Why the Commission is rattled over the Unitary Patent

Managing IP is part of Legal Benchmarking Limited, 1-2 Paris Gardens, London, SE1 8ND

Copyright © Legal Benchmarking Limited and its affiliated companies 2025

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

Why the Commission is rattled over the Unitary Patent

There is lots happening in Munich this week, as member state representatives gather on Bob-van-Benthem-Platz for a meeting of the Administrative Council on Wednesday. But while much of the focus on the EPO centres on industrial relations and governance issues, there are important Unitary Patent developments taking place too

epo20headquarters20in20munich.jpg

Today members of the select committee of the Admin Council tasked with setting application and renewal fees for the new patent begin their latest two-day meeting.

It is their first since the EPO floated two fee proposals earlier this month. Its so-called TOP4 and TOP5 proposals are based on, respectively, the cost of validating European patents in the most popular four or five member states.

The decision about how much it will cost to apply for and maintain a Unitary Patent was always going to be contentious, since those setting the levels have to reconcile a number of interests – including their own.

Industry has long-championed low fees (no surprise there). But now it seems that IP owners’ unwillingness to use the new system if the figures don’t stack up in their favour has got European Commission officials rattled.

On Friday we reported that senior members of DG Internal Market had shared with the EPO “in no uncertain terms” its view that the level of renewal fees is critical for the success of the system. (You can read more about what officials told us here).

After spending more than 40 years trying to get a pan-European patent right in place, it is easy to understand the bureaucrats’ frustration that it might be stymied from the start by member states keen to maximise their own financial share. The Commission enjoys merely observer status at the select committee meetings. But it is intriguing to think about what its representatives will be saying to member states during the coffee breaks.

Only 30% of our content is published on our blog – to access all of our content you need to be a subscriber. We like to offer our loyal blog readers a special rate, so register your interest in a subscription and we will be in touch shortly.

more from across site and SHARED ros bottom lb

More from across our site

A $110 million US verdict against Apple and an appellate order staying a $39 million trademark infringement finding against Amazon were also among the top talking points
Attorneys are watching how AI affects trademark registrations and whether a SCOTUS ruling from last year will have broader free speech implications
Patent lawyers explain why they will be keeping an eye on the implications of a pharma case and on changes at the USPTO in the second half of 2025
The insensitive reaction to a UK politician crying on TV proves we have a long way to go before we can say we are tackling workplace wellbeing
Adrian Percer says he was impressed by the firm’s work on billion-dollar cases as well as its culture
In our latest interview with women IP leaders, Catherine Bonner at Murgitroyd discusses technology, training, and teaching
Developments included an update in the VAR dispute between Ballinno and UEFA, the latest CMS updates, and a swathe of market moves
The LMG Life Sciences Americas Awards is thrilled to present the 2025 shortlist
A new order has brought the total security awarded to a Canadian tech company to $45 million, the highest-ever by an Indian court in an IP case
Andrew Blattman reflects on how IP practices have changed and shares his hopes for increased AI use and better performance on the stock market
Gift this article