OJ EPO 2020, A33 - Guidance for the payment of fees, expenses and prices applicable as from 1 April 2020 [ 1 ]

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 2020 are set out in supplementary publication 3, OJ EPO 2020. The amounts applicable as from 1 April 2020 were fixed by decision of the Administrative Council of 12 December 2019 (CA/D 12/19, OJ EPO 2020, A3) 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 2020) is set out in supplementary publication 3, OJ EPO 2020.

II. Important implementing rules to the Rules relating to Fees

Decision of the President of the European Patent Office dated 29 January 2020 revising the Office's fees and expenses (OJ EPO 2020, A6).

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 4, OJ EPO 2019.

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 EPO dated 14 February 2020 implementing Article 12 of the RFees (insignificant amount) (OJ EPO 2020, A17).

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 EPO of 29 January 2020 revising the Office's fees and expenses, point 2.2.1 (OJ EPO 2020, A6).

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 European Patent Office dated 20 August 2019 concerning the revised fee refund procedures (OJ EPO 2019, A82)

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#tab1

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 20 March 2020 concerning search and examination fees: OJ EPO 2020, A30.

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 12/19 Articles 3 and 5, OJ EPO 2020, A3, applicable from 1 April 2020 until 31 March 2024.

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.

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 (13th edition, January 2020).

VI. Guidance for international applications (EPO as receiving Office, International Searching Authority, Supplementary International Searching Authority or International Preliminary Examining Authority)

Fees for international applications: last equivalent amounts applicable as from 1 January 2020, OJ EPO 2019, A111.

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: CA/D 13/19, OJ EPO 2020, A4.

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 29 January 2020, point 2.2.2 (OJ EPO 2020, A6).

Guide for applicants: PCT procedure at the EPO – "Euro-PCT Guide", chapter A-D (13th edition, January 2020).

Important fees for European patent applications (applicable as of 1 April 2020)

Code

Fees

EUR

 

Filing fee[ 2 ]

 

001

125

001
  • other filings

260

501

Additional fee[ 4 ] for a European patent application comprising more than 35 pages (not counting pages forming part of a sequence listing)
for the 36th and each subsequent page

16

 

Additional fee[ 5 ] in the case of a divisional application

 

552
  • fee for a divisional application of second generation

220

553
  • fee for a divisional application of third generation

440

554
  • fee for a divisional application of fourth generation

660

555
  • fee for a divisional application of fifth or any subsequent generation

885

 

 

Search fee

 

002
  • for applications filed before 1 July 2005[ 6 ]

920

002
  • for applications filed on or after 1 July 2005

1 350

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

610

BA
408
ME
410

Extension fee for each "extension state"[ 7 ]

102

MA
420

Validation fee for Morocco[ 7 ]

240

MD
421

Validation fee for the Republic of Moldova[ 7 ]

200

TN
422

Validation fee for Tunisia [ 7 ]

180

KH
423

Validation fee for Cambodia [ 7 ]

180

015[ 8 ]
016[ 8 ]

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

 

 
  • for the 16th and each subsequent claim up to the limit of 50

245

 
  • for the 51st and each subsequent claim

610

055

Flat-rate fee for an additional copy of the documents cited in the European search report

 

105

 

Examination fee

 

006
  • for applications filed before 1 July 2005

1 900

006
  • for applications filed on or after 1 July 2005

1 700

006
  • for international applications filed on or after 1 July 2005 for which no supplementary European search report is drawn up

1 900

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

960

010

Opposition fee

815

131

Limitation fee

1 210

141

Revocation fee

545

 

Fee for appeal

 

011
  • for an appeal filed by an entity other than those referred to in Rule 6(4) and (5) EPC

2 705

011
  • for an appeal filed by a natural person or an entity referred to in Rule 6(4) and (5) EPC

1 955

111

Fee for petition for review

3 025

 

Fee for further processing

 

123
  • in the event of late payment of a fee

50% of the relevant fee

121

265

122
  • non fee-related cases

265

013

Fee for re-establishment of right of priority

665

067

Fee for late furnishing of a sequence listing

240

 

Renewal fees for the European patent application

 

033

for the 3rd year

490

034

for the 4th year

610

035

for the 5th year

855

036

for the 6th year

1 090

037

for the 7th year

1 210

038

for the 8th year

1 330

039

for the 9th year

1 450

040-050

for the 10th and each subsequent year

1 640

 

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

105

005

Joint designation fee for the Swiss Confederation and the Principality of Liechtenstein

105

 

Fee for grant[ 10 ], including fee for printing the European patent specification, where the application documents to be printed comprise:

 

007
  • not more than 35 pages

960

008
  • more than 35 pages:
    for the 36th and each subsequent page an additional

16

015
016

Claims fee for the 16th and each subsequent claim

245

Fees for international applications (applicable as of 1 April 2020)

Code

EPO receiving Office

EUR

019

Transmittal fee[ 11 ]
Rule 14 PCT; Rule 157(4) EPC

135

003

Search fee
Rule 16 PCT

 

1 775

225

International filing fee
Rule 15.2 PCT

1 217[ 12 ]

222

Supplement for each sheet in excess of 30 sheets

14[ 12 ]

316
318
319

PCT reduction for filing in electronic form

92[ 12 ]
183[ 12 ]
275[ 12 ]

063

Late payment fee
Rule 16bis.2 PCT[ 13 ]

50% of the unpaid fee(s)
but not to exceed
EUR 608.50

013

Fee for requesting restoration of right of priority
Rule 26bis.3(d) PCT

665

 

Code

EPO International Searching Authority; Supplementary International Searching Authority

EUR

003

Additional search fee
Rule 40.2(a) PCT; Rule 158(1) EPC

1 775

 

Fee for a supplementary international search
Rule 45bis.3(a) PCT

1 775[ 14 ]

066

Fee for the late furnishing of sequence listings
Rule 13ter.1(c) and Rule 13ter.2 PCT

240

062

Protest fee
(Rule 158(3) EPC, Rules 40.2(e) and 68.3(e) PCT) relating to an additional international search

910

069

Review fee (Rule 45bis.6(c) PCT) relating to a supplementary international search

910

 

Supplementary search handling fee
(Rule 45bis.2 PCT)

CHF 200[ 14 ]

 

Late payment fee relating to a supplementary international search
(Rule 45bis.4(c) PCT)

50%[ 14 ] of the supplementary search handling fee

 

Code

EPO International Preliminary Examining Authority

EUR

224

Handling fee
Rule 57 PCT

183[ 15 ]

021

Fee for preliminary examination
Rule 58 PCT; Rule 158(2) EPC

 

1 830

064

Late payment fee[ 16 ]
Rule 58bis.2 PCT

50% of the unpaid fee(s)
but not to exceed
EUR 366.00

066

Fee for the late furnishing of sequence listings
Rules 13ter.1(c) and 13ter.2 PCT

240

062

Protest fee
(Rule 158(3) EPC, Rules 40.2(e) and 68.3(e) PCT) relating to an additional international search

910

Fees payable to the EPO for international applications upon entry into the "regional phase" (Euro-PCT applications)[ 17 ] (applicable as of 1 April 2020)

Code

 

EUR

 

Filing fee[ 18 ]

 

020
  • online filings of EPO Form 1200

125

020
  • other filing methods

260

520

Additional fee for a European patent application comprising more than 35 pages (not counting pages forming part of a sequence listing)
for the 36th and each subsequent page

16

 

Designation fee

 

 

Extension fee/
Validation fee

 

 

Claims fee

 

 

Search fee

 

 

Examination fee

 

 

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

 

490

013

Fee for requesting restoration of right of priority
Rule 49ter.2(d) PCT

 

665

013

Fee for reinstatement of rights
Rule 49.6(d) PCT

 

665

 

 

 

[ 1 ] Amendments and additions to the fee guidance published in OJ EPO 2019, A29 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 decision of the President of the EPO concerning the electronic filing of documents (OJ EPO 2018, A45 and the notice from the EPO, (OJ EPO 2018, A46).

[ 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 920 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

www.wipo.int/export/sites/www/pct/en/fees.pdf.

[ 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 – 13th edition, January 2020. 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 ] 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 1 150 if it is paid on or after 1 April 2020.

[ 20 ] 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).

Source: http://www.epo.org/law-practice/legal-texts/official-journal/2020/03/a33.html

Date retrieved: 19 May 2021

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