Unitary patent member states have agreed that a unitary patent should cost as much as a European patent validated in Germany, France, the UK and the Netherlands – but what happens if Italy acts on its promise to join the unitary patent?

How much will a unitary patent actually cost? A step towards answering this question was taken on Wednesday at the meeting of the Select Committee of states taking part in the unitary patent.

At its 15th meeting of 23-24 June 2015, the committee agreed that unitary patent fees can be set at the equivalent of the European patent renewal fees of Germany, France, the UK and the Netherlands put together.

The proposal endorsed by the committee is the so-called “True Top 4” tabled by the European Patent Office, consisting of the sum of the fees of the four participating member states in which European patents are most often validated. In practice, according to the True Top 4 proposal, obtaining a single patent valid in 25 European jurisdictions should cost as much as validating a European patent in the abouve four countries.

In actual fact Italy, not the Netherlands, is the fourth country in which European patents are most often validated. Italy, like Spain, is not a member of the unitary patent. Italy has very recently declared that it intends to join, although it has not yet officially done so.

One may well wonder whether the “True Top 4” fee will be recalculated if and when Italy were to become an official member of the unitary patent. Italy takes part in the Select Committee as an observer, and the question was tabled at the meeting, receiving a negative answer.

In an official release, the committee says that this fee level is attractive for businesses, in particular SMEs, whose use of the unitary patent “will be monitored and given specific attention”. However, while the “Top 5” proposal did include fee reductions for SMEs, no such reduction of the renewal fees is envisaged in the True Top 4 proposal just endorsed by the committee.

Progress was made also on the draft rules relating to fees and on criteria for distribution of renewal fees between states taking part in the unitary patent, and the committee has stated that it aims reach a final decision on both points in the autumn of 2015. But there again, the criteria being discussed take into account the current situation of 25 states participating in the unitary patent, and do not provide for a recalculation in the event of new members joining the group.