FEES
Guidance for the payment of fees, expenses and prices applicable as from 1 April 20101
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 2009 are set out in the Supplement to OJ EPO 2/2009. The amounts applicable as from 1 April 2010 were fixed by decisions of the Administrative Council of 28 October 2009 (CA/D 19/09, OJ EPO 2009, 587; CA/D 10/092, OJ EPO 2009, 593).
The current Schedule of fees and expenses of the EPO (status 1 April 2010) is set out in the Supplement to OJ EPO 3/2010.
2. Important implementing rules to the Rules relating to Fees
Decisions of the President of the European Patent Office dated 15 November 2009 and 5 February 2010 revising the Office's fees and expenses: OJ EPO 2009, 616; 2010, 132.
Arrangements for deposit accounts including Arrangements for the automatic debiting procedure and Arrangements for Online Fee Payment via My.epoline®: Supplement to OJ EPO 3/2009.
Notice from the European Patent Office dated 30 March 2009 on setting up and cancelling automatic debit orders via Online Fee Payment: OJ EPO 2009, 238
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; revised amount: Decision of the President of the European Patent Office dated 15 November 2009, point 2.2.1 (OJ EPO 2009, 616).
Decision of the President of the EPO dated 12 July 2007 concerning the payment of fees and costs at the Information Office in Munich: Special edition No. 3, OJ EPO 2007, M.4.
3. Payment and refund of fees and expenses
It is strongly recommended that the most up-to-date version of the EPO form for the payment of fees and expenses (Form 1010) is used for payments. The current version is that of April 2009. The form can be downloaded from the EPO website. Paper copies are obtainable free of charge from the EPO. Alternatively, holders of deposit accounts with the EPO can pay fees by automatic debit or by online fee payment (see 2 above).
Refund of search fees: Decision of the President of the European Patent Office dated 22 December 2008 concerning the refund of search fees under Article 9(2) RFees: OJ EPO 2009, 96; Decision of the President of the European Patent Office dated 22 December 2008 concerning the refund of search fees by the EPO acting as ISA: OJ EPO 2009, 114. Notice from the European Patent Office dated 9 January 2009 concerning the criteria for refund of the search fees: OJ EPO 2009, 99.
Notice from the European Patent Office dated 22 October 2009 concerning the refund of the examination fee (Article 11 of the Rules relating to Fees): OJ EPO 2009, 542.
Paying renewal fees for European patent applications and patents: OJ EPO 1984, 272.
Calculation of aggregate time limits: OJ EPO 1993, 229.
Payment of extension fees: (AL) OJ EPO 1996, 82; (BA) OJ EPO 2004, 619; (RS) OJ EPO 2007, 406; re-introduction of grace period for payment OJ EPO 2009, 603; (ME) OJ EPO 2010, 10.
Abolition of payment by cheque: OJ EPO 2007, 626.
A list of bank accounts opened in the name of the European Patent Organisation is printed at the end of each issue of the Official Journal and published on the website of the EPO.
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 8 February 2010 concerning search and examination fees: OJ EPO 2010, 133.
Notice from the EPO dated 26 January 2009 concerning the 2009 fee structure: OJ EPO 2009, 118; Notice supplementing the notice from the European Patent Office dated 26 January 2009 concerning the 2009 fee structure OJ EPO 2009, 338.
5. Information concerning Euro-PCT applications (EPO as designated or elected Office)
Fee for a supplementary European search waived where the international search report was 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).
Fee for a supplementary European search waived where the international search report or a supplementary international search report2 was drawn up by the EPO: CA/D 41/07 (Article 1), OJ EPO 2007, 642; CA/D 11/092, OJ EPO 2009, 594.
Reduction of the fee for a supplementary European search where the international search report was drawn up by the Austrian Patent Office, the National Patents and Registration Board of Finland, the Swedish Patent and Registration Office, the Spanish Patent and Trademark Office or the Nordic Patent Institute: CA/D 19/09 (Article 2), OJ EPO 2009, 587; CA/D 12/092, OJ EPO 2009, 595.
Reduction of the fee for a supplementary European search where the international search report was 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 where the international preliminary examination report was drawn up by the EPO: OJ EPO 2010, 133, point 4.
Guide for applicants – Part 2: PCT procedure before the EPO – "Euro-PCT", chapter E (4th edition April 2008).
6. Guidance for international applications (EPO as receiving Office, International Searching Authority or International Preliminary Examining Authority)
Fees for international applications: OJ EPO 2009, 619.
Fees and reductions under the PCT: www.wipo.int/pct/en/fees/index.html
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 2008, 521.
Late payment fee under Rule 16bis.2 PCT: OJ EPO 1992, 383.
Late payment fee under Rule 58bis.2 PCT: OJ EPO 1998, 282.
Changes in respect of PCT applications filed as of 1 January 2004: OJ EPO 2003, 574.
Refund of international search fees: Decision of the President of the European Patent Office dated 22 December 2008 concerning the refund of search fees by the EPO acting as ISA: OJ EPO 2009, 114.
Fee for the late furnishing of sequence listings under Rule 13ter.1(c) and Rule 13ter.2 PCT: OJ EPO 2005, 225. Revised amount: Decision of the President of the European Patent Office dated 15 November 2009, point 2.2.2 (OJ EPO 2009, 616).
Guide for applicants – Part 2: PCT procedure before the EPO – "Euro-PCT", chapter A-D (4th edition April 2008)
The embedded tables within this article are for technical reasons only available in the PDF version of this article.
1 Amendments and additions to the fees guidance published in OJ EPO 2/2009 are indicated by a vertical line alongside.
2 Applicable only as from 1 July 2010.