European patent validation cost, country by country

What validation is

Grant by the EPO produces a single European patent, but it must be brought into force in each designated state to have effect there. This step, validation, is governed by national law. Depending on the state, it may require a translation to be filed, a fee to be paid, and a local address for service or a representative to be appointed. The window is short: validation steps are generally to be completed within three months of the mention of grant.

Translation costs and the London Agreement

Translation is historically the largest validation cost. The London Agreement reduces it for its contracting states: several dispense with a translation altogether where the patent is granted in, or translated into, a prescribed language, while others require only the claims in the national language. States outside the Agreement may still require a full translation of the specification, which for a long patent can be substantial. The choice of states therefore has a direct and sometimes decisive effect on the translation bill.

What drives the cost per country

Three components determine the per-country figure: the translation (none, claims only, or full specification), any official validation or publication fee charged by the national office, and the professional fee for arranging validation locally. After validation, national renewal fees become the recurring cost. Because each of these varies by state, two patents validated in different countries can differ severalfold in cost for identical subject matter.

The Unitary Patent as an alternative

For the participating UP member states, the Unitary Patent removes the per-state validation step and replaces the separate national renewal fees with a single fee paid to the EPO. Where the desired coverage lies largely within the participating territory, it can avoid much of the validation cost described here. Where it does not, classic validation remains necessary for the states outside the system, and the two approaches are frequently combined.

Translation requirements by country

Translation is the largest single driver of validation cost. Under the London Agreement, the requirement varies by state. The list below is exhaustive across the contracting states and is read from the live member-state table. It assumes the European patent was granted in English: 'No translation required' then means the granted English text is accepted as filed, with nothing further to translate, while for the other two regimes the language in brackets is the national language into which the claims, or the full specification, must be translated.

States party to the London Agreement waive or reduce the translation requirement; states outside it generally require a full translation of the specification. Concentrating a portfolio in the first group keeps validation cost down, which is one reason the choice of states has such leverage over the total.

Which states charge a validation fee

A validation or publication fee is payable in most contracting states, but not all. The grouping below is exhaustive and is read from the live member-state table.

Where a fee is payable, the amount and the basis on which it is charged vary by national office. The patent cost calculator applies the current per-state figures to a chosen set of states.

Which states require a local representative

Some states require the applicant to appoint a professional representative with a local address for the validation acts. The grouping below is exhaustive and is read from the live member-state table.

Where a local representative is required, the associated professional fees add to the validation cost in that state. The requirement is most common among states that also require a full translation.

Frequently asked questions