Schedule of fees and expenses applicable as from 1 April 2014

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 13 December 2013[ 1 ]

THE ADMINISTRATIVE COUNCIL OF THE EUROPEAN PATENT ORGANISATION,

HAVING REGARD to the European Patent Convention and in particular Article 33, paragraph 2(d), thereof,

HAS ADOPTED THE FOLLOWING RULES RELATING TO FEES:

Article 1

General

The following shall be levied in accordance with the provisions contained in these Rules: 

(a) fees due to be paid to the European Patent Office (hereinafter referred to as the Office) as provided for in the Convention and in the Implementing Regulations and the fees and expenses which the President of the Office lays down pursuant to Article 3, paragraph 1 RFees;

(b) fees and expenses pursuant to the Patent Cooperation Treaty (hereinafter referred to as the PCT), the amounts of which may be fixed by the Office. 

Article 2[ 2 ]

Fees provided for in the Convention and in the Implementing Regulations

(1) The fees due to be paid to the Office under Article 1, unless otherwise provided in paragraph 2, shall be as follows:

Code

 

EUR

 

1. [ 3 ] Filing fee

 

 

(Article 78, paragraph 2) where

 

001
(020)

  • 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

120

001
(020)

  • 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

 

1a. [ 4 ] Additional fee

 

501
(520)

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

 

 

1b. [ 5 ] 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)

 

552

  • fee for a divisional application of second generation

210

553

  • fee for a divisional application of third generation

420

554

  • fee for a divisional application of fourth generation

630

555

  • fee for a divisional application of fifth or any subsequent generation

840

 

2. Search fee in respect of

 

002

  • 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[ 6 ], paragraphs 1 and 2)

1 285

002

  • 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)

875

003

1 875[ 7 ]

 

875[ 8 ]

 

3. [ 9 ] Designation fee

 

005

for one or more Contracting States (Article 79, paragraph 2) in respect of an application filed on or after 1 April 2009

580

 

4. Renewal fees

 

 

For the European patent application (Article 86 Paragraph 1), calculated in each case from the date of filing of the application

 

033

  • for the 3rd year

465

034

  • for the 4th year

580

035

  • for the 5th year

810

036

  • for the 6th year

1 040

037

  • for the 7th year

1 155

038

  • for the 8th year

1 265

039

  • for the 9th year

1 380

040 - 050

  • for the 10th and each subsequent year

1 560

 

5. Additional fee

 

093 - 110

for belated payment of a renewal fee for the European patent application (Rule 51, paragraph 2)

 

 

50% of the belated renewal fee

 

 

6. Examination fee

 

 

(Article 94, paragraph 1) in respect of

 

006

  • an application filed before 1July 2005

1 805

006

  • an application filed on or after 1 July 2005

1 620

006

  • an international application filed on or after 1 July 2005 for which no supplementary European search report is drawn up (Article 153, paragraph 7)

1 805

 

7. [ 10 ] Fee for grant

 

007

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

915

 

8. [ 11 ] Fee for publishing

 

009

a new specification of the European patent (Rule 82, paragraph 2, Rule 95, paragraph 3)

75

 

9. Surcharge

 

056

for late performance of the acts required to maintain the European patent in amended form (Rule 82, paragraph 3, Rule 95, paragraph 3)

120

010

10. Opposition fee

 

 

(Article 99, paragraph 1, Article 105, paragraph 2)

775

 

10a. Limitation or revocation fee

 

 

(Article 105a, paragraph 1)

 

131

  • request for limitation

1 155

141

  • request for revocation

520

011

11. Fee for appeal[ 12 ]

 

 

(Article 108)

1 860

111

11a. Fee for petition for review

 

 

(Article 112a, paragraph 4)

2 880

 

12. Fee for further processing

 

 

(Rule 135, paragraph 1)

 

123

  • in the event of late payment of a fee

 

 

50% of the relevant fee

 

121

  • in the event of late performance of the acts required under Rule 71, paragraph 3

250

122

  • other cases

250

 

13. [ 13 ] Fee for re-establishment of rights/fee for requesting restoration/fee for reinstatement of rights

 

013

(Rule 136, paragraph 1, Rule 26bis.3(d) PCT, Rule 49ter.2(d) PCT, Rule 49.6(d)(i) PCT)

635

014

14. Conversion fee

 

 

(Article 135, paragraph 3, Article 140)

75

067

14a. Fee for late furnishing of a sequence listing

 

 

(Rule 30, paragraph 3)

230

 

15. [ 14 ] Claims fee

 

 

(Rule 45, paragraph 1, Rule 71, paragraph 4 , Rule 162, paragraph 1) in respect of an application filed on or after 1 April 2009

 

015
016[ 15 ]

  • for the 16th and each subsequent claim up to the limit of 50

235

015
016[ 16 ]

  • for the 51st and each subsequent claim

580

017

16. Fee for the awarding of costs

 

 

(Rule 88, paragraph 3)

75

018

17. Fee for the conservation of evidence

 

 

(Rule 123, paragraph 3)

75

019

18. Transmittal fee for an international application

 

 

(Rule 157, paragraph 4)

130

021

19. Fee for the preliminary examination of an international application

 

 

Rule 58 PCT and Rule 158, paragraph 2) [ 17 ]

1 930

060

20. Fee for a technical opinion

 

 

(Article 25)

3 860

062

21. [ 18 ] Protest fee

 

 

(Rule 158, paragraph 3, Rule 40.2(e) PCT, Rule 68.3(e) PCT)

865

029

22. [ 19 ] Review fee

 

 

(Rule 45bis.6(c) PCT)

865

 

 

 

 

(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, item 3a, item 7 and item 15 of the Rules relating to Fees as in force until 31 March 2009 shall be as follows:

Code

 

EUR

 

3. Designation fee

 

005

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

 

3a. Joint designation fee

 

005

for the Swiss Confederation and the Principality of Liechtenstein

100

 

7. Fee for grant

 

 

including fee for printing the European patent specification (Rule 71, paragraph 3), where the application documents to be printed comprise:

 

007

7.1 not more than 35 pages

915

008

7.2 more than 35 pages

915

 

plus EUR 15 for the 36th and each subsequent page

 

 

15. Claims fee

 

015
016

for the sixteenth and each subsequent claim (Rule 45, paragraph 1, Rule 71, paragraph 4, Rule 162, paragraph 1).

235

 

Article 3[ 21 ]

Fees, expenses and prices laid down by the President of the Office

(1) The President of the Office shall lay down the amount of the administrative fees provided for in the Implementing Regulations and, where appropriate, the amount of the fees and expenses for any services rendered by the Office other than those specified in Article 2.

(2) He shall also lay down the prices of the publications referred to in Articles 93, 98, 103 and 129 of the Convention. 

(3) The amounts of the fees provided for in Article 2 and of the fees and expenses laid down in accordance with paragraph 1 shall be published in the Official Journal and on the website of the European Patent Office.

Article 4

Due date for fees 

(1) Fees in respect of which the due date is not specified in the provisions of the Convention or of the PCT or of the Implementing Regulations thereto shall be due on the date of receipt of the request for the service incurring the fee concerned.

(2) The President of the Office may decide not to make services within the meaning of paragraph 1 dependent upon the advance payment of the corresponding fee.

Article 5[ 22 ]

Payment of fees

(1) The fees due to the Office shall be paid in euro by payment or transfer to a bank account held by the Office.

(2) [ 23 ] The President of the Office may allow other methods of paying fees than those set out in paragraph 1.

Article 6

Particulars concerning payments

(1) Every payment must indicate the name of the person making the payment and must contain the necessary particulars to enable the Office to establish immediately the purpose of the payment.

(2) If the purpose of the payment cannot immediately be established, the Office shall require the person making the payment to notify it in writing of this purpose within such period as it may specify. If he does not comply with this request in due time the payment shall be considered not to have been made.

Article 7[ 24 ]

Date to be considered as the date on which payment is made

(1) The date on which any payment shall be considered to have been made to the Office shall be the date on which the amount of the payment or of the transfer is actually entered in a bank account held by the Office.

(2) Where the President of the Office allows, in accordance with the provisions of Article 5, paragraph 2, other methods of paying fees than those set out in Article 5, paragraph 1, he shall also lay down the date on which such payments shall be considered to have been made.

(3) Where, under the provisions of paragraphs 1 and 2, payment of a fee is not considered to have been made until after the expiry of the period in which it should have been made, it shall be considered that this period has been observed if evidence is provided to the Office that the person who made the payment

(a) fulfilled one of the following conditions in a Contracting State within the period within which the payment should have been made: 

(i) he effected the payment through a banking establishment;

(ii) he duly gave an order to a banking establishment to transfer the amount of the payment; and

(b) paid a surcharge of 10% on the relevant fee or fees, but not exceeding EUR 150; no surcharge is payable if a condition according to sub-paragraph (a) has been fulfilled not later than ten days before the expiry of the period for payment.

(4) The Office may request the person who made the payment to produce evidence as to the date on which a condition according to paragraph 3(a) was fulfilled and, where required, pay the surcharge referred to in paragraph 3(b), within a period to be specified by it. If he fails to comply with this request or if the evidence is insufficient, or if the required surcharge is not paid in due time, the period for payment shall be considered not to have been observed.

Article 8[ 25 ]

Insufficiency of the amount paid

A time limit for payment shall in principle be deemed to have been observed only if the full amount of the fee has been paid in due time. If the fee is not paid in full, the amount which has been paid shall be refunded after the period for payment has expired. The Office may, however, in so far as this is possible within the time remaining before the end of the period, give the person making the payment the opportunity to pay the amount lacking. It may also, where this is considered justified, overlook any small amounts lacking without prejudice to the rights of the person making the payment.

Article 9

Refund of search fees

(1) [ 26 ] The search fee paid for a European or supplementary European search shall be fully refunded if the European patent application is withdrawn or refused or deemed to be withdrawn at a time when the Office has not yet begun to draw up the search report.

(2) [ 27 ] Where the European search report is based on an earlier search report prepared by the Office on an application whose priority is claimed or an earlier application within the meaning of Article 76 of the Convention or of Rule 17 of the Convention, the Office shall refund to the applicant, in accordance with a decision of its President, an amount which shall depend on the type of earlier search and the extent to which the Office benefits from the earlier search report when carrying out the subsequent search.

Article 10

Refund of the fee for a technical opinion

An amount of 75% of the fee for a technical opinion under Article 25 of the Convention shall be refunded if the request for a technical opinion is withdrawn at a time when the Office has not yet begun to draw up the technical opinion.

Article 11[ 28 ]

Refund of examination fee

The examination fee provided for in Article 94, paragraph 1, of the Convention shall be refunded:

(a) in full if the European patent application is withdrawn, refused or deemed to be withdrawn before the Examining Divisions have assumed responsibility;

(b) at a rate of 75% if the European patent application is withdrawn, refused or deemed to be withdrawn after the Examining Divisions have assumed responsibility but before substantive examination has begun.

Article 12[ 29 ]

Refund of insignificant amounts

Where too large a sum is paid to cover a fee, the excess shall not be refunded if the amount is insignificant and the party concerned has not expressly requested a refund. The President of the Office shall determine what constitutes an insignificant amount.

Article 13[ 30 ]

Termination of financial obligations

(1) Rights of the Organisation to the payment of a fee to the European Patent Office shall be extinguished after four years from the end of the calendar year in which the fee was due.

(2) Rights against the Organisation for the refunding by the European Patent Office of fees or sums of money paid in excess of a fee shall be extinguished after four years from the end of the calendar year in which the right arose.

(3) The period laid down in paragraphs 1 and 2 shall be interrupted in the case covered by paragraph 1 by a request for payment of the fee and in the case covered by paragraph 2 by a reasoned claim in writing. On interruption it shall begin again immediately and shall end at the latest six years after the end of the year in which it originally began, unless, in the meantime, judicial proceedings to enforce the right have begun; in this case the period shall end at the earliest one year after the judgment enters into force.

(4) The President of the European Patent Office may waive action for the enforced recovery of any sum due if the sum to be recovered is minimal or if such recovery is too uncertain.

Article 14

Reduction of fees

(1) [ 31 ] The reduction laid down in Rule 6, paragraph 3, of the Convention shall be 30% of the filing fee or examination fee.

(2) Where the European Patent Office has drawn up an international preliminary examination report, the examination fee shall be reduced by 50%. If the report was established on certain parts of the international application in accordance with Article 34, paragraph 3(c), PCT, the fee shall not be reduced if subject-matter not covered by the report is to be examined.

Article 15

Entry into force

These Rules shall enter into force on 20 October 1977. [ 32 ]

DONE at Munich, 20 October 1977 

For the Administrative Council

The Chairman 

 

[ 1 ] Consolidated version of the Rules relating to Fees (RFees) applicable as from 1 April 2014.

[ 2 ] Last amended by decision of the Administrative Council CA/D 14/13 of 13.12.2013 (OJ EPO 2014, A5), entered into force on 1.4.2014.

[ 3 ] Amended by decision of the Administrative Council CA/D 5/08 of 9.12.2008 (OJ EPO 2009, 7), entered into force on 1.4.2009.

[ 4 ] 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 9.12.2008 (OJ EPO 2009, 7), entered into force on 1.4.2009. See also notice from the EPO dated 26.1.2009 concerning the 2009 fee structure (OJ EPO 2009, 118 and 2009, 338).

[ 5 ] Inserted by decision of the Administrative Council CA/D 14/13 of 13.12.2013 (OJ EPO 2014, A5) entered into force on 1.4.2014.

[ 6 ] Inserted by decision of the Administrative Council CA/D 14/13 of 13.12.2013 (OJ EPO 2014, A5), will enter into force on 1.11.2014

[ 7 ] 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).

[ 8 ] Inserted by decision of the Administrative Council CA/D 10/09 of 28.10.2009 (OJ EPO 2009, 593), entered into force on 1.7.2010.

[ 9 ] Amended by decision of the Administrative Council CA/D 15/07 of 14.12.2007 (OJ EPO 2008, 10), entered into force on 1.4.2009. See also notice from the EPO dated 26.1.2009 concerning the 2009 fee structure (OJ EPO 2009, 118).

[ 10 ] Amended by decision of the Administrative Council CA/D 15/07 of 14.12.2007 (OJ EPO 2008, 10), entered into force on 1.4.2009. See also notice from the EPO dated 26.1.2009 concerning the 2009 fee structure (OJ EPO 2009, 118).

[ 11 ] Amended by decision of the Administrative Council CA/D 15/07 of 14.12.2007 (OJ EPO 2008, 10), entered into force on 1.4.2009.

[ 12 ] 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 1.4.2014.

[ 13 ] 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.

[ 14 ] Amended by decision of the Administrative Council CA/D 15/07 of 14.12.2007 (OJ EPO 2008, 10), entered into force on 1.4.2009. See also notice from the EPO dated 26.01.2009 concerning the 2009 fee structure (OJ EPO 2009, 118).

[ 15 ] Code 015: Claims fee according to Rule 45(1) and Rule 162(1) EPC.
Code 016: Claims fee according to Rule 71(4) EPC.

[ 16 ] Code 015: Claims fee according to Rule 45(1) and Rule 162(1) EPC.
Code 016: Claims fee according to Rule 71(4) EPC.

[ 17 ] 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).

[ 18 ] Amended by decision of the Administrative Council CA/D 6/11 of 27.10.2011 (OJ EPO 2011, 616), entered into force on 1.4.2012.

[ 19 ] Inserted by decision of the Administrative Council CA/D 10/09 of 28.10.2009 (OJ EPO 2009, 593), entered into force on 1.7.2010.

[ 20 ] Inserted by decision of the Administrative Council CA/D 19/09 of 28.10.2009 (OJ EPO 2009, 587), entered into force on 1.4.2010.

[ 21 ] See the decision of the President of the EPO dated 13.12.2013 revising the Office's fees and expenses (OJ EPO 2014, A13) and the decision of the President of the EPO dated 2.2.2012 revising the basic fee for the European qualifying examination (OJ EPO 2012, 210).

[ 22 ] Amended by decision of the Administrative Council CA/D 17/07 of 25.10.2007 (OJ EPO 2007, 533), and in particular by its Article 1, point 2; entered into force on 1.4.2008.

[ 23 ] See the Arrangements for deposit accounts valid as of 1.4.2014 (supplementary publication 4, OJ EPO 2014).

[ 24 ] Amended by decision of the Administrative Council CA/D 17/07 of 25.10.2007 (OJ EPO 2007, 533), and in particular by its Article 1, point 3; entered into force on 1.4.2008.

[ 25 ] Amended by decision of the Administrative Council CA/D 5/08 of 9.12.2008 (OJ EPO 2009, 7), entered into force on 1.4.2009.

[ 26 ] See notice from the EPO dated 29.1.2013 concerning adjustments to the system for search and examination fee refunds (Articles 9(1) and 11(b) of the Rules relating to Fees) following decisions J 25/10 and J 9/10 of the Legal Board of Appeal (OJ EPO 2013, 153).

[ 27 ] See decision of the President of the EPO on the refund of search fees dated 21 February 2014 (OJ EPO 2014, A29), and the notice from the EPO dated 9.1.2009 concerning the criteria for the refund of search fees (OJ EPO 2009, 99), as well as the decision of the President of the EPO dated 21 February 2014 concerning the refund of the international search fee by the EPO acting as International Searching Authority (OJ EPO 2014, A30).

[ 28 ] See notice from the EPO dated 29.1.2013 concerning adjustments to the system for search and examination fee refunds (Articles 9(1) and 11(b) of the Rules relating to Fees) following decisions J 25/10 and J 9/10 of the Legal Board of Appeal (OJ EPO 2013, 153).

[ 29 ] See decision of the President of the EPO dated 14.7.2007 implementing Article 12 RFees, Special edition No. 3, OJ EPO 2007, M.3.

[ 30 ] Amended by decision of the Administrative Council CA/D 17/07 of 25.10.2007 (OJ EPO 2007, 533), and in particular by its Article 1, point 4; entered into force on 13.12.2007.

[ 31 ] Amended by decision of the Administrative Council CA/D 19/13 of 13.12.2013 (OJ EPO 2014, A4), entered into force on 1.4.2014, see also the notice from the EPO dated 10.1.2014 concerning amended Rule 6 EPC and Article 14(1) RFees (OJ EPO 2014, A23).

[ 32 ] Amended by decision of the Administrative Council of 7 December 2006 (CA/D 11/06).

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