9.4 Reduction under the scheme for micro-entities
9.4.1 Conditions
In contrast with the eligibility requirements for fee reductions under the language arrangements (see A‑X, 9.3), applicants qualifying for micro-entity status may, irrespective of their nationality or domicile, have certain fees reduced under the scheme for micro-entities. The reduction applies to fee payments made on or after 1 April 2024 for European patent applications and Euro-PCT applications having entered the European phase (see E‑IX, 2.1), irrespective of their date of filing (see the decision of the Administrative Council dated 14 December 2023, OJ EPO 2024, A3, and the notice from the EPO dated 25 January 2024, OJ EPO 2024, A8).
No reduction applies if the same applicant 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, the date on which the divisional application concerned is filed, or, in the case of a Euro-PCT application, its date of entry into the European phase (see OJ EPO 2024, A3, and OJ EPO 2024, A8).
The categories of applicants eligible for the micro-entity fee reductions are:
–microenterprises
–natural persons
–non-profit organisations, universities and public research organisations
It is to be noted that small and medium-sized enterprises (SMEs) are not eligible for a fee reduction under Rule 7a(3). For the definition of a microenterprise and the other entities listed above, see A‑X, 9.3.1.
If there are multiple applicants, each one must be an entity or a natural person within the meaning of Rule 7a(3) and fulfil the requirements of Rule 7a(4) for the fee reduction to apply.
Applicants wishing to benefit from the fee reductions for micro-entities must expressly declare that they are an entity or natural person covered by Rule 7a(3). The declaration may be made either on filing the application by selecting the appropriate box on the request for grant form (EPO Form 1001) or on filing the request for entering the European phase by selecting the appropriate box on EPO Form 1200. It can also be filed subsequently using non-mandatory EPO Form 1011, which is available in EPO Online Filing and Online Filing 2.0 or can be downloaded from the EPO website (epo.org). For Euro-PCT applications, see E‑IX, 2.1.4.
The eligibility criteria must be fulfilled on the date of payment of the fee concerned. Changes in the status of an entity which occur after the filing of the declaration will take effect only for the future and will not affect any reduced fees already paid (OJ EPO 2024, A8).