Fixed-fee Patent Eligibility Opinions on Software Patents
For a fixed fee, Mewburn Ellis can provide you with an opinion as to the likelihood that a proposed European patent filing relating to software will encounter problematic patent eligibility objections at the EPO.
Why is patent eligibility important to software inventions?
Patent applications for inventions relating to software can sometimes run into problematic patent eligibility objections at the EPO. By using this fixed-fee opinion service, it is possible to get a considered view on whether a proposed European patent filing will encounter such an objection, prior to incurring the significant costs associated with filing a European patent application.
What does an opinion look like?
Our service has been designed to provide you with a reasoned opinion that places the proposed European patent application into one of the following categories:
(A): Low probability of encountering a problematic patent eligibility objection* at the EPO
(B): Medium probability of encountering a problematic patent eligibility objection at the EPO
(C): High probability of encountering a problematic* patent eligibility objection at the EPO
*By a “problematic” patent eligibility objection, we mean a patent eligibility objection that will likely be a serious obstacle to getting patent protection for a core concept underlying the claimed invention
What is the benefit?
Benefits of obtaining a patent eligibility opinion using this service may include:
- Identifying patent eligibility obstacles prior to incurring filing costs
- If the application has not yet been filed, providing a springboard for further drafting work to emphasise technical character
- Informing decision making about future applications
How much does it cost?
Our flat fee for providing this service is USD 600 per application. We can also charge a corresponding fee in GBP or EUR.
How to proceed?
For existing clients of Mewburn Ellis, all you need to do is email to your usual Mewburn attorney with a publication number of the patent application on which you would like an opinion (or if the application is not published, then the text and drawings for the application). We will aim to issue the opinion in5 working days.
If you are not yet a client, then please fill in the form here and we'll be in touch to explain next steps.