Article 37
EUROPEAN PATENT OFFICE
Fees
Guidance for the payment of fees, expenses and prices applicable as from 1 April 20141
I. Applicable version of the Rules relating to Fees and the Schedule of Fees
The Rules relating to Fees in the version applicable as from 1 April 2014 are set out in supplementary publication 3, OJ EPO 2014. The amounts applicable as from 1 April 2014 were fixed by decision of the Administrative Council of 13 October 2013 (CA/D 14/13, OJ EPO 2014, A5).
The current schedule of fees and expenses of the EPO (status 1 April 2014) is set out in supplementary publication 3, OJ EPO 2014.
II. Important implementing rules to the Rules relating to Fees
Decision of the President of the European Patent Office dated 13 December 2013 revising the Office's fees and expenses: OJ EPO 2014, A13.
Arrangements for deposit accounts including Arrangements for the automatic debiting procedure and Arrangements for online fee payment via Online services: supplementary publication 4, OJ EPO 2014.
Notice from the European Patent Office dated 30 March 2009 on setting up and cancelling automatic debit orders via online fee payment: OJ EPO 2009, 238.
Decision of the President of the European Patent Office dated 25 March 1999 concerning the carrying out of international-type searches and the setting of a new fee for such searches: OJ EPO 1999, 300; revised amount: decision of the President of the European Patent Office 13 December 2013, point 2.2.1 (OJ EPO 2014, A13).
Decision of the President of the European Patent Office dated 30 January 2013 concerning the payment of fees and expenses charged by the Information Office and the Electronic Library in Munich: OJ EPO 2013, 90.
Notice from the European Patent Office concerning improvements to EPO customer services: OJ EPO 2013, 91.
III. Payment and refund of fees and expenses
When filed on paper, it is mandatory to accompany the payments with the most up-to-date version of the EPO form for the payment of fees and expenses (EPO 1010). The latest version is that of April 2014. The form can be downloaded from the EPO website. Paper copies are obtainable free of charge from the EPO.
Alternatively, holders of deposit accounts with the EPO can pay fees by automatic debit or by online fee payment (see point 2 above).
Refund of search fees: decision of the President of the European Patent Office dated 21 February 2014 concerning the refund of search fees under Article 9(2) RFees: OJ EPO 2014, A29; decision of the President of the European Patent Office dated 21 February 2014 concerning the refund of search fees by the EPO acting as ISA: OJ EPO 2014, A30. Notice from the European Patent Office dated 9 January 2009 concerning the criteria for refund of the search fees: OJ EPO 2009, 99.
Notice from the European Patent Office dated 29 January 2013 concerning adjustments to the system for search and examination fee refunds (Article 9(1) and 11(b) of the Rules relating to Fees): OJ EPO 2013, 153.
Paying renewal fees for European patent applications and patents: OJ EPO 1984, 272.
Calculation of aggregate time limits: OJ EPO 1993, 229.
Payment of extension fees: (BA) OJ EPO 2004, 619; re-introduction of grace period for payment: OJ EPO 2009, 603; (ME) OJ EPO 2010, 10.
Abolition of payment by cheque: OJ EPO 2007, 626.
A list of bank accounts opened in the name of the European Patent Organisation is published on the website of the EPO:
http://ww.epo.org/applying/forms-fees/payment.html
Bank accounts of the European Patent Organisation: information about the closure of euro accounts of the European Patent Organisation, OJ EPO 2013, 575
IV. Other notices concerning fees and prices
Claims incurring fees where the application includes more than one set of claims: OJ EPO 1985, 347.
Notice dated 1 October 2001 concerning the introduction of the euro: OJ EPO 2001, 524.
Notice dated 10 February 2014 concerning search and examination fees: OJ EPO 2014, A31.
Notice from the EPO dated 26 January 2009 concerning the 2009 fee structure: OJ EPO 2009, 118; notice supplementing the notice from the European Patent Office dated 26 January 2009 concerning the 2009 fee structure: OJ EPO 2009, 338.
V. Information concerning Euro-PCT applications (EPO as designated or elected Office)
Fee for a supplementary European search waived where the international search report or a supplementary international search report was drawn up by the EPO: CA/D 11/09, OJ EPO 2009, 594.
Reduction of the fee for a supplementary European search where the international search report was drawn up by the Austrian Patent Office, the National Patents and Registration Board of Finland, the Swedish Patent and Registration Office, the Spanish Patent and Trademark Office or the Nordic Patent Institute: CA/D 14/13 (Article 2), OJ EPO 2014, A5.
Reduction of the fee for a supplementary European search where the international search report was drawn up by the United States Patent and Trademark Office (USPTO), the Japan Patent Office, the Federal Service for Intellectual Property, Patents and Trademarks (Russian Federation), the Australian Patent Office, the State Intellectual Property Office of the People's Republic of China (SIPO) or the Korean Intellectual Property Office: OJ EPO 2005, 548.
Reduction of the examination fee where the international preliminary examination report was drawn up by the EPO: OJ EPO 2012, 212, point 4.
Guide for applicants – Part 2: PCT procedure before the EPO – "Euro-PCT Guide", chapter E (6th edition, October 2012).
VI. Guidance for international applications (EPO as receiving Office, International Searching Authority or International Preliminary Examining Authority)
Fees for international applications: last equivalent amounts applicable as from 1.1.2014, OJ EPO 2013, 631.
Fees and reductions under the PCT:
www.wipo.int/pct/en/fees/index.html
Reduction of the fees for the international search and preliminary examination carried out on an international application in favour of the nationals of certain states: OJ EPO 2008, 521.
Late payment fee under Rule 16bis.2 PCT: OJ EPO 1992, 383.
Late payment fee under Rule 58bis.2 PCT: OJ EPO 1998, 282.
Changes in respect of PCT applications filed as of 1 January 2004: OJ EPO 2003, 574.
Refund of international search fees: decision of the President of the European Patent Office dated 21 February 2014 concerning the refund of search fees by the EPO acting as ISA: OJ EPO 2014, A30.
Fee for the late furnishing of sequence listings under Rule 13ter.1(c) and Rule 13ter.2 PCT: see Article 4 of decision of 28 April 2011: OJ EPO 2011, 372. Revised amount: decision of the President of the European Patent Office dated 12 December 2013, point 2.2.2 (OJ EPO 2014, A13).
Guide for applicants – Part 2: PCT procedure before the EPO – "Euro-PCT Guide", chapter A-D (6th edition, October 2012).
Important fees for European patent applications (as of 1.4.2014)
Code | Fees | EUR |
|---|---|---|
|
Filing fee |
|
001 |
|
120.00 |
001 |
|
210.00 |
501 |
Additional fee2 for a European patent application comprising more than 35 pages (not counting pages forming part of a sequence listing) |
15.00 |
|
Additional fee3 in the case of a divisional application |
|
552 |
|
210.00 |
553 |
|
420.00 |
554 |
|
630.00 |
555 |
|
840.00 |
|
Search fee |
|
002 |
|
875.00 |
002 |
|
1 285.00 |
005 |
Designation fee for one or more contracting states designated in respect of European patent applications filed on or after 1 April 2009 and international applications having entered the European phase on or after that date |
580.00 |
BA |
Extension fee for each "extension state"5 |
102.00 |
|
Claims fee in respect of European patent applications filed on or after 1 April 2009 and international applications having entered the European phase on or after that date |
|
0156 |
|
235.00
|
0166 |
|
580.00 |
055 |
Flat-rate fee for an additional copy of the documents cited in the European search report |
40.00 |
|
Examination fee |
|
006 |
|
1 805.00 |
006 |
|
1 620.00 |
006 |
|
1 805.00 |
007 |
Fee for grant, including fee for publication of the European patent specification, in respect of European patent applications filed on or after 1 April 2009 and international applications having entered the European phase on or after that date |
915.00* |
010 |
Opposition fee |
775.00 |
131 |
Limitation fee |
1 155.00 |
141 |
Revocation fee |
520.00 |
011 |
Fee for appeal |
1 860.00 |
111 |
Fee for petition for review |
2 880.00 |
|
Fee for further processing |
|
123 |
|
50% of the relevant fee |
121 |
|
250.00 |
122 |
|
250.00 |
013 |
Fee for re-establishment of right of priority |
635.00 |
067 |
Fee for late furnishing of a sequence listing |
230.00 |
|
Renewal fees for the European patent application |
|
033 |
for the 3rd year |
465.00 |
034 |
for the 4th year |
580.00 |
035 |
for the 5th year |
810.00 |
036 |
for the 6th year |
1 040.00 |
037 |
for the 7th year |
1 155.00 |
038 |
for the 8th year |
1 265.00 |
039 |
for the 9th year |
1 380.00 |
040-050 |
for the 10th and each subsequent year |
1 560.00 |
|
Specific fees in respect of European patent applications filed before 1 April 2009 and international applications having entered the regional phase before that date – Article 2(2) RFees |
|
005 |
Designation fee for each contracting state designated, designation fees being deemed paid for all contracting states upon payment of seven times the amount of this fee |
100.00 |
005 |
Joint designation fee for the Swiss Confederation and the Principality of Liechtenstein |
100.00 |
|
Fee for grant, including fee for printing the European patent specification, where the application documents to be printed comprise: |
|
007 |
|
915.00 |
008 |
|
15.00 |
015 |
Claims fee for the sixteenth and each subsequent claim |
235.00 |
Fees for international applications (as of 1.4.2014)
Code | EPO receiving Office | EUR |
|---|---|---|
019 |
Transmittal fee |
130.00 |
003 |
Search fee |
1 875.00 |
225 |
International filing fee |
1 084.007 |
222 |
Supplement for each sheet in excess of 30 sheets |
12.007 |
318 |
PCT reduction for filing in electronic form |
163.007 244.007 |
029 |
Issue of a certified copy of a European patent application or an international application (priority document) |
50.00 |
063 |
Late payment fee |
50% of the unpaid fee(s) but not to exceed 542.00 |
013 |
Fee for requesting restoration of right of priority |
635.00 |
Code | EPO International Searching Authority; Supplementary International Searching Authority | EUR |
|---|---|---|
003 |
Additional search fee |
1 875.00 |
|
Fee for a supplementary international search |
1 875.009
|
066 |
Fee for the late furnishing of sequence listings |
230.00 |
062 |
Protest fee |
865.00 |
069 |
Review fee (R. 45bis.6(c) PCT) relating to a supplementary international search |
865.00 |
|
Supplementary search handling fee |
CHF 200.009 |
|
Late payment fee relating to a supplementary international search |
50%9 of the supplementary search handling fee |
|
Cost of copies |
0.80 |
Code | EPO International Preliminary Examining Authority | EUR |
|---|---|---|
224 |
Handling fee |
163.0010 |
021 |
Fee for preliminary examination |
1 930.00 |
064 |
Late payment fee11 |
50% of the unpaid fee(s) but not to exceed 326.00 |
066 |
Fee for the late furnishing of sequence listings |
230.00 |
062 |
Protest fee |
865.00 |
|
Cost of copies |
0.80 |
Fees payable to the EPO for international applications upon entry into the "regional phase" (Euro-PCT applications) 12 (as of 1.4.2014)
Code |
| EUR |
|---|---|---|
|
Filing fee |
|
020 |
|
120.00 |
020 |
|
210.00 |
520 |
Additional fee for a European patent application comprising more than 35 pages (not counting pages forming part of a sequence listing) |
15.00 |
|
Designation fee |
|
|
Extension fee for each "extension state" |
|
|
Claims fee |
|
|
Search fee13 |
|
|
Examination fee14 |
|
|
Flat-rate fee for an additional copy of the documents cited in the supplementary European search report |
|
|
Amounts as indicated for European patent applications in the foregoing text |
|
033 |
Renewal fee for the 3rd year, calculated from the date of filing |
465.00 |
013 |
Fee for requesting restoration of right of priority |
635.00 |
013 |
Fee for reinstatement of rights |
635.00 |
* Editorial note: the amount of the fee for grant initially published was incorrect and has been corrected by the amount of 915 EUR instead of 815 EUR.
1 Amendments and additions to the fees guidance published in OJ EPO 3/2012 are indicated in bold.
2 The additional fee applies to European patent applications filed on or after 1 April 2009.
3 The additional fee applies to divisional applications filed on or after 1 April 2014.
4 The amount of EUR 875 applies to a supplementary European search on an international application filed before 1 July 2005 (Art. 2(1) item 2 RFees); for European applications filed before 1 July 2005 the normal time limit for payment of the search fee has already expired. That amount also applies to the further search fee within the meaning of Rule 64(1) EPC, provided the relevant application was filed before 1 July 2005.
5 The extension fee is payable where the applicant wishes to extend the European patent to non-contracting states which provide for extension: BA, ME.
6 Code 015: claims fee according to Rule 45(1) and Rule 162(1) EPC;
Code 016: claims fee according to Rule 71(4) EPC.
7 Fee fixed by WIPO: applicants should double-check the latest amount on the WIPO website.
9 This fee must be paid in CHF to the IB.
10 Fee fixed by WIPO: applicants should double-check the latest amount on the WIPO website.
12 See Article 153(2) EPC and Rules 159, 162; for further details, see Guide for applicants – Part 2: PCT procedure before the EPO – "Euro-PCT Guide", chapter E - 6th edition, October 2012. The European application number should be indicated when payments are being made; this number will be communicated to the applicant by the EPO subsequent to publication of the international application at the latest and will be published in the European Patent Bulletin under Section I.2(1). If that number is not yet known to the applicant at the time of payment, he may indicate the PCT filing or publication number.
13 No fee for a supplementary European search is payable when the international search report or a supplementary international search report has been drawn up by the EPO. For international applications filed on or after 1 July 2005 for which the international search report or a supplementary international search report was drawn up by the Austrian Patent Office, by the Spanish Patent and Trademark Office, by the Swedish Patent and Registration Office, by the National Board of Patents and Registration of Finland or by the Nordic Patent Institute, the fee for a supplementary European search is reduced by EUR 1 100 if it is paid on or after 1 April 2014. Furthermore, the search fee for a supplementary European search is reduced for international applications on which an international search report has been drawn up by the United States Patent and Trademark Office (USPTO), the Japan Patent Office, the Federal Service for Intellectual Property, Patents and Trademarks (Russian Federation), the Australian Patent Office, the State Intellectual Property Office of the People's Republic of China (SIPO) or the Korean Intellectual Property Office. For applications filed on or after 1 July 2005, the search fee for a supplementary European search is reduced by EUR 190.
14 See Rule 159 (1)(f) EPC regarding the period for payment of the examination fee, as well as the Guide for applicants, as mentioned under footnote 1. The examination fee is reduced by 50% if the EPO drew up an international preliminary examination report (IPER) pursuant to Rule 70 PCT (Article 14(2), first sentence, RFees).