I. Applicable version of the Rules relating to Fees and the Schedule of Fees
The Rules relating to Fees in the version applicable as from 1 April 2019 are set out in supplementary publication 3, OJ EPO 2019. The amounts applicable as from 1 April 2019 were fixed by decision of the Administrative Council of 13 December 2017 (CA/D 17/17, OJ EPO 2018, A4) in conjunction with decision of the Administrative Council of 12 December 2018 (CA/D 11/18, OJ EPO 2019, A3). See also the notice from the EPO dated 24 January 2019 concerning the application of these fee levels (OJ EPO 2019, A6).
The current schedule of fees and expenses of the EPO (status 1 April 2019) is set out in supplementary publication 3, OJ EPO 2019.
II. Important implementing rules to the Rules relating to Fees
Decision of the President of the European Patent Office dated 20 February 2019 revising the Office's fees and expenses (OJ EPO 2019, A14). See also the Notice from the EPO dated 20 February 2019 concerning the revision of the administrative fees of the EPO and various related decisions of the President (OJ EPO 2019, A15).
The fees due to the EPO can be paid by:
- deposit account held with the EPO
- credit card, or
- bank transfer
Arrangements for deposit accounts (ADA) including Arrangements for the automatic debiting procedure (AAD): Supplementary publication 5, OJ EPO 2017; see also the Decision of the President of the EPO and the Notice from the EPO dated 19 February 2019 amending the Arrangements for deposit accounts (ADA) (OJ EPO 2019, A20 and A21).
Decision of the President of the EPO and the notice from the EPO concerning payment of fees by credit card (OJ EPO 2017, A72 and A73)
Notice from the EPO concerning fee payments via bank transfer (OJ EPO 2017, A100)
Decision of the President of the European Patent Office dated 27 March 2018 implementing Article 12 of the RFees (insignificant amount) (OJ EPO 2018, A37).
Decision of the President of the European Patent Office dated 25 March 1999 concerning the carrying out of international-type searches and the setting of a new fee for such searches: OJ EPO 1999, 300; revised amount: decision of the President of the European Patent Office of 20 February 2019 revising the Office's fees and expenses, point 2.2.1 (OJ EPO 2019, A14).
III. Payment and refund of fees and expenses
Holders of deposit accounts with the EPO may only pay fees by an electronic debit order for individual fees or by an automatic debit order (see point II above).
Notice from the EPO dated 27 February 2019 concerning the fee refund procedures (OJ EPO 2019, A26)
Refund of search fees: decision of the President of the European Patent Office dated 21 December 2018 concerning the refund of search fees under Article 9(2) RFees: OJ EPO 2019, A4; decision of the President of the European Patent Office dated 21 December 2018 concerning the refund of search fees by the EPO acting as ISA: OJ EPO 2019, A5. Notice from the European Patent Office dated 9 January 2009 concerning the criteria for refund of the search fees: OJ EPO 2009, 99.
Refund of the examination fee: notice from the EPO dated 30 June 2016 concerning refunds of the examination fee (Article 11 RFees), OJ EPO 2016, A49.
Notice from the European Patent Office dated 29 January 2013 concerning adjustments to the system for search and examination fee refunds (Article 9(1) and 11(b) of the Rules relating to Fees): OJ EPO 2013, 153.
Paying renewal fees for European patent applications and patents: OJ EPO 1984, 272; OJ EPO 2018, A2.
Calculation of aggregate time limits: OJ EPO 1993, 229.
Notice from the EPO dated 18 January 2018 concerning the safeguards available under the EPC and the PCT in case of unavailability of means of electronic communication: OJ EPO 2018, A25.
Payment of extension fees: (BA) OJ EPO 2004, 619; re-introduction of grace period for payment: OJ EPO 2009, 603; (ME) OJ EPO 2010, 10.
Payment of the validation fee : time limits for paying validation fees OJ EPO 2015, A19; Morocco (MA): OJ EPO 2015, A18; Republic of Moldova (MD): OJ EPO 2015, A84; Tunisia (TN): OJ EPO 2017, A84; Cambodia (KH): OJ EPO 2018, A15.
Abolition of payment by cheque: OJ EPO 2007, 626.
The details of the bank account opened in the name of the European Patent Organisation are published on the website of the EPO:
www.epo.org/applying/forms-fees/payment.html#tab3
IV. Other notices concerning fees and prices
Claims incurring fees where the application includes more than one set of claims: OJ EPO 1985, 347.
Notice dated 22 March 2018 concerning search and examination fees: OJ EPO 2018, A26.
Notice from the EPO dated 26 January 2009 concerning the 2009 fee structure: OJ EPO 2009, 118; notice supplementing the notice from the European Patent Office dated 26 January 2009 concerning the 2009 fee structure: OJ EPO 2009, 338.
V. Information concerning Euro-PCT applications (EPO as designated or elected Office)
Fee for a supplementary European search waived where the international search report or a supplementary international search report was drawn up by the EPO: CA/D 11/09, OJ EPO 2009, 594.
Reduction of the fee for a supplementary European search where the international search report was drawn up by
- the Austrian Patent Office,
- the Spanish Patent and Trademark Office,
- the Finnish Patent and Registration Office,
- the Swedish Patent and Registration Office,
- the Turkish Patent and Trademark Office,
- the Nordic Patent Institute or
- the Visegrad Patent Institute:
CA/D 8/15, OJ EPO 2016, A2, applicable from 1 July 2016 until 31 March 2020 and CA/D 9/17, OJ EPO 2017, A57, applicable from 8 March 2017 until 31 March 2020.
Decision of the Administrative Council of 13 December 2017 abrogating its decision CA/D 10/05 concerning cases where the search fee for the supplementary European search is to be reduced: CA/D 16/17, OJ EPO 2018, A3.
As of 1 April 2018, the reduction of the fee for a supplementary European search no longer applies where the international search report was drawn up by the United States Patent and Trademark Office (USPTO), the Japan Patent Office, the Federal Service for Intellectual Property, Patents and Trademarks (Russian Federation), the Australian Patent Office, the National Intellectual Property Administration, PRC (CNIPA) or the Korean Intellectual Property Office.
Reduction of the examination fee where the international preliminary examination report was drawn up by the EPO: OJ EPO 2018, A26, point 4.
Guide for applicants: PCT procedure at the EPO – "Euro-PCT Guide", chapter E (11th edition, January 2018).
VI. Guidance for international applications (EPO as receiving Office, International Searching Authority or International Preliminary Examining Authority)
Fees for international applications: last equivalent amounts applicable as from 1 January 2019, OJ EPO 2018, A101.
Fees and reductions under the PCT:
www.wipo.int/pct/en/fees/index.html
Reduction of the fees for the international search and preliminary examination carried out on an international application in favour of the nationals of certain states: OJ EPO 2008, 521.
Late payment fee under Rule 16bis.2 PCT: OJ EPO 1992, 383.
Late payment fee under Rule 58bis.2 PCT: OJ EPO 1998, 282.
Changes in respect of PCT applications filed as of 1 January 2004: OJ EPO 2003, 574.
Refund of international search fees: decision of the President of the European Patent Office dated 21 December 2018 concerning the refund of search fees by the EPO acting as ISA: OJ EPO 2019, A5.
Fee for the late furnishing of sequence listings under Rule 13ter.1(c) and Rule 13ter.2 PCT: see Article 4 of decision of 28 April 2011: OJ EPO 2011, 372. Revised amount: decision of the President of the European Patent Office dated 20 February 2019, point 2.2.2 (OJ EPO 2019, A14).
Guide for applicants: PCT procedure at the EPO – "Euro-PCT Guide", chapter A-D (11th edition, January 2018).
Important fees for European patent applications (applicable as of 1 April 2019)
Code | Fees | EUR |
|---|---|---|
|
Filing fee[ 2 ] |
|
001 |
|
120 |
001 |
|
250 |
501 |
Additional fee[ 4 ] for a European patent application comprising more than 35 pages (not counting pages forming part of a sequence listing) |
15 |
|
Additional fee[ 5 ] in the case of a divisional application |
|
552 |
|
210 |
553 |
|
425 |
554 |
|
635 |
555 |
|
850 |
|
Search fee |
|
002 |
|
885 |
002 |
|
1 300 |
005 |
Designation fee for one or more contracting states designated in respect of European patent applications filed on or after 1 April 2009 and international applications having entered the European phase on or after that date |
585 |
BA |
Extension fee for each "extension state"[ 7 ] |
102 |
MA |
Validation fee for Morocco[ 7 ] |
240 |
MD |
Validation fee for the Republic of Moldova[ 7 ] |
200 |
TN |
Validation fee for Tunisia [ 7 ] |
180 |
KH |
Validation fee for Cambodia [ 7 ] |
180 |
Claims fee in respect of European patent applications filed on or after 1 April 2009 and international applications having entered the European phase on or after that date |
|
|
|
|
235 |
|
|
585 |
055 |
Flat-rate fee for an additional copy of the documents cited in the European search report |
40 |
|
Examination fee |
|
006 |
|
1 825 |
006 |
|
1 635 |
006 |
|
1 825 |
007 |
Fee for grant[ 9 ], including fee for publication of the European patent specification, in respect of European patent applications filed on or after 1 April 2009 and international applications having entered the European phase on or after that date |
925 |
010 |
Opposition fee |
785 |
131 |
Limitation fee |
1 165 |
141 |
Revocation fee |
525 |
|
Fee for appeal |
|
011 |
2 255 |
|
011 |
1 880 |
|
111 |
Fee for petition for review |
2 910 |
|
Fee for further processing |
|
123 |
|
50% of the relevant fee |
121 |
|
255 |
122 |
|
255 |
013 |
Fee for re-establishment of right of priority |
640 |
067 |
Fee for late furnishing of a sequence listing |
230 |
|
Renewal fees for the European patent application |
|
033 |
for the 3rd year |
470 |
034 |
for the 4th year |
585 |
035 |
for the 5th year |
820 |
036 |
for the 6th year |
1 050 |
037 |
for the 7th year |
1 165 |
038 |
for the 8th year |
1 280 |
039 |
for the 9th year |
1 395 |
040-050 |
for the 10th and each subsequent year |
1 575 |
|
Specific fees in respect of European patent applications filed before 1 April 2009 and international applications having entered the regional phase before that date – Article 2(2) RFees |
|
005 |
Designation fee for each contracting state designated, designation fees being deemed paid for all contracting states upon payment of seven times the amount of this fee |
100 |
005 |
Joint designation fee for the Swiss Confederation and the Principality of Liechtenstein |
100 |
|
Fee for grant[ 10 ], including fee for printing the European patent specification, where the application documents to be printed comprise: |
|
007 |
|
925 |
008 |
|
15 |
015 |
Claims fee for the 16th and each subsequent claim |
235 |
Fees for international applications (applicable as of 1 April 2019)
Code | EPO receiving Office | EUR |
|---|---|---|
019 |
Transmittal fee[ 11 ] |
130 |
003 |
Search fee |
1 775 |
225 |
International filing fee |
1 169[ 12 ] |
222 |
Supplement for each sheet in excess of 30 sheets |
13[ 12 ] |
316 |
PCT reduction for filing in electronic form |
|
063 |
Late payment fee |
50% of the unpaid fee(s) |
013 |
Fee for requesting restoration of right of priority |
640 |
Code | EPO International Searching Authority; Supplementary International Searching Authority | EUR |
|---|---|---|
003 |
Additional search fee |
1 775 |
|
Fee for a supplementary international search |
1 775[ 14 ] |
066 |
Fee for the late furnishing of sequence listings |
230 |
062 |
Protest fee |
875 |
069 |
Review fee (Rule 45bis.6(c) PCT) relating to a supplementary international search |
875 |
|
Supplementary search handling fee |
CHF 200[ 14 ] |
|
Late payment fee relating to a supplementary international search |
50%[ 14 ] of the supplementary search handling fee |
Code | EPO International Preliminary Examining Authority | EUR |
|---|---|---|
224 |
Handling fee |
176[ 15 ] |
021 |
Fee for preliminary examination |
1 830 |
064 |
Late payment fee[ 16 ] |
50% of the unpaid fee(s) |
066 |
Fee for the late furnishing of sequence listings |
230 |
062 |
Protest fee |
875 |
Fees payable to the EPO for international applications upon entry into the "regional phase" (Euro-PCT applications)[ 17 ] (applicable as of 1 April 2019)
Code |
| EUR |
|---|---|---|
|
Filing fee[ 18 ] |
|
020 |
|
120 |
020 |
|
250 |
520 |
Additional fee for a European patent application comprising more than 35 pages (not counting pages forming part of a sequence listing) |
15 |
|
Designation fee |
|
|
Extension fee/ |
|
|
Claims fee |
|
|
Search fee[ 19 ] |
|
|
Examination fee[ 20 ] |
|
|
Flat-rate fee for an additional copy of the documents cited in the supplementary European search report |
|
|
Amounts and fee codes as indicated for European patent applications in the foregoing text |
|
033 |
Renewal fee for the 3rd year, calculated from the date of filing |
470 |
013 |
Fee for requesting restoration of right of priority |
640 |
013 |
Fee for reinstatement of rights |
640 |
[ 1 ] Amendments and additions to the fee guidance published in OJ EPO 2018, A32 are indicated in bold.
[ 2 ] See the Notice of the EPO dated 24 January 2019 concerning the amendment of Article 2 of the Rules relating to Fees with effect from 1 April 2019 (OJ EPO 2019, A6).
[ 3 ] See the decisions of the President of the EPO concerning the electronic filing of documents (OJ EPO 2018, A45 and A93) and the notices from the EPO, (OJ EPO 2018, A46 and A94).
[ 4 ] The additional fee applies to European patent applications filed on or after 1 April 2009.
[ 5 ] The additional fee applies to divisional applications filed on or after 1 April 2014.
[ 6 ] The amount of EUR 855 applies to a supplementary European search on an international application filed before 1 July 2005 (Art. 2(1), item 2, RFees); for European applications filed before 1 July 2005 the normal time limit for payment of the search fee has already expired. That amount also applies to the further search fee within the meaning of Rule 64(1) EPC, provided the relevant application was filed before 1 July 2005.
[ 7 ] The extension/validation fee is payable where the applicant wishes to extend/validate the European patent to non-contracting states which provide for extension/validation: BA, ME/KH, MA, MD, TN.
[ 8 ] Code 015: claims fee according to Rule 45(1) and Rule 162(1) EPC;
Code 016: claims fee according to Rule 71(4) EPC.
[ 9 ] See the Notice of the EPO dated 24 January 2019 concerning the amendment of Article 2 of the Rules relating to Fees with effect from 1 April 2019 (OJ EPO 2019, A6).
[ 10 ] See the Notice of the EPO dated 24 January 2019 concerning the amendment of Article 2 of the Rules relating to Fees with effect from 1 April 2019 (OJ EPO 2019, A6).
[ 11 ] See the Notice of the EPO dated 24 January 2019 concerning the amendment of Article 2 of the Rules relating to Fees with effect from 1 April 2019 (OJ EPO 2019, A6).
[ 12 ] Fee fixed by WIPO: applicants should double-check the latest amount on the WIPO website.
[ 13 ] OJ EPO 1992, 383.
[ 14 ] This fee must be paid in CHF to the IB.
[ 15 ] Fee fixed by WIPO: applicants should double-check the latest amount on the WIPO website.
[ 16 ] OJ EPO 1998, 282.
[ 17 ] See Article 153(2) EPC and Rules 159, 162 EPC; for further details, see Guide for applicants – PCT procedure at the EPO – "Euro-PCT Guide", chapter E – 11th edition, January 2018. The European application number should be indicated when payments are being made; this number will be communicated to the applicant by the EPO subsequent to publication of the international application at the latest and will be published in the European Patent Bulletin under Section I.2(1). If that number is not yet known to the applicant at the time of payment, he may indicate the PCT filing or publication number.
[ 18 ] See the Notice of the EPO dated 24 January 2019 concerning the amendment of Article 2 of the Rules relating to Fees with effect from 1 April 2019 (OJ EPO 2019, A6).
[ 19 ] See Rule 159(1)(f) EPC regarding the period for payment of the examination fee, as well as the Guide for applicants, as mentioned under footnote 17. The examination fee is reduced by 75% if the EPO drew up an international preliminary examination report (IPER) pursuant to Rule 70 PCT (Article 14(2), first sentence, RFees).
[ 20 ] No fee for a supplementary European search is payable when the international search report or a supplementary international search report has been drawn up by the EPO.
For international applications filed on or after 1 July 2005 for which the international search report or a supplementary international search report was drawn up by the Austrian Patent Office, by the Spanish Patent and Trademark Office, by the Swedish Patent and Registration Office, by the National Board of Patents and Registration of Finland, by the Turkish Patent and Trademark Office by the Visegrad Patent Institute or by the Nordic Patent Institute, the fee for a supplementary European search is reduced by EUR 1 110 if it is paid on or after 1 April 2016.
As of 1 April 2018, the search fee for a supplementary European search is no longer reduced for international applications on which an international search report has been drawn up by the United States Patent and Trademark Office (USPTO), the Japan Patent Office, the Federal Service for Intellectual Property, Patents and Trademarks (Russian Federation), the Australian Patent Office, the National Intellectual Property Administration, PRC (CNIPA) or the Korean Intellectual Property Office.
Source: http://www.epo.org/law-practice/legal-texts/official-journal/2019/03/a29.html
Date retrieved: 19 May 2021