Cost and fees

 

An essential feature of the innovation is being able to produce, distribute and sell a new product at a price the market is willing to pay. This involves a host of basic questions such as:

  • What will it cost to bring the product to the market?
  • What price can the product be sold at?
  • What sales can be expected?

For that reason IP protection costs have to be taken into account in the same way as any development or marketing costs.

Costs to obtain protection

Different kinds of costs have to be taken into account when IP rights are related to a product:

  • Money spent to acquire the rights (see following paragraph “To acquire the rights”), validate and maintain them in a country. Fees are perceived by consultants and national offices to give a monopole to the applicant.
  • The defense of the rights may include an extra cost because of procedure and representative required at the Court in case of legal pursuits.
  • The cost of preparation. Drafting a request is more or less complex according to the type of invention and the drawings required. An attorney is often required to draft patents and will be required to interface with the office. Its fees depend on the complexity of the case. For more information on the different kinds of IP rights see section “Types of Intellectual Property Protection Rights”.
  • The cost of examination. It will depend on the chosen system (regional, national or PCT) and of the number of countries where you want to be protected. The renewal fee corresponds to the column “Basic costs” in the results of the Cost Calculator.
  • The cost of maintenance of the right. The monopoly is granted for a maximum of 20 years for patents or 25 years in general for design and indefinitely avery 10 years for trade marks. Renewal fees increase over time for patents and designs. In order to maintain the rights it is mandatory to pay the renewal fees on time. The renewal fees correspond to the column called “Renewal” in the results of the Cost Calculator.
Cost Tool (cost calculator)

Costs to keep in force protection

1. Renewal fees

The renewal fees must be paid on time in all countries where the IP right is effective. The frequency in the due date depends on the country and the kind of IP right. Any failure in the payment results in the loss of the IP right. The renewal fees correspond to the column called “Renewal” in the results of the Cost Calculator.

2. The cost of defense

It includes:

  • attorney’s fees
  • legal fees: For a national IP right, national courts are competent. Community courts are qualified for a community trademark or registered design. The Unified Patent Court will be in charge of European patents litigations. The cost of the fees depends on the chosen system.
Cost Tool (cost calculator)

 

The Costs gives an insight on the costs of examination and maintenance of the rights. It does not take into account the costs corresponding to the preparation nor the defence of the rights.