EU Design Patent (RCD) Fees and FAQ

European Design Patent
RCD Fees
(Registered Community Design)
- Clear & Fixed -

EU design patent application for one product
- EUR 350 -

Fixed fee, all inclusive filing of one European design patent in one application.

Including official fees.

No hidden fees, no small print, but including publication.

EU design registration for two products
- EUR 525 -

Two designs in the same application that are in the same class and have the same applicant.

This is not an additional fee but this is the total cost up to registration, including publication.

European Union design application for three products
- EUR 700 -

For three 10 designs in the same application, in total.

 

EU design patent application for four products
- EUR 875 -

Fixed official fee, all inclusive filing of four European design patents in one application.

No hidden fees, including publication.

EU design patent registration for additional classes
- EUR 125 -

Up to ten designs in the same application that are in the same class and have the same applicant.

This is an additional fee and not the total cost up to registration, including publication.

Registered Community Design registration beyond 10 designs
- EUR 80 -

This is an additional fee for any designs beyond 10, so starting with the 11th design. Prerequisite is to file them in the same application.

 

Additional European Design Patent Services

Application for the declaration of invalidity of European design patents

We assist you with defense or offense. This action can be filed by the rightholder of the earlier right or – with restrictions – by anyone.

You can find some additional information at the site of the EUIPO here.

EUIPO refusals

We can assist you to overcome an ex officio refusal of the EU Intellectual Property Office. EUIPO refusals are mostly formal. The formalities of an EU design patent must be observed with scrutiny. However, there is sometimes a way to “repair” filings. And the EUIPO is quite generous with deadlines.

Various steps after registration

We can handle complex issues, from negotiations to EU border measures, court procedures, amazon brand registry, amazon complaints and conflicts.

 

EU design renewal 1
- EUR 90 -

Fee for the first period of renewal, invoiced per design.

EU design renewal 2
- EUR 120 -

Official fee for the second period of renewal, per design.

EU design renewal 3
- EUR 150 -

Staturory fee for the third period of renewal, invoiced per design, not per registration.

EU design renewal 4
- EUR 180 -

This is the fee for the fourth (last) period of renewal. An RCD has a lifespan of 25 years maximum.

FAQ

WHAT DOCUMENTS DO I NEED?

To file an EU design patent application we do not need a signed Power of Attorney or authorization. However, we need the full name, address, postal code of the applicant. We also need the general name / type of the product.

HOW MANY PICTURES DO I NEED?

The best way to present an EU design patent is to have a picture or drawing from all sides plus one from perspective. This means, generally we use seven pictures or drawing. Additional images may be filed.

WHAT IS THE BIGGEST PITFALL FOR EUROPEAN design PATENTs?

The biggest pitfall of them all is lack of novelty. If your competitor or yourself or your manufacturer or your distributor already sell the product. In other words, if you seek European design registration after the product hit the market.  In this case the design patent may not be new at the time of application. Later, this could lead to the cancellation of the design patent. It is important to tell us about this, as it is an important aspect. Please also mention foreign design patent applications, because they need to be coordinated.

HOW LONG IS A EUROPEAN REGISTERED DESIGN PROTECTED?

The protection lasts five years and can be renewed four times additionally. We would gladly assist you in the renewal of your design patent. If you want to renew a European design patent, you should consult us in due course. It only makes sense to renew a design if there is a commercial purpose of it. The renewal process is fairly simple, however, close attention must be paid about deadlines and typographical errors.

 

ARE THE ABOVE FEES FOR EU DESIGN PATENTS TAXED?

 These prices are exclusive VAT. However, official fees of the EUIPO are 0% VAT. And there is no VAT if you come from outside of the EU. For EU clients we can normally use reverse charge VAT. So you do not have to pay German VAT. We check the prerequisites of applying the reverse charge mechanism each time in advance. Consequently, our electronic invoices contain the right amount of VAT which is zero in 99% of the cases.

Please note however that no fees are paid back by the EUIPO in case of an unsuccessful application. Also, the EUIPO does not issue sales receipts or invoices.

ARE THESE DESIGN FEES FAIR?

As far as we know, the prices for European design patents are fairly low. This kind of IP right can be turned into a great money maker. Therefore the initial investment is justified. Also generally, it is a good strategy to invest in intellectual property. Moreover, the cost of European design patent is much lower than the aggregate cost of national design patents in Europe. On the other side, if you have business only in selected EU Member States, you should consider filling a national design patent, see at the bottom of this page. 

 

 

CAN YOU GIVE SOME EXAMPLES FOR A DESIGN PATENT WITH DRAWINGS?

The Common Communication on graphic representation of designs contains a simplified summary: “Show the design from certain directions (angles) and encompass the following views: front view, top view, bottom view, right side view, left side view, back view and perspective views. The applicant is recommended to file as many views as necessary to fully disclose the features of the design. In some cases one view can be sufficient.” See below examples of registered design patent RCD No. 007958285-0001.

Registered design patent RCD No. 007958285-0001, view 1
Registered design patent RCD No. 007958285-0001, view 3
Registered design patent RCD No. 007958285-0001, view 4
Registered design patent RCD No. 007958285-0001, view 5
Registered design patent RCD No. 007958285-0001, view 6
Registered design patent RCD No. 007958285-0001, view 7
Registered design patent RCD No. 007958285-0001, view 8

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