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Article 5

Citation: OJ EPO 2014, A5
Online publication date: 31.1.2014
ADMINISTRATIVE COUNCIL

Decision of the Administrative Council of 13 December 2013 amending Article 2 of the Rules relating to Fees and adjusting the amount of the reduction in the fee for the supplementary European search where the international or supplementary international search report was drawn up by one of the European International Searching Authorities (CA/D 14/13)

THE ADMINISTRATIVE COUNCIL OF THE EUROPEAN PATENT ORGANISATION,

Having regard to the European Patent Convention and in particular Articles 33(2)(d) and 153(7) thereof,

On a proposal from the President of the European Patent Office,

Having regard to the opinion of the Budget and Finance Committee,

HAS DECIDED AS FOLLOWS:

Article 1

Article 2 of the Rules relating to Fees shall read as follows:

"Article 2

Fees provided for in the Convention and in the Implementing Regulations

(1) The fees due to be paid to the Office under Article 1, unless otherwise provided in paragraph 2, shall be as follows:

 

EUR

1. Filing fee (Article 78, paragraph 2) where

 
  • the European patent application or, in the case of an international application, the form for entry into the European phase (EPO Form 1200) is filed online

120
  • the European patent application or, in the case of an international application, the form for entry into the European phase (EPO Form 1200) is not filed online

210

1a. Additional fee for a European patent application comprising more than 35 pages (not counting pages forming part of a sequence listing) (Rule 38, paragraph 2)

 

 


plus EUR 15 for the 36th and each subsequent page

1b. Additional fee in the case of a divisional application filed in respect of any earlier application which is itself a divisional application (Rule 38, paragraph 4)

 
  • fee for a divisional application of second generation

210
  • fee for a divisional application of third generation

420
  • fee for a divisional application of fourth generation

630
  • fee for a divisional application of fifth or any subsequent generation

840

2. Search fee in respect of

 

1 285

875

1 875

1 875

3. Designation fee for one or more Contracting States (Article 79, paragraph 2) in respect of an application filed on or after 1 April 2009

580

4. Renewal fees for the European patent application (Article 86, paragraph 1), calculated in each case from the date of filing of the application

 
  • for the 3rd year

465
  • for the 4th year

580
  • for the 5th year

810
  • for the 6th year

1 040
  • for the 7th year

1 155
  • for the 8th year

1 265
  • for the 9th year

1 380
  • for the 10th and each subsequent year

1 560

5. Additional fee for belated payment of a renewal fee for the European patent application (Rule 51, paragraph 2)


50% of the belated renewal fee

6. Examination fee (Article 94, paragraph 1) in respect of

 
  • an application filed before 1 July 2005

1 805
  • an application filed on or after 1 July 2005

1 620
  • an international application filed on or after 1 July 2005 for which no supplementary European search report is drawn up (Article 153, paragraph 7)

1 805

7. Fee for grant, including fee for publication of the European patent specification (Rule 71, paragraph 3), in respect of an application filed on or after 1 April 2009

915

8. Fee for publishing a new specification of the European patent (Rule 82, paragraph 2, Rule 95, paragraph 3)

75

9. Surcharge for late performance of the acts required to maintain the European patent in amended form (Rule 82, paragraph 3, Rule 95, paragraph 3)

120

10. Opposition fee (Article 99, paragraph 1, Article 105, paragraph 2)

775

10a. Limitation or revocation fee (Article 105a, paragraph 1)

 
  • request for limitation

1 155
  • request for revocation

520

11. Fee for appeal (Article 108)

1 860

11a. Fee for petition for review (Article 112a, paragraph 4)

2 880

12. Fee for further processing (Rule 135, paragraph 1)

 
  • in the event of late payment of a fee


50% of the relevant fee

250
  • other cases

250

13. Fee for re-establishment of rights/fee for requesting restoration/fee for reinstatement of rights (Rule 136, paragraph 1, Rule 26bis.3(d) PCT, Rule 49ter.2(d) PCT, Rule 49.6(d)(i) PCT)

635

14. Conversion fee (Article 135, paragraph 3, Article 140)

75

14a. Fee for late furnishing of a sequence listing (Rule 30, paragraph 3)

230

15. Claims fee (Rule 45, paragraph 1, Rule 71, paragraph 4, Rule 162, paragraph 1) in respect of an application filed on or after 1 April 2009

 
  • for the 16th and each subsequent claim up to the limit of 50

235
  • for the 51st and each subsequent claim

580

16. Fee for the awarding of costs (Rule 88, paragraph 3)

75

17. Fee for the conservation of evidence (Rule 123, paragraph 3)

75

18. Transmittal fee for an international application (Rule 157, paragraph 4)

130

19. Fee for the preliminary examination of an international application (Rule 58 PCT and Rule 158, paragraph 2)

1 930

20. Fee for a technical opinion (Article 25)

3 860

21. Protest fee (Rule 158, paragraph 3, Rule 40.2(e) PCT, Rule 68.3(e) PCT)

865

22. Review fee (Rule 45bis.6(c) PCT)

865

 

 

(2) For European patent applications filed before 1 April 2009 and international applications which entered the regional phase before that date, the amount of the fees specified in Article 2, item 3, item 3a, item 7 and item 15 of the Rules relating to Fees as in force until 31 March 2009 shall be as follows:

 

EUR

3. Designation fee for each contracting state designated (Article 79, paragraph 2), designation fees being deemed paid for all contracting states upon payment of seven times the amount of this fee

100

3a. Joint designation fee for the Swiss Confederation and the Principality of Liechtenstein

100

7. Fee for grant, including fee for printing the European patent specification (Rule 71, paragraph 3), where the application documents to be printed comprise:

 

7.1 not more than 35 pages

915

7.2 more than 35 pages

915

 


plus EUR 15 for the 36th and each subsequent page

15. Claims fee for the sixteenth and each subsequent claim (Rule 45, paragraph 1, Rule 71, paragraph 4, Rule 162, paragraph 1)

235

Article 2

(1) The fee for a supplementary European search on an international application for which the international search report or a supplementary international search report was drawn up by the Austrian Patent Office, or, in accordance with the Protocol on Centralisation, by the National Board of Patents and Registration of Finland, the Spanish Patent and Trademark Office, the Swedish Patent and Registration Office or the Nordic Patent Institute, shall be reduced by EUR 1 100.

(2) If a reduction is granted as provided in the first paragraph, the maximum amount of the reduction in the fee for a supplementary European search shall be equal to the reduction granted on the basis of a single international search report or supplementary international search report drawn up by one of the authorities mentioned in the first paragraph.

Article 3

This decision shall enter into force on 1 April 2014.

Article 4

The following transitional provisions shall apply:

(1) Without prejudice to paragraphs 2 and 3, the new amounts of the fees specified in Article 1 of this decision shall be binding in respect of payments made on or after 1 April 2014.

(2) The new amount of the transmittal fee for an international application shall be binding in respect of applications filed on or after 1 April 2014.

(3) The additional fee in case of divisional applications of second or subsequent generations shall be binding in respect of divisional applications filed on or after 1 April 2014.

(4) If within six months of 1 April 2014 a fee is paid in due time but only in the amount due before 1 April 2014, that fee shall be deemed to have been validly paid if the deficit is made good within two months of an invitation to that effect from the European Patent Office.

(5) Article 2 of this decision shall apply to international applications filed up to and including 30 June 2016, where the fee for the supplementary European search is paid on or after 1 April 2014.

(6) The reference to "Rule 164, paragraphs 1 and 2" in amended Article 2(1), item 2, first indent, shall be effective as from the date of entry into force of amended Rule 164 EPC on 1 November 2014.

Article 5

Decision CA/D 14/12 of 25 October 2012 (OJ EPO 11/2012, 584) shall be rescinded as from 1 April 2014 and replaced by this decision.

Done at Munich, 13 December 2013

For the Administrative Council

The Chairman

Jesper KONGSTAD