This section relates only to applications filed and international applications entering the European phase on or after 1 April 2009 (see also the Notice from the EPO dated 26 January 2009, OJ EPO 2009, 118, and the supplement thereto, OJ EPO 2009, 338).[Rule 38(2); Rule 38(3); Art. 2(1), item 1a, RFees; Rule 46; Rule 49; ]

An additional fee is payable as part of the filing fee for European patent applications which are filed on or after 1 April 2009 and comprise more than thirty-five pages. The amount of the fee is calculated according to the number of pages over thirty-five. The language reduction under Rule 6(3) applies if the requirements of Rule 6(4), Rule 6(6) and Rule 6(7) have been met (see A‑X, 9.2.1 and A-X, 9.2.2). The additional fee is payable within one month of the filing date of the application or of the date of filing a European divisional application or a European application according to Art. 61(1)(b). If the application is filed without claims or by reference to a previously filed application, the additional fee is payable within one month of filing the first set of claims or one month of filing the certified copy of the application referred to in Rule 40(3), whichever expires later. The additional fee is calculated on the basis of the pages of the description, claims, any drawings and one page for the abstract, in the language of filing. Where formal deficiencies in the documents making up the European patent application need to be corrected, the number of pages complying with the physical requirements (see A‑III, 3, and A‑IX) is taken as the basis for calculation. In particular those deficiencies relating to the minimum margins (Rule 46(1), Rule 49(5)), the start on a new sheet of each document making up the application (Rule 49(4)), line-spacing and character size (Rule 49(8)) as well as the scale of drawings (Rule 46(2)(c)) potentially have an impact on the number of pages. Where this is the case, any additional fee due for the higher number of pages may be paid within two months of the invitation pursuant to Rule 58 drawing the applicant's attention to this requirement.

The pages of the request for grant (EPO Form 1001) and those forming part of a sequence listing within the meaning of Rule 30(1) are not counted, provided the sequence listing contained in the description complies with WIPO Standard ST.25. If the application is filed by reference to a previously filed application, the pages of the certified copy, excluding those for the certification and for bibliographic data, are taken as the basis for the calculation. If the application is filed without claims, the additional fee takes account of the pages of the first set of claims filed.

For international (Euro-PCT) applications entering the European phase on or after 1 April 2009, the additional fee is payable as part of the filing fee within the 31-month period of Rule 159(1). It is calculated on the basis of the international application as published (even if published in a non-EPO language), any amended claims under Art. 19 PCT, which replace the claims as originally filed unless specified to the contrary (see OJ EPO 2017, A74), and one page for the abstract. If there is more than one page of bibliographic data, the further pages are not counted. The pages of the latest set of any amended documents (Art. 34 PCT, amendments filed upon entry) on which European phase processing is to be based (Rule 159(1)(b)) will also be taken into account where available to the EPO by the date of payment of the additional fee within the thirty-one months. If the applicant intends pages of the international publication or of amendments to be replaced by pages of the latest set of amendments, and therefore to be excluded from the calculation, then it is also for that party, at the latest by the date of payment, to identify these replacement pages and clearly indicate the pages which they are to replace. This information should preferably be given in the relevant section of the form for entry into the European phase, and in particular in the related table (see notes on EPO Form 1200). Otherwise any new pages filed at this stage will be taken to be additional pages. If the applicant explicitly states that application documents filed on entry into the European phase have merely been reformatted (so as to reduce the number of pages subject to payment of an additional fee) rather than substantively amended, the EPO disregards these reformatted application documents and does not accept them as the basis for calculation of the additional fee.

Any replacement pages must be filed in an official language of the EPO. Where the international application has not been published in an official language of the EPO, the additional fee for any amended description or drawings will be based on the translation of the international application filed on entry into the European phase (see E‑IX, 2.1.3). EPO Form 1200 is disregarded in the calculation of the additional fee.

International application, published in English, containing 100 pages:

Abstract

Description

Claims

Drawings

claims, Art. 19 PCT

On entry into European phase, within the 31-month period, 10 pages of amended claims are filed to replace previous pages of claims, as indicated by the applicant in EPO Form 1200.

-> number of pages on which calculation is based: 100 - 20 (original claims) - 9 (Art. 19 PCT) + 10 (EP entry) - 35 (fee-exempt)

-> number of pages to be paid for: 46

Pages of amendments filed after the date of payment of the additional fee, in particular during the Rule 161(1) or Rule 161(2) period (see E‑IX, 3), are not taken into account. Consequently, if amendments are filed at this stage which reduce the number of pages already paid for, no refund will be made.

If the additional 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 request further processing according to Art. 121 and Rule 135. The amount of the fee for further processing is computed according to the number of pages on file at expiry of the relevant period for which the additional fee, calculated as set out above, has not been paid. The amount of the fee for further processing in respect of the additional fee does not take into account the basic filing fee according to Art. 2(1), item 1, RFees, where this was paid on time.[Art. 78(2); ]