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    Article 37

    Citation: OJ EPO 2024, A37

    Online publication date: 29.3.2024

    EUROPEAN PATENT OFFICE
    Fees

    Guidance for the payment of fees, expenses and prices applicable as from 1 April 20241

    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 2024 are set out in supplementary publication 4, OJ EPO 2024. The amounts applicable as from 1 April 2024 were fixed by the decision of the Administrative Council of 14 December 2023 (CA/D 16/23, OJ EPO 2024, A3).

    The current schedule of fees and expenses of the EPO (status at 1 April 2024) is set out in supplementary publication 4, OJ EPO 2024.

    II. Important implementing rules to the Rules relating to Fees

    Decision of the President of the EPO dated 25 January 2024 revising the Office's fees and expenses (OJ EPO 2024, A5)

    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 2, OJ EPO 2024)

    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)

    Notice from the EPO dated 9 February 2024 concerning new features of MyEPO Portfolio (OJ EPO 2024, A21)

    Decision of the President of the EPO dated 7 March 2023 implementing Article 12 of the RFees (insignificant amount) (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 dated 25 January 2024 revising the Office's fees and expenses, point 2.2.1 (OJ EPO 2024, A5)

    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 15 February 2024 concerning the further digitalisation of the fee refund procedure (OJ EPO 2024, A23)

    Refund of search fees:

    • Decision of the President of the EPO dated 15 January 2024 concerning the refund of the search fee under Article 9(2) RFees (OJ EPO 2024, A6)
    • Decision of the President of the EPO dated 15 January 2024 concerning the refund of the international search fee by the EPO acting as ISA (OJ EPO 2024, A7)
    • 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)

    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; Georgia (GE): OJ EPO 2023, A104

    Abolition of payment by cheque: (OJ EPO 2007, 626)

    Central Fee Payment was fully deployed and Online Fee Payment was decommissioned on 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 29 March 2024 concerning search and examination fees (OJ EPO 2024, A33)

    Notice from the EPO dated 25 January 2024 concerning fee-related support measures for small entities (OJ EPO 2024, A8)

    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 Visegrád Patent Institute:

    CA/D 16/23, Articles 4 and 6 (OJ EPO 2024, A3) applicable from 1 April 2024 until 31 March 2028

    Guide for applicants: PCT procedure at the EPO – "Euro-PCT Guide", chapter 5 (16th edition, January 2023)

    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: new equivalent amounts applicable as from 1 January 2024 (OJ EPO 2023, A112)

    Fees and reductions under the PCT: wipo.int/export/sites/www/pct/en/docs/fees.pdf

    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 10 July 2023 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 2023, A67)

    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 15 January 2024 concerning the refund of the international search fees by the EPO acting as ISA (OJ EPO 2024, A7)

    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 25 January 2024, point 2.2.2 (OJ EPO 2024, A5)

    Guide for applicants: PCT procedure at the EPO – "Euro-PCT Guide", chapter 1 - 4 (16th edition, January 2023)

    VII. Information concerning the Unitary Patent

    Rules relating to Fees for Unitary Patent Protection (RFeesUPP) as adopted by decision of the Select Committee of the Administrative Council of the European Patent Organisation of 15 December 2015 (SC/D 2/15, OJ EPO 2022, A42)

    Important fees for European patent applications (applicable as of 1 April 2024)

    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

    1 040

    002

    • for applications filed on or after 1 July 2005

    1 520

    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

    685

    BA
    408

    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

    GE
    424

    Validation fee for Georgia7

    200

    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

    275

     

    • for the 51st and each subsequent claim

    685

     

    Examination fee

     

    006

    • for applications filed before 1 July 2005

    2 135

    006

    • for applications filed on or after 1 July 2005

    1 915

    006

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

    2 135

    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

    1 080

    010

    Opposition fee

    880

    131

    Limitation fee

    1 355

    141

    Revocation fee

    615

     

    Fee for appeal

     

    011

    • for an appeal filed by an entity other than those referred to in Rule 7a(2)(a) to (d) EPC

    2 925

    011

    • for an appeal filed by a natural person or an entity referred to in Rule 7a(2)(a) to (d) EPC

    2 015

    111

    Fee for petition for review

    3 400

     

    Fee for further processing

     

    123

    • in the event of late payment of a fee

    50% of the relevant fee

    121

    • in the event of late performance of the acts under Rule 71(3) EPC

    300

    122

    • non fee-related cases

    300

    013

    Fee for re-establishment of right of priority

    750

    067

    Fee for late furnishing of a sequence listing

    265

     

    Renewal fees for the European patent application

     

    033

    for the 3rd year

    690

    034

    for the 4th year

    845

    035

    for the 5th year

    1 000

    036

    for the 6th year

    1 155

    037

    for the 7th year

    1 310

    038

    for the 8th year

    1 465

    039

    for the 9th year

    1 620

    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

    120

    005

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

    120

     

    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

    1 080

    008

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

    18

    015
    016

    Claims fee for the 16th and each subsequent claim

    275

    Fees for international applications (applicable as of 1 April 2024)

    Code

    EPO receiving Office

    EUR

    019

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

    150

    003

    Search fee
    Rule 16 PCT

    1 845

    225

    International filing fee
    Rule 15.2 PCT

    1 38112

    222

    Supplement for each sheet in excess of 30 sheets

    1612

    316
    318
    319

    PCT reduction for filing in electronic form

    10412
    20812
    31112

    063

    Late payment fee
    Rule 16bis.2 PCT13

    50% of the unpaid fee(s)
    but not to exceed
    EUR 690.5

    013

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

    750

     

    Code

    EPO International Searching Authority; Supplementary International Searching Authority

    EUR

    003

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

    1 845

     

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

    1 84514

    066

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

    265

    062

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

    1 020

    069

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

    1 020

     

    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

    20815

    021

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

     

    1 915

    064

    Late payment fee16
    Rule 58bis.2 PCT

    50% of the unpaid fee(s)
    but not to exceed
    EUR 416

    066

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

    265

    062

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

    1 020

    Fees payable to the EPO for international applications upon entry into the "regional phase" (Euro-PCT applications)17 (applicable as of 1 April 2024)

    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

     

     

    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

    690

    013

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

    750

    013

    Fee for reinstatement of rights
    Rule 49.6(d) PCT

    750

     

     

     

    1 Amendments and additions to the fee guidance published in OJ EPO 2023, A34 are indicated in bold.

    2 See the Decision of the Administrative Council of 14 December 2023 amending the Implementing Regulations to the European Patent Convention and the Rules relating to Fees, and adjusting the amount of the reduction in the fee for supplementary European search where the international or supplementary international search report was drawn up by one of the European International Searching Authorities (CA/D 16/23) as published in OJ EPO 2024, A3.

    3 See the decisions of the President of the EPO concerning the electronic filing of documents (OJ EPO 2023, A48; A96) 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 1 040 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 / GE, 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 Decision of the Administrative Council of 14 December 2023 amending the Implementing Regulations to the European Patent Convention and the Rules relating to Fees, and adjusting the amount of the reduction in the fee for supplementary European search where the international or supplementary international search report was drawn up by one of the European International Searching Authorities (CA/D 16/23) as published in OJ EPO 2024, A3.

    10 See the Decision of the Administrative Council of 14 December 2023 amending the Implementing Regulations to the European Patent Convention and the Rules relating to Fees, and adjusting the amount of the reduction in the fee for supplementary European search where the international or supplementary international search report was drawn up by one of the European International Searching Authorities (CA/D 16/23) as published in OJ EPO 2024, A3.

    11 See the Decision of the Administrative Council of 14 December 2023 amending the Implementing Regulations to the European Patent Convention and the Rules relating to Fees, and adjusting the amount of the reduction in the fee for supplementary European search where the international or supplementary international search report was drawn up by one of the European International Searching Authorities (CA/D 16/23) as published in OJ EPO 2024, A3.

    12 Fee fixed by WIPO: applicants should double-check the latest amount on the WIPO website (wipo.int/export/sites/www/pct/en/docs/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 – 16th edition, January 2023. 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.

    18 See the Decision of the Administrative Council of 14 December 2023 amending the Implementing Regulations to the European Patent Convention and the Rules relating to Fees, and adjusting the amount of the reduction in the fee for supplementary European search where the international or supplementary international search report was drawn up by one of the European International Searching Authorities (CA/D 16/23) as published in OJ EPO 2024, A3.

    19 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 Intellectual Property Office, by the National Board of Patents and Registration of Finland, by the Turkish Patent and Trademark Office by the Visegrád Patent Institute or by the Nordic Patent Institute, the fee for a supplementary European search is reduced by EUR 1 300 if it is paid on or after 1 April 2024.

    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).

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