European Patent Office

Article 4

Citation: OJ EPO 2020, A4

Online publication date: 31.1.2020

ADMINISTRATIVE COUNCIL

Decision of the Administrative Council of 12 December 2019 concerning the reduction in the fees for the international search and the international preliminary examination carried out on international applications filed by nationals of certain states (CA/D 13/19)

THE ADMINISTRATIVE COUNCIL OF THE EUROPEAN PATENT ORGANISATION,

Having regard to the European Patent Convention and in particular Article 33(2)(d) thereof,

Having regard to the Rules relating to Fees,

On a proposal from the President of the European Patent Office,

Having regard to the opinion of the Budget and Finance Committee,

HAS DECIDED AS FOLLOWS:

Article 1

1. The fees for the international search, for the supplementary international search and for the international preliminary examination carried out on international applications under Article 2, paragraph 1, items 2 and 19, of the Rules relating to Fees shall be reduced by 75% if the international application, the request for supplementary international search or the demand for international preliminary examination is filed:

(a) by a natural person who is a national of and resident in a state which is not a contracting state to the European Patent Convention, and which, on the date of filing of the application, or on the date of payment of the supplementary international search fee or of the international preliminary examination fee, is listed in a table published by the European Patent Office once a year as having been classed by the World Bank as a low-income or lower-middle-income economy; or

(b) by a natural or legal person who, within the meaning of Rule 18 of the Patent Cooperation Treaty, is a national of and resident in a state in which a validation agreement with the European Patent Organisation is in force.

2. If there are several applicants, each must satisfy the criteria set out in paragraph 1.

Article 2

1. This decision shall enter into force on 1 April 2020 and replaces decision CA/D 7/08 of 21 October 2008 (OJ EPO 2008, 521).

2. The reduction in the international search fee shall apply to all international applications filed on or after 1 April 2020.

3. The reduction in the supplementary international search fee or in the international preliminary examination fee shall apply in respect of payments made on or after 1 April 2020.

Done at Munich, 12 December 2019

For the Administrative Council

The Chairman

Josef KRATOCHVÍL