Rules relating to Fees of 20 October 1977 as adopted by decision of the Administrative Council of the European Patent Organisation of 7 December 2006 and as last amended by decision of the Administrative Council of 16 December 20151
THE ADMINISTRATIVE COUNCIL OF THE EUROPEAN PATENT ORGANISATION,
HAVING REGARD to the European Patent Convention and in particular Article 33, paragraph 2(d), thereof,
HAS ADOPTED THE FOLLOWING RULES RELATING TO FEES:
Article 1
General
The following shall be levied in accordance with the provisions contained in these Rules:
(a) fees due to be paid to the European Patent Office (hereinafter referred to as the Office) as provided for in the Convention and in the Implementing Regulations and the fees and expenses which the President of the Office lays down pursuant to Article 3, paragraph 1;
(b) fees and expenses pursuant to the Patent Cooperation Treaty (hereinafter referred to as the PCT), the amounts of which may be fixed by the Office.
Article 22
Fees provided for in the Convention and in the Implementing Regulations
(1) The fees due to be paid to the Office under Article 1, unless otherwise provided in paragraph 2, shall be as follows:
Code |
| EUR |
---|---|---|
|
1. 3 Filing fee |
|
|
(Article 78, paragraph 2) where |
|
001 |
|
120 |
001 |
|
210 |
|
1a. 5 Additional fee |
|
501 |
for a European patent application comprising more than 35 pages (not counting pages forming part of a sequence listing) (Rule 38, paragraph 2) |
plus EUR 15 for the 36th and each subsequent page |
|
1b. 6 Additional fee |
|
|
in the case of a divisional application filed in respect of any earlier application which is itself a divisional application (Rule 38, paragraph 4) |
|
552 |
|
210 |
553 |
|
425 |
554 |
|
635 |
555 |
|
850 |
|
2. Search fee in respect of |
|
002 |
|
1 300 |
002 |
|
885 |
003 |
|
1 8758 |
|
|
1 8759 |
|
3. 10 Designation fee |
|
005 |
for one or more Contracting States (Article 79, paragraph 2) in respect of an application filed on or after 1 April 2009 |
585 |
|
4. Renewal fees |
|
|
For the European patent application (Article 86 Paragraph 1), calculated in each case from the date of filing of the application |
|
033 |
|
470 |
034 |
|
585 |
035 |
|
820 |
036 |
|
1 050 |
037 |
|
1 165 |
038 |
|
1 280 |
039 |
|
1 395 |
040 - 050 |
|
1 575 |
|
5. Additional fee |
|
093 - 110 |
for belated payment of a renewal fee for the European patent application (Rule 51, paragraph 2) |
50% of the belated renewal fee |
|
6. Examination fee |
|
|
(Article 94, paragraph 1) in respect of |
|
006 |
|
1 825 |
006 |
|
1 635 |
006 |
|
1 825 |
|
7. 11 Fee for grant |
|
007 |
including fee for publication of the European patent specification (Rule 71, paragraph 3), in respect of an application filed on or after 1 April 2009 |
925 |
|
8. 12 Fee for publishing |
|
009 |
a new specification of the European patent (Rule 82, paragraph 2, Rule 95, paragraph 3) |
75 |
|
9. Surcharge |
|
056 |
for late performance of the acts required to maintain the European patent in amended form (Rule 82, paragraph 3, Rule 95, paragraph 3) |
120 |
010 |
10. Opposition fee |
|
|
785 |
|
|
10a. Limitation or revocation fee |
|
|
|
|
131 |
|
1 165 |
141 |
|
525 |
011 |
11. Fee for appeal13 |
|
|
1 880 |
|
111 |
11a. Fee for petition for review |
|
|
2 910 |
|
|
12. Fee for further processing |
|
|
|
|
123 |
|
50% of the relevant fee |
121 |
|
255 |
122 |
|
255 |
|
13. 14 Fee for re-establishment of rights/fee for requesting restoration/fee for reinstatement of rights |
|
013 |
(Rule 136, paragraph 1, Rule 26bis.3(d) PCT, Rule 49ter.2(d) PCT, Rule 49.6(d)(i) PCT) |
640 |
014 |
14. Conversion fee |
|
|
75 |
|
067 |
14a. Fee for late furnishing of a sequence listing |
|
|
230 |
|
|
15. 15 Claims fee |
|
|
(Rule 45, paragraph 1, Rule 71, paragraph 4 , Rule 162, paragraph 1) in respect of an application filed on or after 1 April 2009 |
|
015 |
|
235 |
015 |
|
585 |
017 |
16. Fee for the awarding of costs |
|
|
75 |
|
018 |
17. Fee for the conservation of evidence |
|
|
75 |
|
019 |
18. Transmittal fee for an international application |
|
|
130 |
|
021 |
19. Fee for the preliminary examination of an international application |
|
|
1 930 |
|
060 |
20. Fee for a technical opinion |
|
|
3 900 |
|
062 |
21. 17 Protest fee |
|
|
875 |
|
029 |
22. 18 Review fee |
|
|
875 |
(2)19 For European patent applications filed before 1 April 2009 and international applications which entered the regional phase before that date, the amount of the fees specified in Article 2, item 3, item 3a, item 7 and item 15 of the Rules relating to Fees as in force until 31 March 2009 shall be as follows:
Code |
| EUR |
---|---|---|
|
3. Designation fee |
|
005 |
for each contracting state designated (Article 79, paragraph 2), designation fees being deemed paid for all contracting states upon payment of seven times the amount of this fee |
100 |
|
3a. Joint designation fee |
|
005 |
for the Swiss Confederation and the Principality of Liechtenstein |
100 |
|
7. Fee for grant |
|
|
including fee for printing the European patent specification (Rule 71, paragraph 3), where the application documents to be printed comprise: |
|
007 |
7.1 not more than 35 pages |
925 |
008 |
7.2 more than 35 pages |
925 plus EUR 15 for the 36th and each subsequent page |
|
15. Claims fee |
|
015 |
for the sixteenth and each subsequent claim (Rule 45, paragraph 1, Rule 71, paragraph 4, Rule 162, paragraph 1). |
235 |
|
|
|
Article 320
Fees, expenses and prices laid down by the President of the Office
(1) The President of the Office shall lay down the amount of the administrative fees provided for in the Implementing Regulations and, where appropriate, the amount of the fees and expenses for any services rendered by the Office other than those specified in Article 2.
(2) He shall also lay down the prices of the publications referred to in Articles 93, 98, 103 and 129 of the Convention.
(3) The amounts of the fees provided for in Article 2 and of the fees and expenses laid down in accordance with paragraph 1 shall be published in the Official Journal and on the website of the European Patent Office.
Article 4
Due date for fees
(1) Fees in respect of which the due date is not specified in the provisions of the Convention or of the PCT or of the Implementing Regulations thereto shall be due on the date of receipt of the request for the service incurring the fee concerned.
(2) The President of the Office may decide not to make services within the meaning of paragraph 1 dependent upon the advance payment of the corresponding fee.
Article 521
Payment of fees
(1) The fees due to the Office shall be paid in euro by payment or transfer to a bank account held by the Office.
(2)22 The President of the Office may allow other methods of paying fees than those set out in paragraph 1.
Article 6
Particulars concerning payments
(1) Every payment must indicate the name of the person making the payment and must contain the necessary particulars to enable the Office to establish immediately the purpose of the payment.
(2) If the purpose of the payment cannot immediately be established, the Office shall require the person making the payment to notify it in writing of this purpose within such period as it may specify. If he does not comply with this request in due time the payment shall be considered not to have been made.
Article 723
Date to be considered as the date on which payment is made
(1) The date on which any payment shall be considered to have been made to the Office shall be the date on which the amount of the payment or of the transfer is actually entered in a bank account held by the Office.
(2) Where the President of the Office allows, in accordance with the provisions of Article 5, paragraph 2, other methods of paying fees than those set out in Article 5, paragraph 1, he shall also lay down the date on which such payments shall be considered to have been made.
(3) Where, under the provisions of paragraphs 1 and 2, payment of a fee is not considered to have been made until after the expiry of the period in which it should have been made, it shall be considered that this period has been observed if evidence is provided to the Office that the person who made the payment
(a) fulfilled one of the following conditions in a Contracting State within the period within which the payment should have been made:
(i) he effected the payment through a banking establishment;
(ii) he duly gave an order to a banking establishment to transfer the amount of the payment; and
(b) paid a surcharge of 10% on the relevant fee or fees, but not exceeding EUR 150; no surcharge is payable if a condition according to sub-paragraph (a) has been fulfilled not later than ten days before the expiry of the period for payment.
(4) The Office may request the person who made the payment to produce evidence as to the date on which a condition according to paragraph 3(a) was fulfilled and, where required, pay the surcharge referred to in paragraph 3(b), within a period to be specified by it. If he fails to comply with this request or if the evidence is insufficient, or if the required surcharge is not paid in due time, the period for payment shall be considered not to have been observed.
Article 824
Insufficiency of the amount paid
A time limit for payment shall in principle be deemed to have been observed only if the full amount of the fee has been paid in due time. If the fee is not paid in full, the amount which has been paid shall be refunded after the period for payment has expired. The Office may, however, in so far as this is possible within the time remaining before the end of the period, give the person making the payment the opportunity to pay the amount lacking. It may also, where this is considered justified, overlook any small amounts lacking without prejudice to the rights of the person making the payment.
Article 9
Refund of search fees
(1)25 The search fee paid for a European or supplementary European search shall be fully refunded if the European patent application is withdrawn or refused or deemed to be withdrawn at a time when the Office has not yet begun to draw up the search report.
(2)26 Where the European search report is based on an earlier search report prepared by the Office on an application whose priority is claimed or an earlier application within the meaning of Article 76 of the Convention or of Rule 17 of the Convention, the Office shall refund to the applicant, in accordance with a decision of its President, an amount which shall depend on the type of earlier search and the extent to which the Office benefits from the earlier search report when carrying out the subsequent search.
Article 10
Refund of the fee for a technical opinion
An amount of 75% of the fee for a technical opinion under Article 25 of the Convention shall be refunded if the request for a technical opinion is withdrawn at a time when the Office has not yet begun to draw up the technical opinion.
Article 1127
Refund of examination fee
The examination fee provided for in Article 94, paragraph 1, of the Convention shall be refunded:
(a) in full if the European patent application is withdrawn, refused or deemed to be withdrawn before the Examining Divisions have assumed responsibility;
(b) at a rate of 75% if the European patent application is withdrawn, refused or deemed to be withdrawn after the Examining Divisions have assumed responsibility but before substantive examination has begun.
Article 1228
Refund of insignificant amounts
Where too large a sum is paid to cover a fee, the excess shall not be refunded if the amount is insignificant and the party concerned has not expressly requested a refund. The President of the Office shall determine what constitutes an insignificant amount.
Article 1329
Termination of financial obligations
(1) Rights of the Organisation to the payment of a fee to the European Patent Office shall be extinguished after four years from the end of the calendar year in which the fee was due.
(2) Rights against the Organisation for the refunding by the European Patent Office of fees or sums of money paid in excess of a fee shall be extinguished after four years from the end of the calendar year in which the right arose.
(3) The period laid down in paragraphs 1 and 2 shall be interrupted in the case covered by paragraph 1 by a request for payment of the fee and in the case covered by paragraph 2 by a reasoned claim in writing. On interruption it shall begin again immediately and shall end at the latest six years after the end of the year in which it originally began, unless, in the meantime, judicial proceedings to enforce the right have begun; in this case the period shall end at the earliest one year after the judgment enters into force.
(4) The President of the European Patent Office may waive action for the enforced recovery of any sum due if the sum to be recovered is minimal or if such recovery is too uncertain.
Article 14
Reduction of fees
(1)30 The reduction laid down in Rule 6, paragraph 3, of the Convention shall be 30% of the filing fee or examination fee.
(2) Where the European Patent Office has drawn up an international preliminary examination report, the examination fee shall be reduced by 50%. If the report was established on certain parts of the international application in accordance with Article 34, paragraph 3(c), PCT, the fee shall not be reduced if subject-matter not covered by the report is to be examined.
Article 15
Entry into force
These Rules shall enter into force on 20 October 1977.31
DONE at Munich, 20 October 1977
For the Administrative Council
The Chairman
1 Consolidated version of the Rules relating to Fees (RFees) applicable as from 1 April 2016.
2 Last amended by decision of the Administrative Council CA/D 12/15 of 16.12.2015 (OJ EPO 2016, A3), entered into force on 1.4.2016.
3 Amended by decision of the Administrative Council CA/D 5/08 of 9.12.2008 (OJ EPO 2009, 7), entered into force on 1.4.2009.
4 Applicable when using Online filing (see decision of the President of the EPO, OJ EPO 2015, A91), New online filing (CMS) (see decision of the President of the EPO, OJ EPO 2015, A27) or Web-form filing (see decision of the President of the EPO, OJ EPO 2014, A98).
5 Inserted by decision of the Administrative Council CA/D 15/07 of 14.12.2007 (OJ EPO 2008, 10) and amended by decision of the Administrative Council CA/D 5/08 of 9.12.2008 (OJ EPO 2009, 7), entered into force on 1.4.2009. See also notice from the EPO dated 26.1.2009 concerning the 2009 fee structure (OJ EPO 2009, 118 and 2009, 338).
6 Inserted by decision of the Administrative Council CA/D 14/13 of 13.12.2013 (OJ EPO 2014, A5) entered into force on 1.4.2014.
7 Inserted by decision of the Administrative Council CA/D 14/13 of 13.12.2013 (OJ EPO 2014, A5), entered into force on 1.11.2014.
8 See decision of the Administrative Council CA/D 7/08 of 21.10.2008 concerning the reduction of this fee in favour of nationals of certain states (OJ EPO 2008, 521).
9 Inserted by decision of the Administrative Council CA/D 10/09 of 28.10.2009 (OJ EPO 2009, 593), entered into force on 1.7.2010.
10 Amended by decision of the Administrative Council CA/D 15/07 of 14.12.2007 (OJ EPO 2008, 10), entered into force on 1.4.2009. See also notice from the EPO dated 26.1.2009 concerning the 2009 fee structure (OJ EPO 2009, 118).
11 Amended by decision of the Administrative Council CA/D 15/07 of 14.12.2007 (OJ EPO 2008, 10), entered into force on 1.4.2009. See also notice from the EPO dated 26.1.2009 concerning the 2009 fee structure (OJ EPO 2009, 118).
12 Amended by decision of the Administrative Council CA/D 15/07 of 14.12.2007 (OJ EPO 2008, 10), entered into force on 1.4.2009.
13 See also the new possibility of reimbursing part of the appeal fee (R. 103(2)) introduced by decision of the Administrative Council CA/D 16/13 of 13.12.2013 (OJ EPO 2014, A3), entered into force on 1.4.2014.
14 Amended by decision of the Administrative Council CA/D 17/07 of 25.10.2007 (OJ EPO 2007, 533), entered into force on 13.12.2007.
15 Amended by decision of the Administrative Council CA/D 15/07 of 14.12.2007 (OJ EPO 2008, 10), entered into force on 1.4.2009. See also notice from the EPO dated 26.01.2009 concerning the 2009 fee structure (OJ EPO 2009, 118).
16 See decision of the Administrative Council CA/D 7/08 of 21.10.2008 concerning the reduction of this fee in favour of nationals of certain states (OJ EPO 2008, 521).
17 Amended by decision of the Administrative Council CA/D 6/11 of 27.10.2011 (OJ EPO 2011, 616), entered into force on 1.4.2012.
18 Inserted by decision of the Administrative Council CA/D 10/09 of 28.10.2009 (OJ EPO 2009, 593), entered into force on 1.7.2010.
19 Inserted by decision of the Administrative Council CA/D 19/09 of 28.10.2009 (OJ EPO 2009, 587), entered into force on 1.4.2010.
20 See the decision of the President of the EPO dated 13.12.2013 revising the Office's fees and expenses (OJ EPO 2014, A13), the decision of the President of the EPO dated 2.2.2012 revising the basic fee for the European qualifying examination (OJ EPO 2012, 210) and the decision of the President of the EPO dated 16.12.2015 revising the fee for an international-type search (OJ EPO 2016, A4).
21 Amended by decision of the Administrative Council CA/D 17/07 of 25.10.2007 (OJ EPO 2007, 533), and in particular by its Article 1, point 2; entered into force on 1.4.2008.
22 See the Arrangements for deposit accounts valid as of 1.4.2015 (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).
See the decision of the President of the EPO concerning the pilot project to introduce new means of electronic communication in EPO proceedings, OJ EPO 2015, A28.
23 Amended by decision of the Administrative Council CA/D 17/07 of 25.10.2007 (OJ EPO 2007, 533), and in particular by its Article 1, point 3; entered into force on 1.4.2008.
24 Amended by decision of the Administrative Council CA/D 5/08 of 9.12.2008 (OJ EPO 2009, 7), entered into force on 1.4.2009.
25 See notice from the EPO dated 29.1.2013 concerning adjustments to the system for search and examination fee refunds (Articles 9(1) and 11(b) of the Rules relating to Fees) following decisions J 25/10 and J 9/10 of the Legal Board of Appeal (OJ EPO 2013, 153).
26 See decision of the President of the EPO on the refund of search fees dated 21.2.2014 (OJ EPO 2014, A29), and the notice from the EPO dated 9.1.2009 concerning the criteria for the refund of search fees (OJ EPO 2009, 99), as well as the decision of the President of the EPO dated 21.2.2014 concerning the refund of the international search fee by the EPO acting as International Searching Authority (OJ EPO 2014, A30).
27 See notice from the EPO dated 29.1.2013 concerning adjustments to the system for search and examination fee refunds (Articles 9(1) and 11(b) of the Rules relating to Fees) following decisions J 25/10 and J 9/10 of the Legal Board of Appeal (OJ EPO 2013, 153).
28 See decision of the President of the EPO dated 14.7.2007 implementing Article 12 RFees, Special edition No. 3, OJ EPO 2007, M.3.
29 Amended by decision of the Administrative Council CA/D 17/07 of 25.10.2007 (OJ EPO 2007, 533), and in particular by its Article 1, point 4; entered into force on 13.12.2007.
30 Amended by decision of the Administrative Council CA/D 19/13 of 13.12.2013 (OJ EPO 2014, A4), entered into force on 1.4.2014, see also the notice from the EPO dated 10.1.2014 concerning amended Rule 6 EPC and Article 14(1) RFees (OJ EPO 2014, A23).
31 Amended by decision of the Administrative Council of 7 December 2006 (CA/D 11/06).