An initial consultation with us is free of charge and serves to give us an overview of the matter and provide you with an initial assessment. It should not exceed 60 minutes. Please understand that we cannot resolve complex cases during an initial consultation.

Eine Erstberatung ist bei uns kostenfrei und dient dazu, uns einen Überblick über eine Angelegenheit zu verschaffen und Ihnen eine erste Einschätzung zu vermitteln. Sie sollte die Dauer von 60 Minuten nicht überschreiten. Bitte haben Sie Verständnis dafür, dass wir im Rahmen einer Erstberatung keine komplexen Fälle lösen können.

Appointments can be arranged at short notice within a few days. Urgent patent-related “emergencies” are part of our standard repertoire. Appointments can be made by telephone or email.

Eine Terminvereinbarung ist kurzfristig innerhalb von wenigen Tagen möglich. Eilige patenttechnische „Notfälle“ gehören zu unserem Standardrepertoire. Eine Terminvereinbarung ist telefonisch wie auch per E-Mail möglich.

Unlike in many countries around the word, renewal fees in most European countries as well as before the EPO fall due not only after grant but already for pending applications.

At the GPTO and the EPO, renewal fees become due from the third year after the filing date but have to be paid in advance, which means that the renewal fee for the third year will be due already two years after filing. In any case, a six-month grace period is available, subject to a surcharge. 

Official fees at the EPO and in particular renewal fees are quite substantial. For a standard application granted in the fifth year, the official fees currently amount to EUR 7870.

Attorney’s fees and costs for claim translation typically range from EUR 2800 to 3800, depending on complexity. Post-grant validation costs are additional. 

Note that claims fee are due for the 16th and each subsequent claim up to 50 in the amount of EUR 285 and for the 51st and each subsequent claim in the amount of EUR 685. Multiple dependency is encouraged.

According to the EPO, on average, the grant procedure takes about three to five years from the date the application is filed. Regional phases via the PCT-Route start with a delay of 19 to 31 months and are thus usually granted later, which implies higher renewal fees in the long run. Generally, all procedurals are the same. While direct EP filing is faster and slightly less costly, the PCT-Route is more beneficial for applicants who wish to delay proceedings, whether to await final implementation of the invention or to cast uncertainty on competitors.  

In practice, we observe a significant issue with applications via the PCT-route. Applicants file international applications in accordance with customary practice of their home country. Unlike direct applications, amendments to meet the requirements of the EPO are possible only to a very limited extent, which often leads to substantial legal disadvantages.

In view of the high official fees, a European patent application makes sense economically only if the patent is validated in three or more countries. In the above-mentioned example, the official fees at the GPTO amount to only around one tenth of those at the EPO. However, the costs for a translation of the complete application into German must be added to this, while attorney’s fees before the GPTO will be slightly less than before the EPO.

The GPTO requires a formal statement on entitlement if the applicant is not the inventor. This may be included in the request or submitted separately. No documentary proof is typically required unless challenged. Recently, the GPTO has become rather narrow-minded when it comes to designating inventors. In cases where the applicant has acquired the right to the invention by law, for example in the case of employees' inventions, we are expressly required to indicate the name of the law and the relevant articles. We kindly ask you to provide us with this information when instructing us to file a German patent application.

The EPO applies strict formal and substantive standards, especially on clarity, added matter, and inventive step. Drafting must anticipate examiner objections and Board of Appeal case law. Timelines are rigid.

Validation requires translations and legal representatives in each selected country. The Unitary Patent simplifies administration and reduces costs, but limits flexibility. Strategic choice depends on market coverage. 

Opting out excludes a European patent from the jurisdiction of the Unified Patent Court. It may be advisable for clients wishing to avoid central revocation. Timing and procedural compliance are critical. 

While both follow a purpose-oriented interpretation, German courts often apply a slightly broader view. National case law may differ from EPO Boards of Appeal decisions, especially in borderline cases.