Chapter I – General provisions
(1) Where a person referred to in Article 14, paragraph 4, files a European patent application or a request for examination in a language admitted in that provision, the filing fee or examination fee shall be reduced in accordance with the Rules relating to Fees.
(2) The reduction of fees referred to in paragraph 1 shall be available for:
(b) small and medium-sized enterprises;
(d) non-profit organisations, universities or public research organisations.
(3) Where a microenterprise, natural person, non-profit organisation, university or public research organisation files a European patent application or, in respect of an international application, performs the acts referred to in Rule 159, the following fees shall be reduced in accordance with the Rules relating to Fees:
(b) fee for a European or supplementary European search;
(c) examination fee, and in addition the previously paid international search fee where the European Patent Office acted as International Searching Authority;
(f) renewal fees for the European patent application.
(4) The reduction of fees referred to in paragraph 3 shall not be available where the same person has filed five or more European patent applications or Euro-PCT applications within a period of five years preceding
– the date of filing of the European patent application concerned or
– the date of entry into the European phase of the Euro-PCT application concerned.
The relevant date for previous applications shall be the date of filing in the case of a European patent application or the date of entry into the European phase in the case of a Euro-PCT application.
(5) In the case of multiple persons filing a European patent application or a Euro-PCT application, the reduction under paragraph 1 or paragraph 3 shall be available only if each applicant fulfils the applicable eligibility criteria.
(6) The eligibility criteria laid down in paragraphs 1 to paragraph 3 shall be fulfilled on the date of the payment of the fee concerned.
6Inserted by decision of the Administrative Council CA/D 16/23 of 14.12.2023 (OJ EPO 2024, A3), which entered into force on 01.04.2024.
See notice from the EPO of 25.01.2024 concerning fee-related support measures for small entities (OJ EPO 2024, A8).
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01.04.2024 -CA/D 16/23 (OJ EPO 2024, A3)