4.3 Filing European patent applications
4.3.5Fees
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A revised version of this publication entered into force. |
(a) filing fee and any additional fee for the 36th and each subsequent page of the application (see point 4.3.014)
(b) search fee
(c) claims fee in respect of the 16th and each subsequent claim (where appropriate) (see points 4.2.028, 4.2.029)
(d) designation fee (see points 4.3.015, 5.3.004)
(e) extension fees (one for each extension state, see point 2.5.001)
(f) validation fees (one for each validation state, see point 2.5.001)
(g) examination fee (see points 4.3.015, 5.3.004, 5.4.002)
(h) fee for grant and publishing (see point 5.4.011)
(i) renewal fees in respect of the third and each subsequent year (see points 5.9.001-5.9.006)
Further fees may fall due in the course of the proceedings.
4.3.011After filing the application you must pay the filing fee (and any additional fee) and the search fee (as well as any claims fees, where claims were filed together with the application) within one month of the date of filing. If you file the claims after the date of filing, any claims fees must be paid within one month of filing the first set of claims (see points 4.2.026, 5.2.002).
You must pay the designation fee (and any extension and/or validation fees) within six months of the date on which the European Patent Bulletin mentions publication of the European search report.
The examination fee is payable within the same period.
An overview of important deadlines for filing a European patent application, including deadlines for the payment of fees, is contained in Annex IV to this Guide.
4.3.013If you fail to pay the filing and search fees in due time, your European patent application is deemed to be withdrawn (but see points 4.3.016 and 5.10.007).
If you fail to pay the designation or examination fee in due time, the application is deemed to be withdrawn (but see points 4.3.016 and 5.10.007). If you fail to pay the extension fee in due time, the request for extension to this state is deemed to be withdrawn (but see point 4.3.016). The same applies to payment of the validation fee and the request for validation (but see point 4.3.016).
4.3.014An additional fee as part of the filing fee is payable for European patent applications comprising more than 35 pages. The amount of the additional fee depends on the number of pages over 35 and is calculated on the basis of the pages of the description, claims, any drawings and one page for the abstract, in the language of filing. The language reduction under Rule 6(3) applies if you as an applicant fulfil the relevant requirements (see point 4.1.009). The pages of the request for grant form (EPO Form 1001) are not counted, nor are any pages forming part of a sequence listing, provided that it complies with WIPO Standard ST.26 (see point 4.2.010). The additional fee is payable within one month of the date of filing. If the application is filed without claims or by reference to a previously filed application, the additional fee is payable within one month of filing of the first set of claims or the certified copy of the previously filed application (see points 4.1.022 and 5.2.002).
4.3.015In the case of European divisional applications (see points 5.8.001-5.8.005), you must pay the filing fee, any additional fee for pages over 35 and the search fee (and any claims fees) within one month of filing. An additional fee is payable as part of the filing fee for divisional applications of second or subsequent generations. The amount of the fee depends on the generation to which the newly filed divisional application belongs.
Renewal fees which have fallen due in the parent application must also be paid for the divisional application. The period for payment of these fees is four months after the date of receipt of the divisional application. If you fail to pay the renewal fees due, they can still be paid within six months of the date of receipt of the divisional application, provided that a surcharge of 50% of the renewal fees is paid.
You must pay the examination fee, the designation fees and any extension and/or validation fees within six months of the date on which the European Patent Bulletin mentions publication of the European search report on the divisional application (see point 4.3.011).
4.3.016You should note that, if you fail to observe the above-mentioned time limits for payment of the filing fee, additional fee(s), the search fee, the designation fee or the examination fee, further processing is available within two months of notification of a communication of loss of rights under Rule 112(1). To request further processing you must pay the outstanding fee(s) and the prescribed fee for further processing (see point 5.10.007).
If you fail to pay the extension or validation fee in due time, the request for extension or validation in respect of the state concerned is deemed to be withdrawn. The EPO will not send a communication to that effect. However, the extension or validation fee can still be paid with a 50% surcharge within a period of two months of expiry of the basic period for payment.
GL A‑III, 12.2
If a loss of rights has occurred due to non-payment of the designation fee, you will be informed of this in a communication noting the loss of rights under Rule 112(1). Together with the designation fee and the fee for further processing you will have the opportunity to pay any extension or validation fee within two months from notification of said communication together with a 50% surcharge on the respective extension or validation fee(s).