Article 26

EUROPEAN PATENT OFFICE

Fees

Guidance for the payment of fees, expenses and prices applicable as from 1 April 2016¹

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 2016 are set out in supplementary publication 2, OJ EPO 2016. The amounts applicable as from 1 April 2016 were fixed by decision of the Administrative Council of 16 December 2015 (CA/D 12/15, OJ EPO 2016, A3).

The current schedule of fees and expenses of the EPO (status 1 April 2016) is set out in supplementary publication 2, OJ EPO 2016.

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 2016): OJ EPO 2014, A13.

Arrangements for deposit accounts (ADA) including Arrangements for the automatic debiting procedure (AAD) and Arrangements for online fee payment via Online services: supplementary publication 3, OJ EPO 2015,

supplemented by the notice from the EPO concerning abrogation of the transitional procedure for filing automatic debit orders with the EPO as receiving Office to pay fees in PCT proceedings: OJ EPO 2015, A53,

supplemented by the decision of the President of the European Patent Office dated 3 February 2016 revising point 5.3 of the Arrangements for deposit accounts: OJ EPO 2016, A14.

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

When filed on paper, it is mandatory to accompany the payments with the most up-to-date version of the EPO form for the payment of fees and expenses (EPO 1010). The latest version is that of January 2016. The form can be downloaded from the EPO website.

Failure to use the above form will delay processing considerably, although payers will keep the original submission date as payment date. In such cases, however, for processing purposes, from 1 April 2014 onwards debit orders are to be resubmitted using the standard form (see Supplementary publication 3, OJ EPO 2015, ADA, point 6.3).

Alternatively, holders of deposit accounts with the EPO can pay fees by automatic debit or by online fee payment (see point 2 above).

Refund of search fees: decision of the President of the European Patent Office dated 21 February 2014 concerning the refund of search fees under Article 9(2) RFees: OJ EPO 2014, A29; decision of the President of the European Patent Office dated 21 February 2014 concerning the refund of search fees by the EPO acting as ISA: OJ EPO 2014, A30. Notice from the European Patent Office dated 9 January 2009 concerning the criteria for refund of the search fees: OJ EPO 2009, 99.

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.

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

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 for Morocco (MA): OJ EPO 2015, A18; for the Republic of Moldova (MD): OJ EPO 2015, A84.

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:
http://www.epo.org/applying/forms-fees/payment.html

Requirements related to bank transfers: OJ EPO 2015, A65, Point 2.

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 15 February 2016 concerning search and examination fees: OJ EPO 2016, A20.

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 Visegrad Patent Institute or
• the Nordic Patent Institute:

CA/D 14/13 (Article 2), OJ EPO 2014, A5, applicable until 30 June 2016, and CA/D 8/1 (Article 1), OJ EPO 2016, A2, applicable from 1 July 2016 until 31 March 2020.

Reduction of the fee for a supplementary European search 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: OJ EPO 2005, 548.

Reduction of the examination fee where the international preliminary examination report was drawn up by the EPO: OJ EPO 2012, 212, point 4.

Guide for applicants – Part 2: PCT procedure before the EPO – "Euro-PCT Guide", chapter E (9th edition, January 2016).

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 1.1.2016, OJ EPO 2015, A100.

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 21 February 2014 concerning the refund of search fees by the EPO acting as ISA: OJ EPO 2014, A30.

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 – Part 2: PCT procedure before the EPO – "Euro-PCT Guide", chapter A-D (9th edition, January 2016).

Important fees for European patent applications (as of 1.4.2016)

Fees for international applications (as of 1.4.2016)

Fees payable to the EPO for international applications upon entry into the "regional phase" (Euro-PCT applications) 13 (as of 1.4.2016)