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Supplementary publication 4

Overview

Pages 23-26

Citation: Supplementary publication 4, OJ EPO 2024, 23
Online publication date: 29.3.2024

Rules relating to Fees for Unitary Patent Protection (RFeesUPP) as adopted by decision of the Select Committee of the Administrative Council of the European Patent Organisation of 15 December 20151

THE SELECT COMMITTEE OF THE ADMINISTRATIVE COUNCIL OF THE EUROPEAN PATENT ORGANISATION,

Having regard to the European Patent Convention and in particular Part IX (Special Agreements) thereof,

Having regard to Regulations (EU) No 1257/2012 and No 1260/2012,

Having regard to Rule 2(1)(b) relating to Unitary Patent Protection,

HAS DECIDED AS FOLLOWS:

Article 1

General

The fees due to be paid to the European Patent Office, the compensation for translation costs to be paid to proprietors of a European patent with unitary effect by the European Patent Office, as provided for in the Rules relating to Unitary Patent Protection, and the fees and expenses which the President of the European Patent Office lays down pursuant to Article 5 shall be levied or paid in accordance with the provisions contained in Articles 2 to 6.

Article 2

Fees provided for in the Rules relating to Unitary Patent Protection

(1) The fees due to be paid to the European Patent Office shall be as follows:

Code

 

EUR

 

1. Renewal fees

 

 

for the European patent with unitary effect (Rule 13, paragraph 1, Rules relating to Unitary Patent Protection), calculated in each case from the date of filing of the application

 

732
  • for the 2nd year

35

733
  • for the 3rd year

105

734
  • for the 4th year

145

735
  • for the 5th year

315

736
  • for the 6th year

475

737
  • for the 7th year

630

738
  • for the 8th year

815

739
  • for the 9th year

990

740
  • for the 10th year

1 175

741
  • for the 11th year

1 460

742
  • for the 12th year

1 775

743
  • for the 13th year

2 105

744
  • for the 14th year

2 455

745
  • for the 15th year

2 830

746
  • for the 16th year

3 240

747
  • for the 17th year

3 640

748
  • for the 18th year

4 055

749
  • for the 19th year

4 455

750
  • for the 20th year

4 855

 

2. Additional fee

 

752 - 770

for belated payment of a renewal fee (Rule 13 paragraph 3, Rules relating to Unitary Patent Protection)

50% of the belated renewal fee

 

(2) The fee for re-establishment of rights (Rule 22, paragraph 2, relating to Unitary Patent Protection) shall be payable in the amount laid down in Article 2, paragraph 1, item 13, of the Rules relating to Fees under the EPC, as amended.

 

 

Article 3

 

 

Reduction of renewal fees

 

 

The reduction of the renewal fees for the European patent with unitary effect laid down in Rule 12, paragraph 1, relating to Unitary Patent Protection shall be 15 %.

 

 

Article 4

 

 

Compensation for translation costs

 

 

(1) The amount of the lump sum provided for in Rule 11 relating to Unitary Patent Protection shall be

500

 

(2) The administrative fee provided for in Rule 10, paragraph 4, relating to Unitary Patent Protection shall be 50% of the lump sum referred to in paragraph 1.

 

 

Article 5

 

 

Fees, expenses and prices laid down by the President of the European Patent Office

 

 

The administrative fees provided for in the Rules relating to Unitary Patent Protection and the fees and expenses charged for any services rendered by the European Patent Office other than those specified in the present Rules shall be payable in the amounts laid down by the President of the European Patent Office pursuant to Article 3 of the Rules relating to Fees under the EPC.

 

 

Article 6

 

 

Common provisions governing procedure

 

 

The following provisions of the Rules relating to Fees under the EPC, as amended, shall apply mutatis mutandis: Articles 4 to 8, Article 12 and Article 13.

 

 

Article 7

 

 

Review of renewal fee level and report on specific entities

 

 

No later than five years from the date of application of Regulation (EU) No 1257/2012, and every five years thereafter,

 

 

(a) the European Patent Office shall submit a report to the Select Committee of the Administrative Council assessing the financial impact of the European patent with unitary effect on the budget of the European Patent Organisation and on the renewal fee income of the participating Member States and, where necessary, make an appropriate proposal for adjusting the level of renewal fees;

 

 

(b) the European Patent Office shall, after consultation of the European Commission, submit a report to the Select Committee of the Administrative Council on the use of the European patent with unitary effect by specific entities, such as small and medium-sized enterprises, and, where necessary, make proposals with a view to improving their access to the European patent with unitary effect.

 

 

 

1 Adopted by decision of the Select Committee of the Administrative Council SC/D 2/15 of 15.12.2015 (OJ EPO 2016, A40), which will enter into force on the date of application of Regulations (EU) No 1257/2012 and No 1260/2012.