9.3.2 9.2.2 Reduction of the filing fee

On filing a European patent application, the presence of a description is necessary for the accordance of a date of filing date (Rule 40(1)(c)). The description, therefore, needs to be in an admissible non‑EPO language to qualify for the fee reduction (not the request for grant, for example; see J 4/88).

Consequently, the filing fee is reduced if the European patent application (i.e. at least the description) is filed in an admissible non‑EPO language and the applicant satisfies the eligibility criteria mentioned in A‑X, 9.2.1 A‑X, 9.3.1.

Where the application is filed by reference to a previously filed application (see A‑II, 4.1.3.1), and the previously filed application referred to is in an admissible non‑EPO language, and the applicant satisfies the eligibility criteria mentioned in A‑X, 9.2.1 A‑X, 9.3.1, then the applicant is also entitled to the reduction in the filing fee. For the purposes of the reduction, it does not matter whether the applicant requested that the claims of the previously filed application take the place of the claims in the application as filed (see above).

The reduction of the filing fee is also applicable to divisional applications if the parent application was filed in an admissible non‑EPO language (see A‑IV, 1.3.3 and A‑X, 9.2.1 A‑X, 9.3.1) and the divisional application is filed in the same admissible non‑EPO language as the earlier application (Rules 36(2) and Rule 7a(1) Rule 6(3)), provided that the other requirements for the reduction are met (see above and A‑X, 9.3.1) and a translation is filed in time (see A‑X, 9.2.1).

Since the additional fees that are payable if the application either comprises more than 35 pages or is a second- or further generation divisional application form part of the filing fee (see A‑III, 13.2 and A-III, 13.3), the reduction applies also to them.