CLR III F 6 Language-related fee reductions

Under R. 6(3) - (7) EPC (as in force from 1 April 2014 – see Decision of the Administrative Council of 13 December 2013, OJ 2014, A4) certain categories of applicants fulfilling the requirements of Art. 14(4) EPC are eligible for a fee reduction when filing a European patent application or request for examination (see also Notice of 10 January 2014, OJ 2014, A23; and J 4/18). A corresponding language-related fee reduction is no longer available for oppositions, appeals, requests for limitation or for revocation, or petitions for review (for earlier decisions concerning the former reduction of the opposition and appeal fees, see "Case Law of the Boards of Appeal", 7th ed. 2013, III.F.5).

In G 6/91 (OJ 1992, 491) the Enlarged Board of Appeal ruled that the persons concerned were only entitled to the fee reduction under R. 6(3) EPC 1973 if they filed the essential item of the first act in filing, examination, opposition or appeal proceedings (note: the last two cases are no longer relevant – see previous paragraph) in an official language of the state concerned other than English, French or German, and supplied the necessary translation no earlier than simultaneously with the original. According to T 905/90 (OJ 1994, 306, Corr. 556), neither a request for a fee reduction, nor a notification that only a reduced fee had been paid, was an essential part of the first act of the relevant proceedings (see also J 4/88, OJ 1989, 483).

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