a) an indication that a European patent is sought;
(b) information identifying the applicant or allowing the applicant to be contacted; and
(c) a description or reference to a previously filed application.
See the full legal text here.

** This is defined in Rule 71(3) EPC:
”(3) Before the Examining Division decides to grant the European patent, it shall inform the applicant of the text in which it intends to grant it and of the related bibliographic data. In this communication the Examining Division shall invite the applicant to pay the fee for grant and publishing and to file a translation of the claims in the two official languages of the European Patent Office other than the language of the proceedings within four months.“
See the full legal text here.

*** This is defined in Art. 86 and Art. 141 EPC:
”Art. 86(2): The obligation to pay renewal fees shall terminate with the payment of the renewal fee due in respect of the year in which the mention of the grant of the European patent is published in the European Patent Bulletin.”
Art. 86 EPC: See the full legal text here.
Art. 141 EPC: See the full legal text here.

Author: Zsofia Pintz
Published: August 2020
Updated: July 2023