1. By decision of 12 December 2019[ 1 ], the Administrative Council of the European Patent Organisation revised the reduction scheme introduced in 2009[ 2 ] in respect of the fees for the international search and the international preliminary examination carried out on international applications filed by nationals of certain states.
2. Pursuant to Article 11(3)(iii) of the Agreement between the EPO and WIPO under the PCT[ 3 ], Annex D of the agreement has been revised with effect from 1 April 2020 to take into account the decision of the Administrative Council.
3. The fees for the international search, the supplementary international search and the international preliminary examination carried out on international applications under Article 2, paragraph 1, items 2 and 19, of the Rules relating to Fees will be reduced by 75% if the international application, the request for supplementary international search or the demand for international preliminary examination is filed by an applicant:
− where said applicant or, if there are two or more applicants, each applicant is a natural person who is a national and resident of a state that is not party to the European Patent Convention and that, on the date of filing of the application or on the date of payment of the supplementary international search fee or of the international preliminary examination fee, is classified by the World Bank as a low-income or lower-middle-income economy as shown in Annex I to this notice
− where said applicant or, if there are two or more applicants, each applicant is a natural or legal person who, within the meaning of Rule 18 of the Patent Cooperation Treaty, is a national and resident of a state in which a validation agreement with the European Patent Organisation is in force.
4. Currently, the following states fall under the second category: Morocco (MA), the Republic of Moldova (MD), Tunisia (TN) and Cambodia (KH).
5. The present notice enters into force on 1 April 2020. The reduction of the international search fee applies to all international applications filed on or after 1 April 2020. The reduction of the supplementary international search fee or the international preliminary examination fee applies in respect of payments made on or after 1 April 2020.
ANNEX I
States classified as low-income and lower-middle-income economies by the World Bank (as of 1 July 2019) (in bold: PCT contracting states)
AF Afghanistan
AO Angola
BD Bangladesh
BF Burkina Faso
BI Burundi
BJ Benin
BO Bolivia
BT Bhutan
CD Congo, Dem. Rep
CF Central African Republic
CG Congo
CI Côte d'Ivoire
CM Cameroon
CV Cape Verde
DJ Djibouti
EG Egypt
ER Eritrea
ET Ethiopia
FM Micronesia Fed. States
GH Ghana
GM Gambia
GN Guinea
GW Guinea-Bissau
HN Honduras
HT Haiti
ID Indonesia
IN India
KE Kenya
KG Kyrgyzstan
KH Cambodia
KI Kiribati
KM Comoros
KP DPR of Korea
LA Lao PDR
LR Liberia
LS Lesotho
MA Morocco
MD Rep. of Moldova
MG Madagascar
MM Myanmar
ML Mali
MN Mongolia
MR Mauritania
MW Malawi
MZ Mozambique
NE Niger
NG Nigeria
NI Nicaragua
NP Nepal
PG Papua New Guinea
PH Philippines
PK Pakistan
RW Rwanda
SB Solomon Islands
SD Sudan
SL Sierra Leone
SN Senegal
SO Somalia
SS South Sudan
ST Sao Tomé & Principe
SV El Salvador
SY Syrian Arab Republic
SZ Eswatini
TD Chad
TG Togo
TJ Tajikistan
TL Timor-Leste
TN Tunisia
TZ United Rep. of Tanzania
UA Ukraine
UG Uganda
UZ Uzbekistan
VN Vietnam
VU Vanuatu
YE Yemen
ZM Zambia
ZW Zimbabwe
[ 1 ] CA/D 13/19 of 12.12.2019, OJ EPO 2020, A4.
Source: http://www.epo.org/law-practice/legal-texts/official-journal/2020/02/a18.html
Date retrieved: 19 May 2021