Article 32

EUROPEAN PATENT OFFICE

Fees

Guidance for the payment of fees, expenses and prices applicable as from 1 April 2018¹

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 2018 are set out in supplementary publication 2, OJ EPO 2018. The amounts applicable as from 1 April 2018 were fixed by decision of the Administrative Council of 13 December 2017 (CA/D 17/17, OJ EPO 2018, A4).

The current schedule of fees and expenses of the EPO (status 1 April 2018) is set out in supplementary publication 2, OJ EPO 2018.

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 (no changes in 2018): OJ EPO 2014, A13.

The fees due to the EPO can be paid by:
- deposit account held with the EPO
- credit card, or
- bank transfer

Arrangements for deposit accounts (ADA) including Arrangements for the automatic debiting procedure (AAD): Supplementary publication 5, OJ EPO 2017

Decision of the President of the EPO and the notice from the EPO concerning payment of fees by credit card (OJ EPO 2017, A72 and A73)

Notice from the EPO concerning fee payments via bank transfer (OJ EPO 2017, A100)

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 of 16 December 2015, point 2.2.1 (OJ EPO 2016, A4).

III. Payment and refund of fees and expenses

Holders of deposit accounts with the EPO may only pay fees by an electronic debit order for individual fees or by an automatic debit order (see point II above).

Refund of search fees: decision of the President of the European Patent Office dated 17 November 2017 concerning the refund of search fees under Article 9(2) RFees: OJ EPO 2017, A94; decision of the President of the European Patent Office dated 17 November 2017 concerning the refund of search fees by the EPO acting as ISA: OJ EPO 2017, A95. Notice from the European Patent Office dated 9 January 2009 concerning the criteria for refund of the search fees: OJ EPO 2009, 99.

Refund of the examination fee: notice from the EPO dated 30 June 2016 concerning refunds of the examination fee (Article 11 RFees), OJ EPO 2016, A49.

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; OJ EPO 2018, A2.

Calculation of aggregate time limits: OJ EPO 1993, 229.

Notice from the EPO dated 18 January 2018 concerning the safeguards available under the EPC and the PCT in case of unavailability of means of electronic communication: OJ EPO 2018, A25.

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.

Payment of the validation fee : time limits for paying validation fees OJ EPO 2015, A19; Morocco (MA): OJ EPO 2015, A18; Republic of Moldova (MD): OJ EPO 2015, A84; Tunisia (TN): OJ EPO 2017, A84; Cambodia (KH): OJ EPO 2018, A15.

Abolition of payment by cheque: OJ EPO 2007, 626.

The details of the bank account opened in the name of the European Patent Organisation are published on the website of the EPO:
www.epo.org/applying/forms-fees/payment.html#tab3

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 22 March 2018 concerning search and examination fees: OJ EPO 2018, A26.

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 Spanish Patent and Trademark Office,
• the Finnish Patent and Registration Office,
• the Swedish Patent and Registration Office,
• the Turkish Patent and Trademark Office,
• the Nordic Patent Institute or
• the Visegrad Patent Institute:

CA/D 8/15, OJ EPO 2016, A2, applicable from 1 July 2016 until 31 March 2020 and CA/D 9/17, OJ EPO 2017, A57, applicable from 8 March 2017 until 31 March 2020.

Decision of the Administrative Council of 13 December 2017 abrogating its decision CA/D 10/05 concerning cases where the search fee for the supplementary European search is to be reduced: CA/D 16/17, OJ EPO 2018, A3.
As of 1 April 2018, the reduction of the fee for a supplementary European search no longer applies 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.

Reduction of the examination fee where the international preliminary examination report was drawn up by the EPO: OJ EPO 2018, A26, point 4.

Guide for applicants: PCT procedure at the EPO – "Euro-PCT Guide", chapter E (10th edition, January 2017).

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 January 2018, OJ EPO 2017, A102.

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 17 November 2017 concerning the refund of search fees by the EPO acting as ISA: OJ EPO 2017, A95.

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 13 December 2013, point 2.2.2 (OJ EPO 2014, A13).

Guide for applicants: PCT procedure at the EPO – "Euro-PCT Guide", chapter A-D (10th edition, January 2017).

Important fees for European patent applications (as of 1.4.2018)

Fees for international applications (as of 1.4.2018)

Fees payable to the EPO for international applications upon entry into the "regional phase" (Euro-PCT applications)17 (as of 1.4.2018)