The fees due to be paid to the Office under Article 1 RFees, unless otherwise provided in paragraph 2, shall be as follows:
1.[ 3 ] Filing fee
(i) where the European patent application or, if required, its translation (Article 14, paragraph 2) is filed online in character-coded format, or,
in the case of an international application, if within the 31-month period (Rule 159, paragraph 1) the form for entry into the European phase (EPO Form 1200) and the international application or, if required, its translation (Rule 159, paragraph 1(a)), and any amendments for processing in the European phase (Rule 159, paragraph 1(b)), are all filed online in character-coded format[ 4 ]
95
(iii) in all other cases[ 7 ]
260
1a.[ 8 ] 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 EPC)
plus EUR 16
for the 36th and each subsequent page
1b.[ 9 ] 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 EPC)
- fee for a divisional application of second generation
220
- fee for a divisional application of third generation
440
- fee for a divisional application of fourth generation
660
- fee for a divisional application of fifth or any subsequent generation
885
- a European or supplementary European search on an application filed on or after 1 July 2005 (Article 78, paragraph 2 EPC, Rule 62 EPC, Rule 64, paragraph 1 EPC, Article 153, paragraph 7 EPC, Rule 164, paragraphs 1 EPC[ 10 ] and Rule 164, paragraphs 2 EPC)
1 350
- a European or supplementary European search on an application filed before 1 July 2005 (Article 78, paragraph 2 EPC, Rule 64, paragraph 1 EPC, Article 153, paragraph 7 EPC)
920
- an international search (Rule 16.1 PCT, Rule 40bis PCT in conjunction with Rule 20.5bis PCT,[ 11 ] and Rule 158, paragraph 1 EPC)[ 12 ]
1 775
- a supplementary international search (Rule 45bis.3(a) PCT)[ 13 ]
1 775
3.[ 14 ] Designation fee
for one or more Contracting States (Article 79, paragraph 2 EPC) in respect of an application filed on or after 1 April 2009
610
For the European patent application (Article 86, paragraph 1 EPC), calculated in each case from the date of filing of the application
- for the 3rd year
490
- for the 4th year
610
- for the 5th year
855
- for the 6th year
1 090
- for the 7th year
1 210
- for the 8th year
1 330
- for the 9th year
1 450
- for the 10th and each subsequent year
1 640
for belated payment of a renewal fee for the European patent application (Rule 51, paragraph 2 EPC)
50%
of the belated renewal fee
(Article 94, paragraph 1 EPC) in respect of
- an application filed before 1 July 2005
1 900
- an application filed on or after 1 July 2005
1 700
- an international application filed on or after 1 July 2005 for which no supplementary European search report is drawn up (Article 153, paragraph 7 EPC)
1 900
7.[ 16 ] Fee for grant
including fee for publication of the European patent specification (Rule 71, paragraph 3 EPC), in respect of an application filed on or after 1 April 2009
(i) where on or after 1 April 2018 all amendments and corrections of the application, if any, and the translation of the claims are filed online in character-coded format[ 17 ]
860
- where the fee for grant is paid between 1 April 2018 and [date to be set by the President of the Office][ 18 ]
960
- where the fee for grant is paid on or after [date to be set by the President of the Office][ 19 ]
1 065
8.[ 20 ] Fee for publishing
a new specification of the European patent (Rule 82, paragraph 2 EPC, Rule 95, paragraph 3 EPC)
80
for late performance of the acts required to maintain the European patent in amended form (Rule 82, paragraph 3 EPC, Rule 95, paragraph 3 EPC)
125
- request for limitation
1 210
- request for revocation
545
11. Fee for appeal[ 21 ]
(Article 108 EPC) for an appeal filed
- by a natural person or an entity referred to in Rule 6, paragraphs 4 EPC and Rule 6, paragraph 5 EPC
1 955
- by any other entity
2 705
- 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 EPC
265
- other cases
265
13.[ 22 ] Fee for re-establishment of rights/fee for requesting restoration/fee for reinstatement of rights
15.[ 23 ] Claims fee
(Rule 45, paragraph 1 EPC, Rule 71, paragraph 4 EPC, Rule 162, paragraph 1 EPC) in respect of an application filed on or after 1 April 2009
- for the 16th and each subsequent claim up to the limit of 50
245
- for the 51st and each subsequent claim
610
18.[ 24 ] Transmittal fee for an international application
- where the PCT request (PCT/RO/101) and the international application are filed with the Office as receiving Office online in character-coded format[ 25 ]
0
- in all other cases[ 26 ]
135
1 830
4 055
21.[ 28 ] Protest fee
22.[ 29 ] Review fee
910
(2)[ 30 ]
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 RFees, Article 2, item 3a RFees, Article 2, item 7 RFees and Article 2, item 15 of the Rules relating to Fees as in force until 31 March 2009 shall be as follows:
for each contracting state designated (Article 79, paragraph 2 EPC), designation fees being deemed paid for all contracting states upon payment of seven times the amount of this fee
105
for the Swiss Confederation and the Principality of Liechtenstein
105
7.[ 31 ] Fee for grant
including fee for printing the European patent specification (Rule 71, paragraph 3 EPC), where the application documents to be printed comprise:
(i) on or after 1 April 2018 all amendments and corrections of the application, if any, and the translation of the claims are filed online in character-coded format[ 32 ]
860
- where the fee for grant is paid between 1 April 2018 and [date to be set by the President of the Office][ 33 ]
960
- where the fee for grant is paid on or after [date to be set by the President of the Office][ 34 ]
1 065
The relevant amount of item 7.1
plus EUR 16
for the 36th and each subsequent page
for the sixteenth and each subsequent claim (Rule 45, paragraph 1 EPC, Rule 71, paragraph 4 EPC, Rule 162, paragraph 1 EPC)
245
(3)[ 35 ]
The President of the Office shall determine the formats referred to in Article 2, paragraphs 1 RFees and Article 2, paragraphs 2 RFees, and may specify the conditions under which a document referred to in Article 2, paragraphs 1 RFees and Article 2, paragraphs 2 RFees, is deemed to have been filed online in character-coded format.
(4)[ 36 ]
Fee levels which relate to the use of a means of electronic communication or a format referred to in Article 2, paragraphs 1 RFees and Article 2, paragraphs 2 RFees, shall not apply until a date set by the President of the Office.
Last amended by decision of the Administrative Council CA/D 2/20 of 27.03.2020 (OJ EPO 2020, A36), which entered into force on 01.07.2020.
Amended by decision of the Administrative Council CA/D 12/19 of 12.12.2019 (OJ EPO 2020, A3), which entered into force on 01.04.2020.
See decision of the Administrative Council CA/D 11/18 of 12.12.2018 (OJ EPO 2019, A3) in conjunction with notice from the EPO of 24.01.2019 concerning the application of these fee levels (OJ EPO 2019, A6).
Pursuant to Article 2, sentence 1, CA/D 11/18 (OJ EPO 2019, A3), this fee level does not currently apply. It will be applicable from a date to be set by the President of the Office.
See decision of the President of the EPO and notice from the EPO of 09.05.2019 concerning the electronic filing of documents (OJ EPO 2018, A45 and OJ EPO 2018, A46).
This fee level applies to all online filings until a date to be set by the President of the Office from which the fee level under (i) will become applicable.
This fee level applies to all non-online filings.
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), which entered into force on 01.04.2009. See notice from the EPO of 26.01.2009 concerning the 2009 fee structure (OJ EPO 2009, 118 and 2009, 338).
Inserted by decision of the Administrative Council CA/D 14/13 of 13.12.2013 (OJ EPO 2014, A5), which entered into force on 01.04.2014.
Inserted by decision of the Administrative Council CA/D 14/13 of 13.12.2013 (OJ EPO 2014, A5), which entered into force on 01.11.2014.
Inserted by decision of the Administrative Council CA/D 2/20 of 27.03.2020 (OJ EPO 2020, A36), which entered into force on 01.07.2020.
See notice from the EPO of 14.06.2020 concerning new Rule 20.5bis PCT on the correction of erroneous filings in the procedures before the EPO (OJ EPO 2020, A81).
See decision of the Administrative Council CA/D 13/19 of 12.12.2019 concerning the reduction of this fee in favour of nationals of certain states (OJ EPO 2020, A4) and notice from the EPO of 20.02.202010.07.2020 concerning the reduction of the fees for the international search and the international preliminary examination carried out on international applications in favour of nationals of certain states (OJ EPO 2020, A18OJ EPO 2020, A91).
Inserted by decision of the Administrative Council CA/D 10/09 of 28.10.2009 (OJ EPO 2009, 593), which entered into force on 01.07.2010.
Amended by decision of the Administrative Council CA/D 15/07 of 14.12.2007 (OJ EPO 2008, 10), which entered into force on 01.04.2009. See notice from the EPO of 26.01.2009 concerning the 2009 fee structure (OJ EPO 2009, 118).
See decision of the Administrative Council CA/D 6/20 of 28.05.2020 (OJ EPO 2020, A70) and notice from the EPO of 29.05.2020 concerning the temporary suspension of the application of Rule 51(2) EPC with respect to the additional fee for belated payment of a renewal fee for a European patent application (OJ EPO 2020, A75).
Amended by decision of the Administrative Council CA/D 15/07 of 14.12.2007 (OJ EPO 2008, 10), which entered into force on 01.04.2009. See notice from the EPO of 26.01.2009 concerning the 2009 fee structure (OJ EPO 2009, 118).
Amended by decision of the Administrative Council CA/D 17/17 of 13.12.2017 (OJ EPO 2018, A4), which entered into force on 01.04.2018. See decision of the Administrative Council CA/D 11/18 of 12.12.2018 (OJ EPO 2019, A3) in conjunction with notice from the EPO of 24.01.2019 concerning the application of these fee levels (OJ EPO 2019, A6).
Pursuant to Article 2, sentence 1, CA/D 11/18 (OJ EPO 2019, A3), this fee level does not currently apply. It will be applicable from a date to be set by the President of the Office.
This fee level applies for the fee for grant until the date to be set by the President of the Office from which the fee level under (ii) second indent will become applicable.
Pursuant to Article 2, sentence 1, CA/D 11/18, (OJ EPO 2019, A3), this fee level does not currently apply. It will be applicable from a date to be set by the President of the Office.
Amended by decision of the Administrative Council CA/D 15/07 of 14.12.2007 (OJ EPO 2008, 10), which entered into force on 01.04.2009.
Last amended by decision of the Administrative Council CA/D 17/17 of 13.12.2017 (OJ EPO 2018, A4), which entered into force on 01.04.2018.
See notice from the EPO of 18.12.2017 concerning the reduced fee for appeal (Article 108 EPC) (OJ EPO 2018, A5).
See the possibility of reimbursement of the appeal fee (Rule 103 EPC) amended by decision of the Administrative Council CA/D 14/19 of 12.12.2019 (OJ EPO 2020, A5), which entered into force on 01.04.2020.
Amended by decision of the Administrative Council CA/D 17/07 of 25.10.2007 (OJ EPO 2007, 533), which entered into force on 13.12.2007.
Amended by decision of the Administrative Council CA/D 15/07 of 14.12.2007 (OJ EPO 2008, 10), which entered into force on 01.04.2009. See notice from the EPO of 26.01.2009 concerning the 2009 fee structure (OJ EPO 2009, 118).
Amended by decision of the Administrative Council CA/D 17/17 of 13.12.2017 (OJ EPO 2018, A4), which entered into force on 01.04.2018. See decision of the Administrative Council CA/D 11/18 of 12.12.2018 (OJ EPO 2019, A3) in conjunction with notice from the EPO of 24.01.2019 concerning the application of these fees (OJ EPO 2019, A6).
Pursuant to Article 2, sentence 1, CA/D 11/18 (OJ EPO 2019, A3), this fee level does not currently apply. It will be applicable from a date to be set by the President of the Office.
This fee level applies for any transmittal fee for an international application until the date to be set by the President of the Office from which the fee level in the first indent will become applicable.
Last amended by decision of the Administrative Council CA/D 17/17 of 13.12.2017 (OJ EPO 2018, A4), which entered into force on 01.04.2018.
See decision of the Administrative Council CA/D 13/19 of 12.12.2019 concerning the reduction of this fee in favour of nationals of certain states (OJ EPO 2020, A4).
Amended by decision of the Administrative Council CA/D 6/11 of 27.10.2011 (OJ EPO 2011, 616), which entered into force on 01.04.2012.
Inserted by decision of the Administrative Council CA/D 10/09 of 28.10.2009 (OJ EPO 2009, 593), which entered into force on 01.07.2010.
Inserted by decision of the Administrative Council CA/D 19/09 of 28.10.2009 (OJ EPO 2009, 587), which entered into force on 01.04.2010.
Amended by decision of the Administrative Council CA/D 17/17 of 13.12.2017 (OJ EPO 2018, A4), which entered into force on 01.04.2018.
See decision of the Administrative Council CA/D 11/18 of 12.12.2018 (OJ EPO 2019, A3) in conjunction with notice from the EPO of 24.01.2019 concerning the application of these fees (OJ EPO 2019, A6).
Pursuant to Article 2, sentence 1, CA/D 11/18 (OJ EPO 2019, A3), this fee level does not currently apply. It will be applicable from a date to be set by the President of the Office.
This fee level applies for the fee for grant until the date to be set by the President of the Office from which the fee level under (ii) second indent will become applicable.
Pursuant to Article 2, sentence 1, CA/D 11/18 (OJ EPO 2019, A3), this fee level does not currently apply. It will be applicable from a date to be set by the President of the Office.
Inserted by decision of the Administrative Council CA/D 17/17 of 13.12.2017 (OJ EPO 2018, A4), which entered into force on 01.04.2018.
Inserted by decision of the Administrative Council CA/D 11/18 of 12.12.2018 (OJ EPO 2019, A3), which entered into force on 01.04.2019. See notice from the EPO of 24.01.2019 concerning the amendment of the Rules relating to Fees as of 01.04.2019 (OJ EPO 2019, A6).
Source: http://www.epo.org/law-practice/legal-texts/html/epc/2016/e/articl2.html
Date retrieved: 17 May 2021
165 references found.
Click X to load a reference inside the current page, click on the title to open in a new page.EPC Articles
EPC Implementing Rules
XR.30 EPC Requirements of European patent applications relating to nucleotide and amino acid sequences
XR.158 EPC The European Patent Office as an International Searching Authority or International Preliminary Examining Authority
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 - C Procedureal Aspects of Substantive Examination
EPO Guidelines - D Opposition and Limitation/Revocation Procedures
XGL D VI 7.2.3 Request for publishing fee, translations and a formally compliant version of amended text passages
EPO Guidelines - E General Procedural Matters
EPO PCT GL - A Formalities Examination
EPO PCT GL - B Search
XGL-PCT B III 2.3.3 Incorporating missing parts or elements , or correct parts or elements, completely contained in the priority document
XGL-PCT B III 2.3.4 Correct elements or parts notified after the start of the search and additional fee
XGL-PCT B XI 2.1 Applications containing missing parts or elements , or correct parts or elements, incorporated by reference
EPO Guide for Applicants, part II Int. - C The EPO as ISA and SISA
PCT Implementing Rules
XR.40bis PCT Additional Fees in Case of Missing Parts or Correct Elements and Parts Included in the International Application or Considered to Have Been Contained in the International Application
XR.49ter PCT Effect of Restoration of Right of Priority by Receiving Office; Restoration of Right of Priority by Designated Office
Offical Journal of the EPO
XOJ EPO SE 3/2020, p20 - Decision of the President of the European Patent Office dated 29 January 2020 revising the Officeꞌs fees and expenses – OJ EPO 2020, A6 (republication)
XOJ EPO SE 3/2020, p1 - Rules relating to Fees of 20 October 1977 as adopted by decision of the Administrative Council of the European Patent Organisation of 7 December 2006 and as last amended by decision of the Administrative Council of [..]
XOJ EPO 2020, A91 - Notice from the European Patent Office dated 10 July 2020 concerning the reduction of the fees for the international search and the international preliminary examination carried out on international applications in favour of [..]
XOJ EPO 2020, A81 - Notice from the European Patent Office dated 14 June 2020 concerning the applicability of new Rule 20.5 bis PCT on the correction of erroneous filings in proceedings before the EPO
XOJ EPO 2020, A75 - Notice from the European Patent Office dated 29 May 2020 concerning the temporary suspension of the application of Rule 51(2) of the European Patent Convention with respect to the additional fee for belated payment of a [..]
XOJ EPO 2020, A70 - Decision of the Administrative Council of 28 May 2020 temporarily suspending the application of Rule 51, paragraph 2, EPC with respect to the additional fee, as referred to in Article 2, paragraph 1, item 5, of the Rules [..]
XOJ EPO 2020, A38 - Notice from the European Patent Office dated 30 March 2020 concerning the extension of periods for the payment of fees
XOJ EPO 2020, A36 - Decision of the Administrative Council of 27 March 2020 amending Rule 142 of the Implementing Regulations to the European Patent Convention and Article 2 of the Rules relating to Fees (CA/D 2/20)
XOJ EPO 2020, A33 - Guidance for the payment of fees, expenses and prices applicable as from 1 April 2020 [ 1 ]
XOJ EPO 2020, A30 - Notice from the European Patent Office dated 20 March 2020 concerning search and examination fees
XOJ EPO 2020, A18 - Notice from the European Patent Office dated 20 February 2020 concerning the reduction of the fees for the international search and the international preliminary examination carried out on international applications in favour [..]
XOJ EPO 2020, A10 - Notice from the European Patent Office dated 20 December 2019 concerning forms and publications available from the EPO
XOJ EPO 2020, A6 - Decision of the President of the European Patent Office dated 29 January 2020 revising the Officeꞌs fees and expenses
XOJ EPO 2020, A5 - Decision of the Administrative Council of 12 December 2019 amending Rule 103 of the Implementing Regulations to the European Patent Convention ( CA/D 14/19 )
XOJ EPO 2020, A4 - Decision of the Administrative Council of 12 December 2019 concerning the reduction in the fees for the international search and the international preliminary examination carried out on international applications filed by [..]
XOJ EPO 2020, A3 - Decision of the Administrative Council of 12 December 2019 amending Articles 2 and 7 of the Rules relating to Fees ( CA/D 12/19 )
XOJ EPO SE 4/2019, p32 - Annex A.2 to the ADA - Information from the EPO concerning the automatic debiting procedure
XOJ EPO SE 3/2019, p20 - Decision of the President of the European Patent Office dated 20 February 2019 revising the Officeꞌs fees and expenses – OJ EPO 2019, A14 (republication)
XOJ EPO 2019, A46 - Decision of the President of the European Patent Office dated 22 May 2019 amending Annex A.1 to the ADA – Arrangements for the automatic debiting procedure (AAD) and Annex A.2 to the ADA – Information from the EPO concerning [..]
XOJ EPO 2019, A29 - Guidance for the payment of fees, expenses and prices applicable as from 1 April 2019 [ 1 ]
XOJ EPO 2019, A14 - Decision of the President of the European Patent Office dated 20 February 2019 revising the Officeꞌs fees and expenses
XOJ EPO 2019, A8 - Notice from the European Patent Office dated 17 December 2018 concerning forms and publications available from the EPO
XOJ EPO 2019, A6 - Notice of the European Patent Office dated 24 January 2019 concerning the amendment of Article 2 of the Rules relating to Fees with effect from 1 April 2019
XOJ EPO 2019, A3 - Decision of the Administrative Council of 12 December 2018 amending Article 2 of the Rules relating to Fees ( CA/D 11/18 )
XOJ EPO SE 2/2018, p1 - Rules relating to Fees of 20 October 1977 as adopted by decision of the Administrative Council of the European Patent Organisation of 7 December 2006 and as last amended by decision of the Administrative Council of [..]
XOJ EPO 2018, A46 - Notice from the European Patent Office dated 9 May 2018 concerning the electronic filing of documents
XOJ EPO 2018, A45 - Decision of the President of the European Patent Office dated 9 May 2018 concerning the electronic filing of documents
XOJ EPO 2018, A32 - Guidance for the payment of fees, expenses and prices applicable as from 1 April 2018 [ 1 ]
XOJ EPO 2018, A28 - Information for users on the availability of DOCX filing and changes to the filing fee, fee for grant and transmittal fee
XOJ EPO 2018, A26 - Notice from the European Patent Office dated 22 March 2018 concerning search and examination fees
XOJ EPO 2018, A5 - Notice from the EPO dated 18 December 2017 concerning the reduced fee for appeal (Article 108 EPC) for an appeal filed by a natural person or an entity referred to in Rule 6(4) EPC
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)
XOJ EPO SE 5/2017, p43 - Annex A.2 to the ADA - Information from the EPO concerning the automatic debiting procedure
XOJ EPO SE 5/2017, p22 - Annex A.1 to the ADA - Arrangements for the automatic debiting procedure (AAD) [ 1 ]
XOJ EPO 2017, A74 - Notice from the European Patent Office dated 7 July 2017 concerning updated EPA/EPO/OEB Form 1200 (Entry into the European phase)
XOJ EPO 2014, A5 - Decision of the Administrative Council of 13 December 2013 amending Article 2 of the Rules relating to Fees and adjusting the amount of the reduction in the fee for the supplementary European search where the international or [..]
XOJ EPO 2012, 584 - Decision of the Administrative Council of 25 October 2012 reducing the fee for the supple- mentary European search where the international search report or supplementary international search report was drawn up by the [..]
XOJ EPO 2012, 212 - Notice from the European Patent Office dated 6 February 2012 concerning search and examination fees
XOJ EPO 2011, 616 - Decision of the Administrative Council of 27 October 2011 amending the Rules relating to Fees and adjusting the amount of the reduction in the fee for the supplementary European search where the international or supple- [..]
XOJ EPO 2010, 133 - Notice from the European Patent Office dated 8 February 2010 concerning search and examination fees
XOJ EPO 2009, 593 - Decision of the Administrative Council of 28 October 2009 amending Article 2 of the Rules relating to Fees (CA/D 10/09)
XOJ EPO 2009, 587 - Decision of the Administrative Council of 28 October 2009 amending the Rules relating to Fees and adjusting the amount of the reduction in the fee for the supplementary European search where the international search report [..]
XOJ EPO 2008, 521 - Decision of the Administrative Council of 21 October 2008 concerning the reduction of the fees for the international search and the international preliminary examination carried out on international applications in favour of [..]
XOJ EPO 2008, 130 - Notice from the European Patent Office dated 11 February 2008 concerning search and examination fees
Case Law Book: II Conditions to be met by an Application
XCLR II F 4.2.1 Deemed designation of all states designated in earlier application at the date of filing of divisional
XCLR II F 4.2.2 Payment of fee for each designated State – case law concerning situation prior to 1 April 2009