Pages 405-408

FEES

Fee reduction 1999

1. On 10 December 1998, the Administrative Council of the European Patent Organisation amended Article 2, Nos. 2 and 3, of the Rules relating to Fees (RFees) with effect from 1 July 19991, reducing the search fees considerably and capping the total payable in respect of designation fees (which will be deemed paid for all contracting states upon payment of seven times the amount of the fee).

2. The fee situation as from 1 July 1999 may be summarised in table form as follows:

3. The new version of Article 2 RFees applies only to European and international applications filed as from 1 July 1999.

4. In other words, the revised search fees and the ceiling on designation fees do not apply to European and international applications filed up to 30 June 1999, even if the time limits for paying them extend beyond that date or if entry into the European phase occurs on or after 1 July 1999. Applicants who, in respect of such applications, pay search or designation fees under the new rules will have to make good the resulting underpayment, supplemented in most cases by surcharges under Rule 85a EPC.

5. There will thus be a lengthy transitional period during which, for all kinds of applications (European, international, Euro-PCT) either the old or the new fees may apply. Both are therefore shown in Section 1, points 2.1 and 2.2, of the schedule of fees applicable from 1 July 1999 (supplement to OJ EPO 5/1999). More information on when the old or the new fees apply is given below.

Search fee for a European patent application

6. For European applications filed up to 30 June 1999, the search fee in force before 1 July 1999 (EUR 869 or the equivalent applicable on the date of payment) is payable. This applies also to further search fees requested under Rule 46(1) EPC.

Search fee for an international application

7. For international applications filed up to 30 June 1999, the search fee in force before 1 July 1999 (EUR 1 124 or the equivalent applicable on the date of payment) is payable. This applies also to search fees requested under Article 17(3)(a) PCT in conjunction with Rule 104a(1) EPC.

Fee for a supplementary European search (Euro-PCT applications)

8. For international applications filed up to 30 June 1999 and for which a supplementary European search report is required, the European search fee in force before 1 July 1999, less 20% (EUR 869 - 20% = EUR 695.20 or the equivalent applicable on the date of payment), is payable. The old fee is also payable where further search fees are requested under Rule 104b(4) EPC.

Designation fees for European patent applications

9. For European applications filed up to 30 June 1999, designation fees are payable for all contracting states which the applicant actually wants his European patent to cover. The ceiling under Article 2, No. 2 RFees as amended does not apply.

Designation fees for Euro-PCT applications

10. For international applications filed up to 30 June 1999, designation fees are payable for all contracting states designated in the international application and which the applicant, on entry into the European phase, actually wants his European patent to cover. The ceiling under Article 2, No. 2 RFees as amended does not apply.

Divisional applications and applications under Article 61(1)(b) EPC

11. For divisional applications (Article 76 EPC) and applications filed under Article 61(1)(b) EPC, the search fee payable is that in force on their date of filing. If the filing date of the earlier application is before 1 July 1999 and the divisional application or the application under Article 61(1)(b) EPC is filed on or after 1 July 1999, then the new, lower search fee (EUR 690) is payable. In such cases, designation fees are payable for those contracting states designated in the later application and which the applicant actually wants his European patent to cover, subject however to the ceiling of seven times the amount of this fee (EUR 532).

For divisional applications or applications under Article 61(1)(b) EPC filed before 1 July 1999, the old search fee (EUR 869) applies, and designation fees are payable for all contracting states which the applicant actually wants his European patent to cover. The ceiling under Article 2, No. 2 RFees as amended does not apply.