13.2 Additional fee (if application documents comprise more than thirty-five pages) 

This section relates only to applications filed and international applications entering the European phase on or after 1 April 2009 (see also the notice from the EPO dated 26 January 2009, OJ EPO 2009, 118, and the supplement thereto, OJ EPO 2009, 338).

EP-direct applications

An additional fee is payable as part of the filing fee for European patent applications which are filed on or after 1 April 2009 and comprise more than thirty-five pages. The amount of the fee is calculated according to the number of pages over thirty-five. The language reduction under Rule 6(3) applies if the requirements of Rule 6(4), Rule 6(6) and Rule 6(7) have been met (see A‑X, 9.2.1 and A‑X, 9.2.2). The additional fee is payable within one month of the filing date of the application or of the date of filing receipt of a European divisional application or a European application according to Art. 61(1)(b). If the application is filed without claims or by reference to a previously filed application, the additional fee is payable within one month of filing the first set of claims or one month of filing the certified copy of the application referred to in Rule 40(3), whichever expires later. The additional fee is calculated on the basis of the pages of the description, claims, any drawings and one page for the abstract, in the language of filing. Where formal deficiencies in the documents making up the European patent application need to be corrected, the number of pages complying with the physical requirements (see A‑III, 3 and A‑IX) is taken as the basis for calculation. In particular those deficiencies relating to the minimum margins (Rule 46(1), Rule 49(5)), the start on a new sheet of each document making up the application (Rule 49(4)), line-spacing and character size (Rule 49(8)) as well as the scale of drawings (Rule 46(2)(c)) potentially have an impact on the number of pages (see the decision of the President of the EPO dated 25 November 2022). Where this is the case, any additional fee due for the higher number of pages may be paid within two months of the invitation pursuant to Rule 58 drawing the applicant's attention to this requirement.

The pages of the request for grant (EPO Form 1001) and those forming part of a sequence listing within the meaning of Rule 30(1) are not counted, provided the sequence listing contained in the description is filed in XML format, in compliance with WIPO Standard ST.26 (see OJ EPO 2021, A97) complies with the applicable WIPO standard. If the application is filed by reference to a previously filed application, the pages of the certified copy, excluding those for the certification and for bibliographic data, are taken as the basis for the calculation. If the application is filed without claims, the additional fee takes account of the pages of the first set of claims filed.

Where missing parts are filed under Rule 56 (see A‑II, 5) or correct application documents are filed under Rule 56a (see A‑II, 6), the additional fee is calculated on the basis of the documents present at expiry of the time limit under Rule 38(3).

Euro-PCT applications

For international (Euro-PCT) applications entering the European phase on or after 1 April 2009, the additional fee is payable as part of the filing fee within the 31-month period of Rule 159(1). It is calculated on the basis of the international application as published (even if published in a non‑EPO language), any amended claims under Art. 19 PCT, which replace the claims as originally filed unless specified to the contrary (see OJ EPO 2017, A74), and one page for the abstract. If there is more than one page of bibliographic data, the further pages are not counted. The pages of the latest set of any amended documents (Art. 34 PCT, amendments filed upon entry) on which European phase processing is to be based (Rule 159(1)(b)) will also be taken into account where available to the EPO by the date of payment of the additional fee within the thirty-one months. Any amended pages are added to the calculation of the page fee unless the applicant clearly specifies, at the latest by the date of payment, the amended pages which are to replace the corresponding pages of the application as published (see also E‑IX, 2.1.1). This information should preferably be given in the relevant section of the form for entry into the European phase, and in particular in the related table (see notes on EPO Form 1200). If the applicant explicitly states that application documents filed on entry into the European phase have merely been reformatted (so as to reduce the number of pages subject to payment of an additional fee) rather than substantively amended, the EPO disregards these reformatted application documents and does not accept them as the basis for calculation of the additional fee (see the notice from the EPO dated 26 January 2009, OJ EPO 2009, 118, and the supplement thereto, OJ EPO 2009, 338).

Any replacement pages must be filed in an official language of the EPO. Where the international application has not been published in an official language of the EPO, the additional fee for any amended description or drawings will be based on the translation of the international application filed on entry into the European phase (see E‑IX, 2.1.4 E‑IX, 2.1.3). Where claims are replaced, they must be submitted as an entire new set of claims. The additional fee is then calculated on the basis of the amended claims set in the EPO language (OJ EPO 2009, 338).

EPO Form 1200 is disregarded in the calculation of the additional fee.

The pages of any WIPO Standard ST.25-compliant sequence listing in TXT format filed as part of the description are disregarded when calculating the additional fee for Euro-PCT applications with an international filing date prior to 1 July 2022. If the international filing date is on or after 1 July 2022, the pages of a WIPO Standard ST.26-compliant sequence listing in XML format are disregarded.

In application of the general principles described above, for international applications comprising both erroneously filed application documents and correct application documents incorporated by reference (Rule 20.6 PCT in conjunction with Rule 20.5bis(d) PCT), irrespective of their date of filing (see OJ EPO 2020, A81 and OJ EPO 2022, A71; see also C‑III, 1.3), the additional fee must be paid for all application documents contained in the international publication unless any are replaced by amendments filed on entry into the European phase, as specified by the applicant.

For international applications with an international filing date up to and including 31 October 2022, corrections that the receiving Office allowed to be incorporated under Rule 20.6 PCT in conjunction with Rule 20.5bis(d) PCT are not effective in proceedings before the EPO as designated or elected Office (see OJ EPO 2020, A81). Nevertheless, the above general principles for calculating the additional fee apply. However, for applicants choosing According to the abridged procedure outlined in C‑III, 1.3, if, provided that the declaration to renounce the correct application documents incorporated by reference under Rule 20.5bis(d) PCT is received within the 31-month period for entering the European phase, and before payment of the additional fee, the applicants declare their intention to renounce the correct application documents incorporated by reference under Rule 20.5bis(d) PCT, this renunciation is, for the calculation of the additional fee, equal to an amendment of the international application as published. Accordingly, those pages identified in the publication of the international application as "Incorporated by reference (Rule 20.6)" are deducted from the international application as published. The same principle applies if, within the 31-month period for entering the European phase, the applicants declare their intention to renounce the erroneously filed application documents and, thus, the initial date of filing. In that case, the erroneously filed pages are deducted from the international application as published as regards the calculation of when calculating the additional fee.

Where the international application was published in a non‑EPO language, the general practice described above also applies. Since the applicant's intention to follow the abridged procedure on entry into the European phase is considered an amendment of the international application as published, the additional fee is calculated on the basis of the translation of those application documents that are maintained for the further proceedings (either the correct application documents incorporated by reference or the erroneously filed ones) and any further amendments replacing (part of) them (see the notice from the EPO dated 14 June 2020, OJ EPO 2020, A81).

For international applications comprising both erroneously filed and correct application documents incorporated by reference under Rule 20.5bis(d) PCT, and where the applicants make use of the abridged procedure on entry into the European phase (see C‑III, 1.3), the renunciation of either the correct application documents or of the erroneously filed ones within the 31-month period for entering the European phase and before payment of the additional fee is, for the calculation of the additional fee, equal to an amendment of the international application as published. Therefore, according to the general principles, the additional fee is based on the translation of those application documents that are maintained for the further proceedings (either the correct application documents incorporated by reference or the erroneously filed ones) (see the Notice from the EPO dated 14 June 2020, OJ EPO 2020, A81).

Example 1:

International application, published in English, containing 100 pages:

On entry into European phase, within the 31-month period, 10 pages of amended claims are filed to replace previous pages of claims, as indicated by the applicant in EPO Form 1200.

→ number of pages on which calculation is based: 100 – 20 (original claims) - 9 (Art. 19 PCT) + 10 (amended claims on EP entry) – 35 (fee-exempt)

→ number of pages to be paid for: 46

Example 2:

International application, published in Chinese, containing 75 pages:

On entry into the European phase, the translation into English is filed within the 31-month period. Three pages of the translated description as originally filed are replaced by three amended pages, as indicated by the applicant in EPO Form 1200.

→ number of pages on which calculation is based: 35 (abstract, claims and drawings in ZH) + 47 (EN translation of description – 3) + 3 (amended description of the translation) – 35 (fee-exempt)

→ number of pages to be paid for: 50

Pages of amendments filed after the date of payment of the additional fee, in particular during the Rule 161(1) or Rule 161(2) period (see E‑IX, 3), are not taken into account. Consequently, if amendments are filed at this stage which reduce the number of pages already paid for, no refund will be made.

If the additional fee is not paid on time, the application is deemed to be withdrawn. The EPO will notify the applicant of the loss of rights according to Rule 112(1); the applicant can request further processing according to Art. 121 and Rule 135. The amount of the fee for further processing is computed according to the number of pages on file at expiry of the relevant period for which the additional fee, calculated as set out above, has not been paid. The amount of the fee for further processing in respect of the additional fee does not take into account the basic filing fee according to Art. 2(1), item 1, RFees, where this was paid on time.