The comparable cost of a European patent with unitary effect (unitary patent) to a European patent granted under the present system has been the source of much debate.

It would appear that the President of the EPO has submitted a document to the Select Committee of the Administrative Council overseeing the Unitary Patent System setting out the EPO’s proposal for renewal fee levels. We understand that the proposal includes the following:

- years 3 to 5: the level of the EPO's internal renewal fees (IRF - these are the fees payable to the EPO for pending patent applications currently)
- years 6 to 9: a transitional level between the IRF level and the year 10 level
- from year 10, a level equivalent to the total sum of the national renewal fees payable in the states in which European patents are most frequently validated (TOP level). Two options have been provided based on four or five states.

In the early years the difference between the figures based on four or five states is negligible. From year 10, the figure based on five states varies but is roughly 15 – 20% higher than the figure based on four states.

Also proposed is a fee reduction for SMEs, universities and non-profit organisations should the figures based on five states be adopted.

Should it be adopted, the proposal will mean higher costs than those associated with the combined renewal fees for UK, France and Germany. The unitary patent will be all or nothing when it comes to renewals; for companies wanting the flexibility of selectively allowing patents to lapse in European countries no longer of commercial interest, the existing European patent system is likely to be of greater interest.