Pages 259-266

FEES

Guidance for the payment of fees, costs and prices¹

1. Applicable version of the Rules relating to Fees and the Schedule of Fees

The Rules relating to Fees in the version applicable as from 1 April 2006 are as set out in the 12th edition (April 2006) of the European Patent Convention (or the 11th edition (July 2002) in conjunction with the decisions of the Administrative Council of the EPO of 30 October 2003 (OJ EPO 2003, 531), 4 December 2003 (OJ EPO 2004, 3), 9 December 2004 (OJ EPO 2005, 5, 10, 11) and 15 December 2005 (OJ EPO 2006, 8)).

The current schedule of fees and costs of the EPO is set out in the Supplement to OJ EPO 3/2006.

2. Important implementing rules to the Rules relating to Fees

Decision of the President of the EPO dated 21 January 2002 concerning the payment of fees and costs at the Information Office in Munich: OJ EPO 2002, 162.

New amounts of the fees provided for in Articles 2 and 8 of the Rules relating to Fees: OJ EPO 2003, 531; 2004, 3; 2005, 5, 10, 11; 2006, 8.

Arrangements for deposit accounts: Supplement No. 2 to OJ EPO No. 1/2005.

Decision of the President of the European Patent Office dated 25 March 1999 concerning the carrying out of international-type searches and the setting of a new fee for such searches: OJ EPO 1999, 300.

Decision of the President of the European Patent Office dated 17February 2006 revising the Office's fees and costs: OJ EPO 2006, 255.

3. Payment and refund of fees and costs

It is recommended that the EPO form for the settlement of fees or costs (Form 1010), obtainable free of charge from the EPO and the patent authorities of the contracting states, be used for each payment: OJ EPO 1992, 671 ff.

Refund of search fees: OJ EPO 2003, 631; 2005, 5, 431, 433; 2006, 83, 111, 189, 252.

Refund of the examination fee: OJ EPO 1981, 349; 1988, 293 and 354.

Paying renewal fees for European patent applications and patents: OJ EPO 1984, 272.

Payment and refund of fees: OJ EPO 1991, 573.

Calculation of aggregate time limits: OJ EPO 1993, 229.

Payment of the extension fee: OJ EPO 1996, 82; 1997, 538; 2001, 590; 2004, 117, 563, 619.

Notice concerning the modification of the system for the refund of fees: OJ EPO 1997, 115.

Implementation of the fee reform 1997: OJ EPO 1997, 215.

Reduction of fees 1999: OJ EPO 1999, 405.

A list of bank and Giro accounts opened in the name of the European Patent Organisation is printed at the end of each issue of the Official Journal.

4. Other notices concerning fees and prices

Claims incurring fees where the application includes more than one set of claims: OJ EPO 1985, 347.

Notice dated 1 October 2001 concerning the introduction of the euro: OJ EPO 2001, 524.

Notice dated 28 October 2005 concerning search and examination fees: OJ EPO 2005, 577.

Notice dated 1 March 2006 concerning search and examination fees: OJ EPO 2006, 192.

5. Information concerning Euro-PCT applications (EPO as designated or elected Office)

Fee for a supplementary European search waived if the international search report has been drawn up by the EPO, the Austrian Patent Office, the Swedish Patent Office or the Spanish Patent and Trademark Office: OJ EPO 1979, 4, 50 and 248; 1995, 511 (applicable to international applications filed before 1 July 2005).

Reduction of the fee for a supplementary European search if the international search report has been drawn up by the Austrian Patent Office, the Finnish Patent and Registration Office, the Swedish Patent and Registration Office or the Spanish Patent and Trademark Office: OJ EPO 2005, 422, 546; 2006, 13.

Reduction of the fee for a supplementary European search if the international search report has been drawn up by the United States Patent and Trademark Office (USPTO), the Japan Patent Office, the Federal Service for Intellectual Property, Patents and Trademarks (Russian Federation), the Australian Patent Office, the State Intellectual Property Office of the People's Republic of China (SIPO) or the Korean Intellectual Property Office:

for applications filed before 1.7.2005: OJ EPO 1979, 368; 1981, 5; 1994, 6 and 691; 2000, 321;

for applications filed on or after 1.7.2005: OJ EPO 2005, 548.

Reduction of the examination fee if the international preliminary examination report has been drawn up by the EPO: OJ EPO 2001, 492, 539; 2004, 305; 2005, 577 at 582 et seq.

Guide for applicants - part 2: PCT procedure before the EPO - "Euro-PCT", chapter E (3rd edition to be published soon).

6. Guidance for international applications (EPO as receiving Office, International Searching Authority or International Preliminary Examining Authority)

Late payment fee under Rule 16bis.2 PCT: OJ EPO 1992, 383.

Guide for applicants - part 2: PCT procedure before the EPO - "Euro-PCT", chapters B, C and D (3rd edition to be published soon).

Reduction of the fees for the international search and preliminary examination carried out on an international application in favour of the nationals of certain states: OJ EPO 2000, 446.

Late payment fee under Rule 58bis.2 PCT: OJ EPO 1998, 282.

Refund of fee for international preliminary examination: OJ EPO 2001, 492, 539; 2004, 305.

Changes in respect of PCT applications filed as of 1 January 2004: OJ EPO 2003, 574.

Refund of international search fees: OJ EPO 2003, 631; 2005, 431, 463; 2006, 83, 111, 189, 252.

Reduction for filing in electronic form: PCT Gazette 44/2003, 24736.

Fee for the late furnishing of sequence listings under Rule 13ter.1(c) PCT: OJ EPO 2005, 225.

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