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Guide for applicants, Part 1: How to get a European patent

 
 
Fees
114
The following fees are payable in respect of a European patent application: 
(a) 
filing fee and any additional fee for the 36th and each subsequent page of the application (see Point 118)
(b) 
search fee 
(c) 
claims fee in respect of the 16th and each subsequent claim (where appropriate) (see points 92, 93)
(d) 
designation fee (see point 152)
(e) 
extension fees (one for each extension state, see point 26)
(f) 
examination fee (see points 152 and 153)
(g) 
renewal fees in respect of the third and each subsequent year (see points 213-218)
115
After filing the application you must pay the filing and search fees (and any claims fees required, where claims were filed together with the application, but see point 92) within one month of the date of filing.
You must pay the designation fee (and any extension fees) within six months of the date on which the European Patent Bulletin mentions publication of the European search report.  
The examination fee is payable within the same period.  
An overview of important deadlines for filing a European patent application, including deadlines for the payment of fees, is contained in Annex VI of this Guide and in Form 1034, obtainable from the EPO or the EPO website at www.epo.org.
116
The EPO will not send you invoices or reminders to pay these fees in due time.
117
If you fail to pay the filing and search fees in due time, your European patent application is deemed to be withdrawn (but see point 225).
If you fail to pay the designation or examination fee in due time, the application is deemed to be withdrawn (but see point 225). If you fail to pay the extension fee in due time, the request for extension to this state is deemed to be withdrawn.
118
An additional fee is payable for European patent applications comprising more than 35 pages. The amount of the additional fee depends on the number of pages over 35 and is calculated on the basis of the pages of the description, claims, any drawings and one page for the abstract, in the language of filing. The language reduction under Rule 6(3) applies. The pages of the request for grant form (EPO Form 1001) are not counted, nor are any pages forming part of a sequence listing, provided that it complies with WIPO Standard ST.25 and is presented as a separate part of the description. The additional fee is payable within one month of the filing date of the application. If the application is filed without claims or by reference to a previously filed application, the additional fee is payable within one month of filing of the first set of claims or the certified copy (see points 137 and 147).
119
In the case of European divisional applications (see points 208-212), you must pay the filing fee, any additional fee and search fees (and any claims fees) within one month of filing. You must pay the examination fee, the designation fees and any extension fees within six months of the date on which the European Patent Bulletin mentions publication of the European search report on the divisional application.
120
You should note that, if you fail to observe the above-mentioned time limits for payment of the filing fee, additional fee, search fee, the designation fee or the examination fee, further processing is available within two months of a communication from the EPO concerning the loss of rights on payment of the outstanding fee and the prescribed fee for further processing (see point 225).
If you fail to pay the extension fee in due time, the request for extension to this state is deemed to be withdrawn. The EPO will not send a communication to that effect. However, the extension fee can still be paid with a 50% surcharge within a period of two months of expiry of the basic period for payment.