PCT Regional Phase Entry at the EPO: Fixed-Fee Representation, Claim Strategy & Micro-Entity Fees (Client Situation)

An applicant, resident outside the EPC area, needs to enter the European regional phase of a PCT application filed through a non-EPC receiving office. 

1. What is the fixed price for taking over representation, filing the amended claim set and the applicable official fees? The fixed attorney fee for taking over representation before the EPO and entering the European regional phase is €800. The EPO examination fee handling is €450. Official fees payable on entry are: Euro-PCT online filing fee €135, European search fee €1,595, designation fee €720, and request for examination €2,240 — a total of €4,690. If the micro-entity discount applies, that official-fee total falls to roughly €3,283. The later grant and printing stage carries an official fee of €1,135 plus €450 attorney fee, payable only when the application proceeds to grant.

2. Are three independent claims in different categories (process, product and use) admissible under current EPO practice? In most cases, yes. Rule 43(2) EPC generally permits only one independent claim per category, but it treats process, product and use as different categories. An independent process claim, an independent product claim and an independent use claim can therefore coexist in the same European patent application if each is genuinely directed to its own category and is not merely an artificial splitting of the same subject-matter. The EPO can object if the use claim is effectively already covered by the product claim or if the product is defined only by the process. We review the dependency language and the definitions before filing, and if necessary restructure the claims so that each independent claim stands on its own technical contribution.

3. Does the applicant qualify for the EPO micro-entity fee scheme, and would you claim it on entry? Almost certainly yes, provided the facts check out. The EPO's micro-entity fee reduction, in force since 1 April 2026, is available to a natural person who has filed fewer than five European patent applications or regional-phase entries in the preceding five years. Acting commercially as a sole inventor does not disqualify a natural person. The reduction is 30% on filing, search, designation, examination and claims fees. We would claim the discount on entry, but only after the applicant signs the required declaration and confirms the five-year history. The savings on the entry fees alone are roughly €1,400.

4. Do you also handle the parallel German national application, and how would you deal with the prohibition of double protection on grant? Yes. We can handle the German national phase directly and coordinate it with the EPO regional phase. Germany prohibits double patenting: once a European patent designating Germany is granted for the same invention as a German national patent, one of the two rights must effectively cease. The usual strategy is to maintain the German application during EPO prosecution and then, on grant of the EP, either abandon the German patent by non-payment of renewal fees or formally withdraw the German application. Because the EP validates into Germany and covers the same territory, the applicant retains enforceable protection without paying for two overlapping patents. We manage the deadlines so the German application is not inadvertently allowed to lapse before the EP is in force.

5. What do you require from us, and by when? Six items, ideally sent as soon as possible so we can confirm the fee quote and calendar: (1) a signed power of attorney; (2) the PCT request, publication and any International Search Report / Written Opinion; (3) the revised claim set and any description amendments; (4) confirmation of the applicant's status for the micro-entity declaration; (5) basic applicant and priority documents; and (6) a signed engagement letter. The 31-month deadline for regional-phase entry must be met — in this case early November 2026. The six-month amendment period runs from entry, so the amended claim set does not have to be filed on the same day as entry, but it is safer to prepare it in parallel.

Substantive prospects and who would handle the case. The technology — preservation of plant material — falls into chemistry and process, an area where we regularly prosecute European applications. The substantive prospects will depend heavily on the prior-art landscape in the International Search Report. If the ISR was issued by a non-EPO receiving office, we may also request an EPO supplementary search to get a fuller view before examination.

Why this matters for US and non-EPC applicants. Applicants resident outside the EPC area — whether in the US, Georgia, Chile or elsewhere — cannot represent themselves before the EPO. Missing the 31-month deadline is normally fatal. A long or multi-category claim set is not a problem if it is filed with a clear strategy. And the new micro-entity scheme can cut official fees by roughly 30%, but only if the declaration is properly filed and the eligibility is documented. A single fixed-fee engagement can cover representation, entry and the first claim amendment.

If you are facing a similar PCT regional-phase deadline, send the application number and the deadline to docket@bauerip.com for a same-day fixed-fee quote and a claim-strategy review. A step-by-step timeline is in the PCT national phase Europe guide, and the broader service scope is on the European Patent Attorney page.