4. Fees to be paid to the EPO as receiving Office
The international filing fee is collected by the RO/EP for the benefit of the IB and its amount is fixed by the IB. It is to be paid within one month from the date of receipt of the international application. The amount payable is the amount applicable on that date of receipt.
The international filing fee is made up of
– a fixed amount (the "basic" filing fee part); and
– an additional amount (the "page fee" part) for each sheet above 30 (including the abstract, even if missing at the time of filing the international application).
Applicants must compute the additional amount themselves and not wait for a communication from the EPO, because as from expiry of the one-month time limit any missing amount may only be validly paid together with a late payment fee (see GL/PCT‑EPO A‑III, 4.5). For any reductions that may apply, see GL/PCT‑EPO A‑III, 8.1.
The RO/EP will not confirm to the applicants that all fees have been duly paid, nor inform them in advance that an overpayment will be refunded (e.g. using Form PCT/RO/102).
However, if the RO/EP notes before the expiry of the time limit for payment of the relevant fee that the amount paid is not sufficient, it will either proceed to debit any missing amount from the applicant's deposit account where the applicant has authorised it to do so, or it may informally (e.g. by phone) invite the applicant to pay the shortfall before expiry of the time limit. If full payment of the amounts due has not been received upon expiry of the time limit, the RO/EP will proceed as described under GL/PCT‑EPO A‑III, 4.5.
In the event of overpayment, the RO/EP will inform the applicant by means of Form PCT/RO/132 that the refund due has been processed. No communication giving advance notice of the refund is sent.
If the application contains a sequence listing as part of the description, the pages forming that part are not taken into account for calculating the page fee if the following requirements are met:
(i)the application is filed in electronic form,
(ii)the sequence listing forming part of the application is filed in XML format in compliance with WIPO Standard ST.26 (see Annex C to the Administrative Instructions under the PCT, paragraph 4).
GL/RO 241
If any other option for filing a sequence listing is chosen – filing on paper, in image format or in another electronic format which is not XML – the additional amount of the international filing fee is calculated taking into account each page of the sequence listing. If necessary, this additional amount is calculated after conversion by the RO/EP of the file into the format of the main part of the description. The RO/EP then invites the applicant to confirm whether the content of that converted file is intended to form part of the description and to pay any corresponding page fee (Form PCT/RO/132) within a time limit of one month from the date of the invitation. The content of the converted file is not considered part of the international application if the applicant so indicates or fails, within that time limit, to pay the applicable fees.