A. 2 Rfees EPC Fees provided for in the Convention and in the Implementing Regulations

(1)

The fees due to be paid to the Office under Article 1, unless otherwise provided in paragraph 2, shall be as follows:

1.^[ 3 ] Filing fee

- the European patent application or, in the case of an international application, the form for entry into the European phase (EPO Form 1200) is filed online [ 4 ]

120

- the European patent application or, in the case of an international application, the form for entry into the European phase (EPO Form 1200) is not filed online

210

1a.^[ 5 ] Additional fee

for a European patent application comprising more than 35 pages (not counting pages forming part of a sequence listing) (Rule 38, paragraph 2)

plus EUR 15

for the 36^th and each subsequent page

1b.^[ 6 ] Additional fee

in the case of a divisional application filed in respect of any earlier application which is itself a divisional application (Rule 38, paragraph 4)

- fee for a divisional application of second generation

210

- fee for a divisional application of third generation

425

- fee for a divisional application of fourth generation

635

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

850

2. Search fee in respect of

- a European or supplementary European search on an application filed on or after 1 July 2005 (Article 78, paragraph 2, Rule 62, Rule 64, paragraph 1, Article 153, paragraph 7, Rule 164, paragraphs 1 [ 7 ] and 2)

1 300

- a European or supplementary European search on an application filed before 1 July 2005 (Article 78, paragraph 2, Rule 64, paragraph 1, Article 153, paragraph 7)

885

- an international search (Rule 16.1 PCT and Rule 158, paragraph 1)[ 8 ]

1 8751 775

- a supplementary international search (Rule 45bis.3(a) PCT)[ 9 ]

1 8751 775

3.^[ 10 ] Designation fee

for one or more Contracting States (Article 79, paragraph 2) in respect of an application filed on or after 1 April 2009

585

4. Renewal fees

For the European patent application (Article 86 Paragraph 1), calculated in each case from the date of filing of the application

- for the 3rd year

470

- for the 4th year

585

- for the 5th year

820

- for the 6th year

1 050

- for the 7th year

1 165

- for the 8th year

1 280

- for the 9th year

1 395

- for the 10th and each subsequent year

1 575

5. Additional fee

for belated payment of a renewal fee for the European patent application (Rule 51, paragraph 2)

50%

of the belated renewal fee

6. Examination fee

(Article 94, paragraph 1) in respect of

- an application filed before 1July 2005

1 825

- an application filed on or after 1 July 2005

1 635

- an international application filed on or after 1 July 2005 for which no supplementary European search report is drawn up (Article 153, paragraph 7)

1 825

7.^[ 11 ] Fee for grant

including fee for publication of the European patent specification (Rule 71, paragraph 3), in respect of an application filed on or after 1 April 2009

925

8.^[ 12 ] Fee for publishing

a new specification of the European patent (Rule 82, paragraph 2, Rule 95, paragraph 3)

9. Surcharge

for late performance of the acts required to maintain the European patent in amended form (Rule 82, paragraph 3, Rule 95, paragraph 3)

120

10. Opposition fee

(Article 99, paragraph 1, Article 105, paragraph 2)

785

10a. Limitation or revocation fee

(Article 105a, paragraph 1)

- request for limitation

1 165

- request for revocation

525

11. Fee for appeal^[ 13 ]

(Article 108) for an appeal filed

- by a natural person or an entity referred to in Rule 6 , paragraph 4 and 5

1 880

- by any other entity

2 255

11a. Fee for petition for review

(Article 112a, paragraph 4)

2 910

12. Fee for further processing

(Rule 135, paragraph 1)

- in the event of late payment of a fee

50%

of the relevant fee

- in the event of late performance of the acts required under Rule 71, paragraph 3

255

- other cases

255

13.^[ 14 ] Fee for re-establishment of rights/fee for requesting restoration/fee for reinstatement of rights

(Rule 136, paragraph 1, Rule 26bis.3(d) PCT, Rule 49ter.2(d) PCT, Rule 49.6(d)(i) PCT)

640

14. Conversion fee

(Article 135, paragraph 3, Article 140)

14a. Fee for late furnishing of a sequence listing

(Rule 30, paragraph 3)

230

15.^[ 15 ] Claims fee

(Rule 45, paragraph 1, Rule 71, paragraph 4, Rule 162, paragraph 1) in respect of an application filed on or after 1 April 2009

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

235

- for the 51^st and each subsequent claim

585

16. Fee for the awarding of costs

(Rule 88, paragraph 3)

17. Fee for the conservation of evidence

(Rule 123, paragraph 3)

18.[ 16 ] Transmittal fee for an international application

(Rule 157, paragraph 4)

130

19. Fee for the preliminary examination of an international application

Rule 58 PCT and Rule 158, paragraph 2)[ 17 ]

1 9301 830

20. Fee for a technical opinion

(Article 25)

3 900

21.^[ 18 ] Protest fee

(Rule 158, paragraph 3, Rule 40.2(e) PCT, Rule 68.3(e) PCT)

875

22.^[ 19 ] Review fee

(Rule 45bis.6(c) PCT)

875

(2)[ 20 ]

For European patent applications filed before 1 April 2009 and international applications which entered the regional phase before that date, the amount of the fees specified in Article 2, item 3, item 3a, item 7 and item 15 of the Rules relating to Fees as in force until 31 March 2009 shall be as follows:

3. Designation fee

for each contracting state designated (Article 79, paragraph 2), designation fees being deemed paid for all contracting states upon payment of seven times the amount of this fee

100

3a. Joint designation fee

for the Swiss Confederation and the Principality of Liechtenstein

100

7.[ 21 ] Fee for grant

including fee for printing the European patent specification (Rule 71, paragraph 3), where the application documents to be printed comprise:

7.1 not more than 35 pages

925

7.2 more than 35 pages

925

plus EUR 15

for the 36^th and each subsequent page

15. Claims fee

for the sixteenth and each subsequent claim (Rule 45, paragraph 1, Rule 71, paragraph 4, Rule 162, paragraph 1)

235

(3)[ 22 ]

The President of the Office shall determine the formats referred to in Article 2, paragraphs 1 and 2, and may specify the conditions under which a document referred to in Article 2, paragraphs 1 and 2, is deemed to have been filed online in character-coded format.

[ 2 ]

Last amended by decision of the Administrative Council CA/D 12/15 CA/D 17/17 of 16.12.201513.12.2017 (OJ EPO 2016, A3OJ EPO 2018, A4), entered into force on 01.04.2016 01.04.2018.

[ 3 ]

Amended by decision of the Administrative Council CA/D 5/08 of 09.12.2008 (OJ EPO 2009, 7), entered into force on 01.04.2009.Amended by decision of the Administrative Council CA/D 17/17 of 13.12.2017 (OJ EPO 2018, A4), entered into force on 01.04.2018. Concerning the ongoing technical preparations for DOCX filings, see information for users on the availability of DOCX filing and changes to the filing fee, fee for grant and transmittal fee, OJ EPO 2018, A28.

[ 4 ]

Applicable when using Online filing (see decision of the President of the EPO, OJ EPO 2015, A91), New online filing (CMS) (see decision of the President of the EPO, OJ EPO 2015, A27) or Web-form filingEPO Online Filing (OLF), the EPO case management system (CMS) or the EPO Web-Form Filing service (Web-Form Filing): (see decision of the President of the EPO, (OJ EPO 2014, A98OJ EPO 2018, A45) and the notice from the EPO (OJ EPO 2018, A46).

[ 5 ]

Inserted by decision of the Administrative Council CA/D 15/07 of 14.12.2007 (OJ EPO 2008, 10) and amended by decision of the Administrative Council CA/D 5/08 of 09.12.2008 (OJ EPO 2009, 7), entered into force on 01.04.2009. See also notice from the EPO dated 26.01.2009 concerning the 2009 fee structure (OJ EPO 2009, 118 and 2009, 338).

[ 6 ]

Inserted by decision of the Administrative Council CA/D 14/13 of 13.12.2013 (OJ EPO 2014, A5) entered into force on 01.04.2014.

[ 7 ]

Inserted by decision of the Administrative Council CA/D 14/13 of 13.12.2013 (OJ EPO 2014, A5), entered into force on 01.11.2014.

[ 8 ]

Last amended by decision of the Administrative Council CA/D 17/17 of 13.12.2017 (OJ EPO 2018, A4), entered into force on 01.04.2018.

See decision of the Administrative Council CA/D 7/08 of 21.10.2008 concerning the reduction of this fee in favour of nationals of certain states (OJ EPO 2008, 521).

[ 9 ]

Inserted by decision of the Administrative Council CA/D 10/09 of 28.10.2009 (OJ EPO 2009, 593), entered into force on 01.07.2010.Last amended by decision of the Administrative Council CA/D 17/17 of 13.12.2017 (OJ EPO 2018, A4), entered into force on 01.04.2018.

[ 10 ]

Amended by decision of the Administrative Council CA/D 15/07 of 14.12.2007 (OJ EPO 2008, 10), entered into force on 01.04.2009. See also notice from the EPO dated 26.01.2009 concerning the 2009 fee structure (OJ EPO 2009, 118).

[ 11 ]

Amended by decision of the Administrative Council CA/D 17/17 of 13.12.2017 (OJ EPO 2018, A4), entered into force on 01.04.2018. Concerning the ongoing technical preparations for DOCX filings, see information for users on the availability of DOCX filing and changes to the filing fee, fee for grant and transmittal fee, OJ EPO 2018, A28.

[ 12 ]

Amended by decision of the Administrative Council CA/D 15/07 of 14.12.2007 (OJ EPO 2008, 10), entered into force on 01.04.2009.

[ 13 ]

Last amended by decision of the Administrative Council CA/D 17/17 of 13.12.2017 (OJ EPO 2018, A4), entered into force on 01.04.2018.

See notice from the EPO dated 18.12.2017 concerning the reduced fee for appeal (Article 108 EPC) (OJ EPO 2018, A5).

See also the new possibility of reimbursing part of the appeal fee (R. 103(2)) introduced by decision of the Administrative Council CA/D 16/13 of 13.12.2013 (OJ EPO 2014, A3), entered into force on 01.04.2014.

[ 14 ]

Amended by decision of the Administrative Council CA/D 17/07 of 25.10.2007 (OJ EPO 2007, 533), entered into force on 13.12.2007.

[ 15 ]

[ 16 ]

[ 17 ]

Last amended by decision of the Administrative Council CA/D 17/17 of 13.12.2017 (OJ EPO 2018, A4), entered into force on 01.04.2018.

See decision of the Administrative Council CA/D 7/08 of 21.10.2008 concerning the reduction of this fee in favour of nationals of certain states (OJ EPO 2008, 521).

[ 18 ]

Amended by decision of the Administrative Council CA/D 6/11 of 27.10.2011 (OJ EPO 2011, 616), entered into force on 01.04.2012.

[ 19 ]

Inserted by decision of the Administrative Council CA/D 10/09 of 28.10.2009 (OJ EPO 2009, 593), entered into force on 01.07.2010.

[ 20 ]

Inserted by decision of the Administrative Council CA/D 19/09 of 28.10.2009 (OJ EPO 2009, 587), entered into force on 01.04.2010.

[ 21 ]

[ 22 ]

Inserted by decision of the Administrative Council CA/D 17/17 of 13.12.2017 (OJ EPO 2018, A4), entered into force on 01.04.2018. Concerning the ongoing technical preparations for DOCX filings, see information for users on the availability of DOCX filing and changes to the filing fee, fee for grant and transmittal fee, OJ EPO 2018, A28.

Source: http://www.epo.org/law-practice/legal-texts/html/epc/2016/e/articl2.html

Date retrieved: 30 December 2018