Pages 26-30

Guidance for the payment of fees, expenses and prices for European patents with unitary effect

I. Applicable version of the Rules relating to Fees for Unitary Patent Protection (RFeesUPP)

The version of the RFeesUPP adopted by decision of the Select Committee of the Administrative Council of 15 December 2015 applies (SC/D 2/15, OJ EPO 2016, A40). The fee amounts fixed there apply from 1 June 2023.

II. Important information about the RFeesUPP

In connection with the RFeesUPP, it is also important to consult the Rules relating to Unitary Patent Protection (UPR), as adopted by decision of the Select Committee of the Administrative Council of 15 December 2015 (SC/D 1/15, OJ EPO 2016, A39) and last amended by decision of the Select Committee of the Administrative Council of 23 March 2022 (SC/D 1/22, OJ EPO 2022, A40). A consolidated version of the UPR was published in OJ EPO 2022, A41.

Fees fixed in the RFeesUPP by reference to other provisions and procedural provisions of the Rules relating to Fees under the EPC (RFeesEPC) which apply mutatis mutandis:

The fee for re-establishment of rights under Article 2(2) RFeesUPP is payable in the amount laid down in Article 2(1), item 13, RFeesEPC as amended (for the currently applicable amount, see OJ EPO 2023, A25).

Article 5 RFeesUPP states that the administrative fees provided for in the UPR and the fees and expenses charged for any services rendered by the EPO other than those specified in the RFeesUPP are payable in the amounts laid down by the President of the EPO pursuant to Article 3 RFeesEPC (for the currently applicable amounts, see OJ EPO 2023, A3).

The same fee codes apply.

Article 6 RFeesUPP states that the following provisions of the RFeesEPC apply mutatis mutandis:

Article 4 ("Due date for fees")

Article 5 ("Payment of fees")

Article 6 ("Particulars concerning payments")

Article 7 ("Date to be considered as the date on which payment is made")

Article 8 ("Insufficiency of the amount paid")

Article 12 ("Refund of insignificant amounts")

Article 13 ("Termination of financial obligations").

III. Payment and refund of fees and expenses

Like fees payable in other kinds of proceedings before the EPO, fees for European patents with unitary effect can be paid by:

• debit from a 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), as last amended by decision of the President of the EPO dated 24 April 2023 concerning the revision of the ADA and their annexes in view of the entry into force of the Unitary Patent system (Supplementary publication 3, OJ EPO 2023, 10). See also the related notice from the EPO dated 24 April 2023 (Supplementary publication 3, OJ EPO 2023, 20).

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.

Decision of the President of the EPO dated 22 August 2017 concerning the 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)

Central Fee Payment has been fully deployed, and Online Fee Payment decommissioned, since 10 September 2022 (see notice from the EPO dated 19 July 2022 concerning Central Fee Payment (OJ EPO 2022, A81)).

Notice from the EPO 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)

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

Important fees for European patents with unitary effect (applicable as of 1 June 2023)