OJ EPO 2016, A26 - Guidance for the payment of fees, expenses and prices applicable as from 1 April 2016 [ 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 2016 are set out in supplementary publication 2, OJ EPO 2016. The amounts applicable as from 1 April 2016 were fixed by decision of the Administrative Council of 16 December 2015 (CA/D 12/15, OJ EPO 2016, A3).

The current schedule of fees and expenses of the EPO (status 1 April 2016) is set out in supplementary publication 2, OJ EPO 2016.

II. Important implementing rules to the Rules relating to Fees

Decision of the President of the European Patent Office dated 13 December 2013 revising the Office's fees and expenses (no changes in 2016): OJ EPO 2014, A13.

Arrangements for deposit accounts (ADA) including Arrangements for the automatic debiting procedure (AAD) and Arrangements for online fee payment via Online services: supplementary publication 3, OJ EPO 2015,

supplemented by the notice from the EPO concerning abrogation of the transitional procedure for filing automatic debit orders with the EPO as receiving Office to pay fees in PCT proceedings: OJ EPO 2015, A53,

supplemented by the decision of the President of the European Patent Office dated 3 February 2016 revising point 5.3 of the Arrangements for deposit accounts: OJ EPO 2016, A14.

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 16 December 2015, point 2.2.1 (OJ EPO 2016, A4).

III. Payment and refund of fees and expenses

When filed on paper, it is mandatory to accompany the payments with the most up-to-date version of the EPO form for the payment of fees and expenses (EPO 1010). The latest version is that of January 2016. The form can be downloaded from the EPO website.

Failure to use the above form will delay processing considerably, although payers will keep the original submission date as payment date. In such cases, however, for processing purposes, from 1 April 2014 onwards debit orders are to be resubmitted using the standard form (see Supplementary publication 3, OJ EPO 2015, ADA, point 6.3).

Alternatively, holders of deposit accounts with the EPO can pay fees by automatic debit or by online fee payment (see point 2 above).

Refund of search fees: decision of the President of the European Patent Office dated 21 February 2014 concerning the refund of search fees under Article 9(2) RFees: OJ EPO 2014, A29; decision of the President of the European Patent Office dated 21 February 2014 concerning the refund of search fees by the EPO acting as ISA: OJ EPO 2014, A30. Notice from the European Patent Office dated 9 January 2009 concerning the criteria for refund of the search fees: OJ EPO 2009, 99.

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.

Calculation of aggregate time limits: OJ EPO 1993, 229.

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 for Morocco (MA): OJ EPO 2015, A18; for the Republic of Moldova (MD): OJ EPO 2015, A84.

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:
http://www.epo.org/applying/forms-fees/payment.html

Requirements related to bank transfers: OJ EPO 2015, A65, Point 2.

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 1 October 2001 concerning the introduction of the euro: OJ EPO 2001, 524.

Notice dated 15 February 2016 concerning search and examination fees: OJ EPO 2016, A20.

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 Visegrad Patent Institute or
  • the Nordic Patent Institute:

CA/D 14/13 (Article 2), OJ EPO 2014, A5, applicable until 30 June 2016, and CA/D 8/1 (Article 1), OJ EPO 2016, A2, applicable from 1 July 2016 until 31 March 2020.

Reduction of the fee for a supplementary European search 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 State Intellectual Property Office of the People's Republic of China (SIPO) or the Korean Intellectual Property Office: OJ EPO 2005, 548.

Reduction of the examination fee where the international preliminary examination report was drawn up by the EPO: OJ EPO 2012, 212, point 4.

Guide for applicants – Part 2: PCT procedure before the EPO – "Euro-PCT Guide", chapter E (9th edition, January 2016).

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 1.1.2016, OJ EPO 2015, A100.

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 February 2014 concerning the refund of search fees by the EPO acting as ISA: OJ EPO 2014, A30.

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 13 December 2013, point 2.2.2 (OJ EPO 2014, A13).

Guide for applicants – Part 2: PCT procedure before the EPO – "Euro-PCT Guide", chapter A-D (9th edition, January 2016).

Important fees for European patent applications (as of 1.4.2016)

Code

Fees

EUR

 

Filing fee

 

001

120,00

001

  • other filings

210,00

501

Additional fee[ 3 ] 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

15,00

 

Additional fee[ 4 ] in the case of a divisional application

 

552

  • fee for a divisional application of second generation

210,00

553

  • fee for a divisional application of third generation

425,00

554

  • fee for a divisional application of fourth generation

635,00

555

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

850,00

 

Search fee

 

002

  • for applications filed before 1 July 2005[ 5 ]

885,00

002

  • for applications filed on or after 1 July 2005

1 300,00

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

585,00

BA
408
ME
410

Extension fee for each "extension state"[ 6 ]

102,00

MA
420

Validation fee for Morocco[ 6 ]

240,00

MD
421

Validation fee for the Republic of Moldova[ 6 ]

200,00

 

Claims feein 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

 

015[ 7 ]

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

235,00

 

016[ 7 ]

  • for the 51st and each subsequent claim

585,00

055

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

 

40,00

 

Examination fee

 

006

  • for applications filed before 1 July 2005

1 825,00

006

  • for applications filed on or after 1 July 2005

1 635,00

006

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

1 825,00

007

Fee for grant, 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

925,00

010

Opposition fee

785,00

131

Limitation fee

1 165,00

141

Revocation fee

525,00

011

Fee for appeal

1 880,00

111

Fee for petition for review

2 910,00

 

Fee for further processing

 

123

  • in the event of late payment of a fee

50% of the relevant fee

121

255,00

122

  • non fee-related cases

255,00

013

Fee for re-establishment of right of priority

640,00

067

Fee for late furnishing of a sequence listing

230,00

 

Renewal fees for the European patent application

 

033

for the 3rd year

470,00

034

for the 4th year

585,00

035

for the 5th year

820,00

036

for the 6th year

1 050,00

037

for the 7th year

1 165,00

038

for the 8th year

1 280,00

039

for the 9th year

1 395,00

040-050

for the 10th and each subsequent year

1 575,00

 

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

100,00

005

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

100,00

 

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

 

007

  • not more than 35 pages

925,00

008

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

15,00

015
016

Claims fee for the 16th and each subsequent claim

235,00

 

Fees for international applications (as of 1.4.2016)

Code

EPO receiving Office

EUR

019

Transmittal fee
R. 14 PCT; R. 157(4) EPC

130,00

003

Search fee
R. 16 PCT

 

1 875,00

225

International filing fee
R. 15.2 PCT

1 219,00[ 8 ]

222

Supplement for each sheet in excess of 30 sheets

14,00[ 8 ]

316
318
319

PCT reduction for filing in electronic form

92,00[ 8 ]
183,00[ 8 ]
275,00[ 8 ]

029

Issue of a certified copy of a European patent application or an international application (priority document)
R. 17.1(b) PCT; R. 54 EPC

50,00

063

Late payment fee
R. 16bis.2 PCT[ 9 ]

50% of the unpaid fee(s)
but not to exceed
609.50

013

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

640,00

 

Code

EPO International Searching Authority; Supplementary International Searching Authority

EUR

003

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

1 875,00

 

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

1 875,00[ 10 ]

 

066

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

230,00

062

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

875,00

069

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

875,00

 

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

CHF 200,00[ 10 ]

 

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

 

 

 

50%[ 10 ] of the supplementary search handling fee

 

Cost of copies
R. 44.3(b) PCT

 

0,80

 

Code

EPO International Preliminary Examining Authority

EUR

224

Handling fee
R. 57 PCT

183,00[ 11 ]

021

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

 

1 930,00

064

Late payment fee[ 12 ]
R. 58bis.2 PCT

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

066

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

230,00

062

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

875,00

 

Cost of copies
R. 71.2(b), R. 94.2 PCT

 

0,80

 

Fees payable to the EPO for international applications upon entry into the "regional phase" (Euro-PCT applications) [ 13 ] (as of 1.4.2016)

Code

 

EUR

 

Filing fee

 

020

  • online filings of EPO Form 1200

120,00

020

  • other filing methods

210,00

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

15,00

 

Designation fee

 

 

Extension fee for each "extension state"

 

 

Claims fee

 

 

Search fee[ 14 ]

 

 

Examination fee[ 15 ]

 

 

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

 

 

Amounts as indicated for European patent applications in the foregoing text

 

033

Renewal fee for the 3rd year, calculated from the date of filing

 

470,00

013

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

 

640,00

013

Fee for reinstatement of rights
R. 49.6(d) PCT

 

640,00

 

 

[ 1 ] Amendments and additions to the fees guidance published in OJ EPO 3/2014 are indicated in bold.

[ 2 ] Applicable when using Online filing (see Decision of the President dated 10.11.2015, OJ EPO 2015, A91), New online filing (CMS) (see Decision of the President of the EPO dated 11.03.2015, OJ EPO 2015, A27) or Web-form filing (see Decision of the President of the EPO dated 10.09.2014, OJ EPO 2014, A98).

[ 3 ] The additional fee applies to European patent applications filed on or after 1 April 2009.

[ 4 ] The additional fee applies to divisional applications filed on or after 1 April 2014.

[ 5 ] 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.

[ 6 ] 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 / MA, MD.

[ 7 ] Code 015: claims fee according to Rule 45(1) and Rule 162(1) EPC;
Code 016: claims fee according to Rule 71(4) EPC.

[ 8 ] Fee fixed by WIPO: applicants should double-check the latest amount on the WIPO website.

[ 9 ] OJ EPO 1992, 383.

[ 10 ] This fee must be paid in CHF to the IB.

[ 11 ] Fee fixed by WIPO: applicants should double-check the latest amount on the WIPO website.

[ 12 ] OJ EPO 1998, 282.

[ 13 ] See Article 153(2) EPC and Rules 159, 162 EPC; for further details, see Guide for applicants – Part 2: PCT procedure before the EPO – "Euro-PCT Guide", chapter E - 9th edition, January 2016. 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.

[ 14 ] 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 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. Furthermore, the search fee for a supplementary European search is 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 State Intellectual Property Office of the People's Republic of China (SIPO) or the Korean Intellectual Property Office. For applications filed on or after 1 July 2005, the search fee for a supplementary European search is reduced by EUR 190.

[ 15 ] 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 1. The examination fee is reduced by 50% if the EPO drew up an international preliminary examination report (IPER) pursuant to Rule 70 PCT (Article 14(2), first sentence, RFees).

45 references found.

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EPO Guide for Applicants, part II Int. - E Euro-PCT procedure before the EPO as designated or elected Office

PCT Articles

PCT Implementing Rules

Offical Journal of the EPO