From a national first filing to an international strategy.

Four routes, one goal

• Unitary Patent

  Pros and cons

  • +Pro:After grant, one request to the EPO replaces validation in all participating EU states.
  • +Pro:Each year, a single renewal fee is paid to the EPO, not one to each national office.
  • −Con:The Unified Patent Court cannot be opted out of; a revocation action there affects all participating states.
  • −Con:Individual states cannot be dropped later to save renewal fees.
  • −Con:The Unitary Patent covers only states where the court agreement applies at registration; Spain and Poland are not.

  Sources: EPOEPO FAQEU Regulation

• Worldwide via PCT

  Pros and cons

  • +Pro:One international application in one language initially keeps all PCT member states open.
  • +Pro:Country choice, translations and national fees are generally deferred to about two and a half years from priority.
  • +Pro:The EPO's international search report and written opinion help assess grant chances before the worldwide country choice.
  • −Con:The international phase adds costs; only a national or regional office can grant a patent.
  • −Con:In the national phase, each office charges fees, and usually a translation and a local attorney are needed.
  • −Con:Some countries, such as Taiwan and Argentina, are not in the PCT; they require a direct filing.

  Sources: WIPOWIPO member listDPMA

• Classic European

  Pros and cons

  • +Pro:States are chosen individually and can later be dropped one by one to save renewal fees.
  • +Pro:Until the transitional period ends, an opt-out from the Unified Patent Court is possible; revocation then runs nationally.
  • −Con:After grant, validation and renewal fees must be handled separately in each chosen state.
  • −Con:Depending on the state, no translation, a claims translation or a full translation is needed.
  • −Con:Without an opt-out, one Unified Patent Court revocation action can affect the patent in all covered states.

  Sources: EPOLondon AgreementUPC Agreement

• Direct national

  Pros and cons

  • +Pro:Without an intermediate EPO or WIPO procedure, no regional or international fees arise.
  • −Con:Countries must be chosen and filed within the priority year, earlier than with the PCT.
  • −Con:Each country separately: procedures, languages, attorneys and fees multiply.
  • −Con:Each office examines separately; outcomes and claim versions can differ.

  Sources: DPMADPMA PPHWIPO

One consultation, six steps

How it is calculated