The applicant is required to pay a filing fee and, subject to the exception mentioned below (see the note to point (iii) below), a search fee. The filing and search fees must be paid within the following periods:[Art. 78(2); ]
*Note that when a supplementary European search report is not prepared by the EPO (see B‑II, 4.3), no search fee is required for the Euro-PCT application (Rule 159(1)(e)).
With regard to applications of types (i) and (ii), the EPO will check that these fees have been paid. If either fee is not paid on time, the application is deemed to be withdrawn. The EPO will notify the applicant of the loss of rights according to Rule 112(1); the applicant can respond by requesting further processing according to Art. 121 and Rule 135.[Art. 90(3); Rule 57(e); Art. 78(2); Rule 36(3); Rule 17(2); ]
Pursuant to Art. 2(1) RFees as amended by Decision of the Administrative Council of 13 December 2017 (OJ EPO 2018, A4), the amount of the filing fee depends on the method and format used for filing the European patent application or its translation, if applicable.
With regard to Euro-PCT applications (type (iii)), see E‑IX, 2.1.3.
Date retrieved: 30 December 2018
23 references found.Click X to load a reference inside the current page, click on the title to open in a new page.
EPC Implementing Rules
XR.159 EPC The European Patent Office as a designated or elected Office – Requirements for entry into the European phase
EPC Rules relating to Fees
EPO Guidelines - A Formalities Examination
EPO Guidelines - B Search
EPO Guidelines - E General Procedural Matters
EPO Guide for Applicants, part II Int. - E Euro-PCT procedure before the EPO as designated or elected Office
Offical Journal of the EPO
XOJ EPO 2018, A4 - Decision of the Administrative Council of 13 December 2017 amending Articles 2 and 14 of the Rules relating to Fees (CA/D 17/17)