Article 13
Distribution

1.The EPO shall retain 50 per cent of the renewal fees referred to in Article 11 paid for European patents with unitary effect. The remaining amount shall be distributed to the participating Member States in accordance with the share of distribution of the renewal fees set pursuant to Article 9(2).

2.In order to attain the objectives set out in this Chapter, the share of distribution of renewal fees among the participating Member States shall be based on the following fair, equitable and relevant criteria: 

(a)the number of patent applications; 

(b)the size of the market, while ensuring a minimum amount to be distributed to each participating Member State; 

(c)compensation to the participating Member States which have: 

(i)an official language other than one of the official languages of the EPO; 

(ii)a disproportionately low level of patenting activity; and/or 

(iii)acquired membership of the European Patent Organisation relatively recently.