The fees due to be paid to the Office under Article 1 RFees, unless otherwise provided in paragraph 2, shall be as follows:
(Article 78, paragraph 2) where
- 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
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 36th and each subsequent page
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
- 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
1 8751 775
- a supplementary international search (Rule 45bis.3(a) PCT)[ 9 ]
1 8751 775
for one or more Contracting States (Article 79, paragraph 2) in respect of an application filed on or after 1 April 2009
585
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
for belated payment of a renewal fee for the European patent application (Rule 51, paragraph 2)
50%
of the belated renewal 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
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
a new specification of the European patent (Rule 82, paragraph 2, Rule 95, paragraph 3)
75
for late performance of the acts required to maintain the European patent in amended form (Rule 82, paragraph 3, Rule 95, paragraph 3)
120
- request for limitation
1 165
- request for revocation
525
(Article 108) for an appeal filed
1 880
- by any other entity
2 255
- 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
230
(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 16th and each subsequent claim up to the limit of 50
235
- for the 51st and each subsequent claim
585
18.[ 16 ] Transmittal fee for an international application
130
1 9301 830
3 900
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 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), designation fees being deemed paid for all contracting states upon payment of seven times the amount of this fee
100
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 36th and each subsequent page
for the sixteenth and each subsequent claim (Rule 45, paragraph 1, Rule 71, paragraph 4, Rule 162, paragraph 1)
235
The President of the Office shall determine the formats referred to in Article 2, paragraphs 1 RFees and Article 2, paragraph 2 RFees, and may specify the conditions under which a document referred to in Article 2, paragraphs 1 RFees and Article 2, paragraph 2 RFees, is deemed to have been filed online in character-coded format.
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.
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.
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).
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).
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.
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.
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).
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.
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).
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).
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.
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.
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.
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.
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).
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.
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).
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.
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.
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.
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.
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
125 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
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
XGL E IX 2.1.2 Initial processing and formal examination; copy of the international application; translation
EPO PCT GL - A Formalities Examination
EPO Guide for Applicants, part II Int. - B The EPO as a PCT receiving Office
EPO Guide for Applicants, part II Int. - E Euro-PCT procedure before the EPO as designated or elected Office
XGA E I 7 How and where should the applicant initiate the procedure before the EPO as a designated/elected Office (Form 1200)?
XGA E X 5 Non-observance of the time limit for filing the request for examination and payment of the examination fee
XGA E XII 2 Non-observance of the requirement to file any missing data regarding the inventor or an applicant
PCT Implementing Rules
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 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 2014, A3 - Decision of the Administrative Council of 13 December 2013 amending Rule 103 of the Implementing Regulations to the European Patent Convention ( CA/D 16/13 )
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 designation of all states designated in earlier application at the date of filing of divisional
XCLR II F 4.2.2 of fee for each designated State – case law concerning situation prior to 1 April 2009