European Patent Office

Article 34

Citation: OJ EPO 2023, A34

Online publication date: 31.3.2023

EUROPEAN PATENT OFFICE
Fees

Guidance for the payment of fees, expenses and prices applicable as from 1 April 20231

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 2023 are set out in supplementary publication 2, OJ EPO 2023. The amounts applicable as from 1 April 2023 were fixed by decision of the Administrative Council of 14 December 2022 (CA/D 16/22, OJ EPO 2023, A25) in conjunction with decision of the Administrative Council of 12 December 2018 (CA/D 11/18, OJ EPO 2019, A3). See also the notice from the EPO dated 24 January 2019 concerning the application of these fee levels (OJ EPO 2019, A6).

The current schedule of fees and expenses of the EPO (status 1 April 2023) is set out in supplementary publication 2, OJ EPO 2023.

II. Important implementing rules to the Rules relating to Fees

Decision of the President of the EPO dated 17 January 2023 revising the Office's fees and expenses (OJ EPO 2023, A3)

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) and their annexes: supplementary publication 3, OJ EPO 2022

Decision of the President of the EPO dated 22 August 2017 concerning payment of fees by credit card (OJ EPO 2017, A72)

Notice from the EPO dated 16 February 2022 concerning the payment of fees by credit card (OJ EPO 2022, A18)

Notice from the EPO dated 19 July 2022 concerning Central Fee Payment (OJ EPO 2022, A81)

Decision of the President of the EPO dated 7 March 2023 implementing Article 12 of the Rules relating to Fees (OJ EPO 2023, A27)

Decision of the President of the EPO 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 EPO of 17 January 2023 revising the Office's fees and expenses, point 2.2.1 (OJ EPO 2023, A3)

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).

Notice from the EPO dated 20 August 2019 concerning the revised fee refund procedures (OJ EPO 2019, A82)

Refund of search fees:

  • Decision of the President of the EPO dated 17 January 2023 concerning the refund of search fees under Article 9(2) RFees: OJ EPO 2023, A4;
  • Decision of the President of the EPO dated 17 January 2023 concerning the refund of search fees by the EPO acting as ISA: OJ EPO 2023, A5;
  • Notice from the EPO 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 EPO 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 European Patent Office dated 22 October 2020 concerning the procedures and safeguards which apply under the EPC and the PCT in the event of outages of means of electronic filing and other online services OJ EPO 2020, A120

Payment of extension fees: Bosnia and Herzegovina (BA) OJ EPO 2004, 619; re-introduction of grace period for payment: OJ EPO 2009, 603; Montenegro (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 EPO2017,A84; Cambodia (KH): OJ EPO 2018, A15

Abolition of payment by cheque: OJ EPO 2007, 626

Central Fee Payment has been fully deployed and Online Fee Payment decommissioned since 10 September 2022: Notice from the European Patent Office dated 19 July 2022 concerning Central Fee Payment (OJ EPO 2022, A81).

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 from the EPO dated 6 March 2023 concerning search and examination fees: OJ EPO 2023, A28

Notice from the EPO dated 26 January 2009 concerning the 2009 fee structure: OJ EPO 2009, 118; notice supplementing the notice from the EPO 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 Intellectual Property Office,
  • the Turkish Patent and Trademark Office,
  • the Nordic Patent Institute or
  • the Visegrad Patent Institute:

CA/D 16/22, Articles 2 and 4 (OJ EPO 2023, A25) applicable from 1 April 2023 until 31 March 2024

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

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 (15th edition, January 2022)

VI. Guidance for international applications (EPO as receiving Office, International Searching Authority, Supplementary International Searching Authority or International Preliminary Examining Authority)

Fees for international applications: last equivalent amounts applicable as from 1 January 2023, OJ EPO 2023, A11.

Fees and reductions under the PCT: 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: CA/D 13/19, OJ EPO 2020, A4

Notice from the EPO dated 6 July 2022 concerning the reduction of the fees for the international search and the international preliminary examination carried out on international applications in favour of nationals of certain states – revised list of states: OJ EPO 2022, A72.

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 EPO dated 17 January 2023 concerning the refund of search fees by the EPO acting as ISA: OJ EPO 2023, A5.

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 EPO dated 17 January 2023, point 2.2.2 (OJ EPO 2023, A3).

Guide for applicants: PCT procedure at the EPO – "Euro-PCT Guide", chapter A-D (15th edition, January 2022).

Important fees for European patent applications (applicable as of 1 April 2023)

Code

Fees

EUR

 

Filing fee2

 

001
  • online filings3

135

001
  • other filings

285

501

Additional fee4 for a European patent application comprising more than 35 pages (not counting pages forming part of a sequence listing) for the 36th and each subsequent page

17

 

Additional fee5 in the case of a divisional application

 

552
  • fee for a divisional application of second generation

235

553
  • fee for a divisional application of third generation

480

554
  • fee for a divisional application of fourth generation

715

555
  • fee for a divisional application of fifth or any subsequent generation

955

 

Search fee

 

002
  • for applications filed before 1 July 20056

1000

002
  • for applications filed on or after 1 July 2005

1 460

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

660

BA
408
ME
410

Extension fee for each "extension state"7

102

MA
420

Validation fee for Morocco7

240

MD
421

Validation fee for the Republic of Moldova7

200

TN
422

Validation fee for Tunisia7

180

KH
423

Validation fee for Cambodia7

180

0158
0168

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

 

 
  • for the 16th and each subsequent claim up to the limit of 50

265

 
  • for the 51st and each subsequent claim

660

055

Flat fee for an additional copy of the documents cited in the European search report

 

115

 

Examination fee

 

006
  • for applications filed before 1 July 2005

2 055

006
  • for applications filed on or after 1 July 2005

1 840

006
  • for international applications filed on or after 1 July 2005 for which no supplementary European search report is drawn up

2 055

007

Fee for grant9, 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

1 040

010

Opposition fee

880

131

Limitation fee

1 305

141

Revocation fee

590

 

Fee for appeal

 

011
  • for an appeal filed by an entity other than those referred to in Rule 6(4) and (5) EPC

2 925

011
  • for an appeal filed by a natural person or an entity referred to in Rule 6(4) and (5) EPC

2 015

111

Fee for petition for review

3 270

 

Fee for further processing

 

123
  • in the event of late payment of a fee

50% of the relevant fee

121

290

122
  • non fee-related cases

290

013

Fee for re-establishment of right of priority

720

067

Fee for late furnishing of a sequence listing

255

 

Renewal fees for the European patent application

 

033

for the 3rd year

530

034

for the 4th year

660

035

for the 5th year

925

036

for the 6th year

1 180

037

for the 7th year

1 305

038

for the 8th year

1 440

039

for the 9th year

1 570

040-050

for the 10th and each subsequent year

1 775

 

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

115

005

Joint designation fee for the Swiss Confederation and the Principality of Liechtenstein

115

 

Fee for grant10, including fee for printing the European patent specification, where the application documents to be printed comprise:

 

007
  • not more than 35 pages

1 040

008
  • more than 35 pages:
    for the 36th and each subsequent page an additional

17

015
016

Claims fee for the 16th and each subsequent claim

265

Fees for international applications (applicable as of 1 April 2023)

Code

EPO receiving Office

EUR

019

Transmittal fee11
Rule 14 PCT; Rule 157(4) EPC

145

003

Search fee
Rule 16 PCT

1 775

225

International filing fee
Rule 15.2 PCT

1 37812

222

Supplement for each sheet in excess of 30 sheets

1612

316
318
319

PCT reduction for filing in electronic form

10412
20712
31112

063

Late payment fee
Rule 16bis.2 PCT13

50% of the unpaid fee(s)
but not to exceed
EUR 689

013

Fee for requesting restoration of right of priority
Rule 26bis.3(d) PCT

720

 

Code

EPO International Searching Authority; Supplementary International Searching Authority

EUR

003

Additional search fee
Rule 40.2(a) PCT; Rule 158(1) EPC

1 775

 

Fee for a supplementary international search
Rule 45bis.3(a) PCT

1 77514

066

Fee for the late furnishing of sequence listings
Rule 13ter.1(c) and Rule 13ter.2 PCT

255

062

Protest fee
(Rule 158(3) EPC, Rules 40.2(e) and 68.3(e) PCT) relating to an additional international search

980

069

Review fee (Rule 45bis.6(c) PCT) relating to a supplementary international search

980

 

Supplementary search handling fee
(Rule 45bis.2 PCT)

CHF 20014

 

Late payment fee relating to a supplementary international search
(Rule 45bis.4(c) PCT)

50%14 of the supplementary search handling fee

 

Code

EPO International Preliminary Examining Authority

EUR

224

Handling fee
Rule 57 PCT

20715

021

Fee for preliminary examination
Rule 58 PCT; Rule 158(2) EPC

 

1 840

064

Late payment fee16
Rule 58bis.2 PCT

50% of the unpaid fee(s)
but not to exceed
EUR 414.00

066

Fee for the late furnishing of sequence listings
Rules 13ter.1(c) and 13ter.2 PCT

255

062

Protest fee
(Rule 158(3) EPC, Rules 40.2(e) and 68.3(e) PCT) relating to an additional international search

980

Fees payable to the EPO for international applications upon entry into the "regional phase" (Euro-PCT applications)17 (applicable as of 1 April 2023)

Code

 

EUR

 

Filing fee18

 

020
  • online filings of EPO Form 1200

135

020
  • other filing methods

285

520

Additional fee for a European patent application comprising more than 35 pages (not counting pages forming part of a sequence listing) for the 36th and each subsequent page

17

 

Designation fee

 

 

Extension fee/Validation fee

 

 

Claims fee

 

 

Search fee19

 

 

Examination fee20

 

 

Flat-rate fee for an additional copy of the documents cited in the supplementary European search report

 

 

Amounts and fee codes as indicated for European patent applications in the foregoing text

 

033

Renewal fee for the 3rd year, calculated from the date of filing19, 20

530

013

Fee for requesting restoration of right of priority
Rule 49ter.2(d) PCT

720

013

Fee for reinstatement of rights
Rule 49.6(d) PCT

720

 

 

1 Amendments and additions to the fee guidance published in OJ EPO 2022, A34, are indicated in bold.

2 See the notice from the EPO dated 24 January 2019 concerning the amendment of Article 2 of the Rules relating to Fees with effect from 1 April 2019 (OJ EPO 2019, A6).

3 See the decision of the President of the EPO concerning the electronic filing of documents (OJ EPO 2018, A45) and the notice from the EPO (OJ EPO 2018, A46).

4 The additional fee applies to European patent applications filed on or after 1 April 2009.

5 The additional fee applies to divisional applications filed on or after 1 April 2014.

6 The amount of EUR 1 000 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.

7 The extension/validation fee is payable where the applicant wishes to extend/validate the European patent to non-contracting states which provide for extension/validation: BA, ME / KH, MA, MD, TN.

8 Code 015: claims fee according to Rule 45(1) and Rule 162(1) EPC; Code 016: claims fee according to Rule 71(4) EPC.

9 See the notice from the EPO dated 24 January 2019 concerning the amendment of Article 2 of the Rules relating to Fees with effect from 1 April 2019 (OJ EPO 2019, A6).

10 See the notice from the EPO dated 24 January 2019 concerning the amendment of Article 2 of the Rules relating to Fees with effect from 1 April 2019 (OJ EPO 2019, A6).

11 See the notice from the EPO dated 24 January 2019 concerning the amendment of Article 2 of the Rules relating to Fees with effect from 1 April 2019 (OJ EPO 2019, A6).

12 Fee fixed by WIPO: applicants should double-check the latest amount on the WIPO website wipo.int/export/sites/www/pct/en/fees.pdf.

13 OJ EPO 1992, 383.

14 This fee must be paid in CHF to the IB.

15 Fee fixed by WIPO: applicants should double-check the latest amount on the WIPO website.

16 OJ EPO 1998, 282.

17 See Article 153(2) EPC and Rules 159, 162 EPC; for further details, see Guide for applicants – PCT procedure at the EPO – "Euro-PCT Guide", chapter 5 – 15th edition, January 2022. 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, they may indicate the PCT filing or publication number.

18 See the notice from the EPO dated 24 January 2019 concerning the amendment of Article 2 of the Rules relating to Fees with effect from 1 April 2019 (OJ EPO 2019, A6).

19 A supplementary European search report shall not be drawn up for international applications in respect of which the international search report or a supplementary international search report has been drawn up by the European Patent Office.

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 Intellectual Property Office, by the National Board of Patents and Registration of Finland, by the Turkish Patent and Trademark Office by the Visegrad Patent Institute or by the Nordic Patent Institute, the fee for a supplementary European search is reduced by EUR 1 245 if it is paid on or after 1 April 2023.

20 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 17. The examination fee is reduced by 75% if the EPO drew up an international preliminary examination report (IPER) pursuant to Rule 70 PCT (Article 14(2), first sentence, RFees).