This year, the European Union Intellectual Property Office (EUIPO) has once again launched a grant programme to support intellectual property rights for small and medium-sized enterprises (SMEs) – The Ideas Powered for Business SME Fund.
The SME Fund will operate until funds are exhausted, as the number of funds is limited, and funds will therefore be awarded on a first-come, first-served basis.
Benefits of registering intellectual property rights
Registering intellectual property rights allows us to prevent others, especially competing businesses, from using our products or ideas without permission.
Entities eligible for funding
Only entities established in a European Union Member State and belonging to the category of small and medium-sized enterprises as defined in the table below are eligible to benefit from the funding:
| Company Category | Number of employees | Annual turnover | Total assets |
|---|---|---|---|
| Medium-sized enterprise | < 250 | ≤ 50 million EUR | ≤ 43 million EUR |
| Small enterprise | < 50 | ≤ 10 million EUR | ≤ 10 million EUR |
| Microenterprise | < 10 | ≤ 2 million EUR | ≤ 2 million EUR |
What activities can be funded?
Funding from the SME Fund enables:
- 90% reimbursement of the cost of initial intellectual property diagnostic services (IP Scan);
- 75% refund of trademark or design application fees, fees for additional classes and examination, registration, publication and deferment of publication at EU level;
- 75% refund of trademark or design application fees, fees for additional classes and examination, registration, publication and deferment of publication fees at national and regional level;
- 50% refund of basic trademark or design application fees, designation fees, and subsequent designation fees outside the EU. Designation fees paid in Member States are excluded, as are processing fees charged by the office of origin;
- 75% refund of fees for a "Prior Art Report"; the report, before filing a patent application, is performed worldwide and must be conducted or coordinated by the national intellectual property office of an EU Member State and/or the Visegrad Patent Institute. To find out the procedures applicable in your country, please contact your national intellectual property office;
- 75% reimbursement of pre-grant fees (application, search and examination), patent grant fees and publication fees in the case of national protection in an EU Member State;
- 75% refund of application and search fees for European patents filed at the European Patent Office (EPO); all other European patent fees are excluded;
- 50% reimbursement of legal costs for preparing and filing a European patent application up to a maximum of EUR 2,000; reimbursement is subject to the following conditions:
- the service concerns the preparation and filing of a European patent application,
- the service was performed by a professional representative or an association of professional representatives based in the EU and entered on the official list of the EPO,
- The refund application must be submitted online by the established deadline,
- all other fees for a European patent are excluded;
- for Community plant varieties:
- 75% refund of the fee for the application and online examination of a Community plant variety right (EU level).
How to obtain funding
Entrepreneurs interested in obtaining funding will first be required to submit a funding application, specifying the activities they wish to finance and attaching the required documents (bank statement, VAT certificate or certificate of national registration number issued by the relevant national authority, and a power of attorney if the SME is represented by a representative). Next, the entrepreneur will need to submit an application for IP scan support or an application for registration of the intellectual property rights for which funding is sought. After receiving IP scan support or registering the selected intellectual property rights, the entrepreneur will be required to submit a claim for reimbursement of incurred costs. Importantly, the entrepreneur will be required to cover official fees from their own funds and only then recover the incurred costs.
Assistance in obtaining funding
In previous editions, Graś i Wspólnicy Law Firm has helped numerous entities obtain funding from the SME Fund for various activities sponsored by this program. Our assistance includes, in particular, determining which activities, from the entrepreneur's perspective, merit funding, as well as preparing the funding application and all necessary documents. Once funding is awarded, the Firm can also submit an application on behalf of the entrepreneur to register the intellectual property rights for which the entrepreneur received funding. At the end of the process, we can also apply for reimbursement of incurred costs on your behalf.
If you are interested, please contact us at the following email address: p.filipek@kglegal.pl.
This alert is for informational purposes only and does not constitute legal advice.
Legal status as of February 22, 2024
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