FEES
Fee reduction on 1 July 1997
More time to pay designation fees
1. On 5 December 1996 (see page 12 et seq.), the Administrative Council of the European Patent Organisation amended the European Patent Convention (EPC), its Implementing Regulations and the Rules relating to Fees (RFees) with effect from 1 July 1997.
Fee reduction
2. Substantial reductions are being made in the fees payable to the EPO at the start of the European patent grant procedure - the filing, search and designation fees (Art. 2, items 1 - 3a RFees).
Fee | Now | From 1.7.1997
|
|---|---|---|
Filing fee, national basic fee |
600 |
250 |
Search fee for |
|
|
|
1 900 |
1 700 |
|
2 400 |
2 200 |
Designation fee per contracting state |
350 |
150 |
The extension fee remains unchanged at DEM 200.
3. The new fee rates apply to payments from 1 July 1997. They will also apply to applications filed before that date if the basic period for paying the fee in question (Art. 78(2) and 79(2) EPC, Rules 15(2), 25(2) and 104b(1) EPC, Rule 16.1(f) in conjunction with Rule 15.4(a) PCT) has not expired, and the fee has not been validly paid, before 1 July 1997. The ruling date of payment is that on which the payment pursuant to Art. 8(1) and (2) RFees is considered to have been made to the EPO.
4. The equivalents of the new fees in the other currencies of the contracting states will be laid down in due course.
New time limit for paying designation fees
5. With effect from 1 July 1997, the designation fees for European patent applications are payable within six months of the date on which the European Patent Bulletin mentions the publication of the European search report (Art. 79(2) EPC as amended). The time limit for paying the designation fees will thus in future be the same as that for filing the request for examination (Art. 94(2) EPC) and paying the examination fee. Even if the examination fee is paid early, the designation fees can be paid at any time within the new time limit under Art. 79(2) EPC as amended. Rule 85a EPC remains unaffected.
6. The new time limit for paying the designation fees applies to all European patent applications for which on 1 July 1997 the designation fees in force before that date have not yet been validly paid and the time limit for paying them, under Art. 79(2) EPC as currently worded, has not expired.
7. For paying designation fees for Euro-PCT applications on entry into the European phase before the EPO, the 21- or 31-month time limits as from the filing or priority date (Rule 104b(1) EPC) continue to apply. Art. 79(2) EPC as amended is not applicable.
Further details
8. More information about the 1997 fee reform and its implications will be published in forthcoming issues of the Official Journal.