Battistelli: unitary patent fee concern is exaggerated

Managing IP is part of Legal Benchmarking Limited, 4 Bouverie Street, London, EC4Y 8AX

Copyright © Legal Benchmarking Limited and its affiliated companies 2025

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

Battistelli: unitary patent fee concern is exaggerated

Unitary patent fees will be confirmed “in 2014”, but it is impossible to be more precise than that, according to EPO President Benoît Battistelli. But he also claims that concern over fees is greatly exaggerated

Battistelli

Speaking to Managing IP in an interview at the IP Summit in Paris today, Battistelli (right) said: “People do not consider how constrained we are in setting fees. We have said that the unitary patent must be self-financing, on the one hand, but it must also be attractive to industry, on the other. The gap in between is pretty small.”

Although Battistelli would not be pushed more on what the fees will be, he said: “They will be higher than many would hope, but lower than some might fear.”

Preparation for the new work is going well, Battistelli said, with the EPO technically ready to start processing unitary patents today. “We are very relaxed about it. I don’t see the first patents being granted until the middle or end of 2015, so there is plenty of time. I don’t feel we need to set fees that soon either, given that timeframe.”

In response to questions about EPO labour protests during the recent 40th anniversary celebrations, Battistelli said: “It is a tradition at the EPO. We are an independent body that sets its own rules – and those rules have generally been quite conservative. Changes such as the recent addition of Chinese prior art can cause some problems. But I’m determined to introduce reforms to working practices when needed. It is that drive for efficiency that will be the biggest contributor to lower fees for IP owners.”

Battistelli spoke to Managing IP at the new three-day format of the IP Summit, in Paris. During a public presentation to attendees later, he said: “The experience of the EPO has shown that it is worth being both bold and optimistic. I hope we learn that lesson with the unitary patent.”

more from across site and SHARED ros bottom lb

More from across our site

The firm explains how it secured a $170.6 million verdict against the government in a patent dispute surrounding airport technology, and why the case led to interest from other inventors
Developments of note included the court partially allowing a claim concerning confidentiality clubs and a decision involving technology used in football matches
The firm said adding capability in the French capital completes its coverage of all major patent litigation jurisdictions as it strives for UPC excellence
Marc Fenster explains how keeping the jury focused on the most relevant facts helped secure a $279m win for his client against Samsung
Clients are divided on what externally funded IP firms bring to the table, so those firms must prove why the benefits outweigh the downsides
Rahul Bhartiya, AI coordinator at the EUIPO, discusses the office’s strategy, collaboration with other IP offices, and getting rid of routine tasks
A boom in transactional work and a heightened awareness of IP have helped boost revenue for the rebranded commercial services team
Clemens Heusch, head of global litigation and dispute resolution at Nokia, tells us why open conversations – and respectful challenges – lead to the best results
Siegmund Gutman, who joined Mintz one year ago, explains the firm’s approach to life sciences litigation and what it means for hiring plans
The merger of two IP boutiques could prompt others to follow suit and challenge Australia’s externally funded firms
Gift this article