EUROPEAN PATENT CONVENTION:Rules Relating to Fees: Article 2 - Fees provided for in the Convention and in the Implementing Regulations

Article 2 - Fees provided for in the Convention and in the Implementing Regulations

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Table of Contents

Preface

European Patent Convention

Implementing Regulations

Protocol on Recognition

Protocol on Centralisation

Protocol on Privileges and Immunities

Protocol on the Staff Complement

Rules Relating to Fees

Annex I

Annex II

Alphabetical keyword index

EUROPEAN PATENT CONVENTION- Table of Contents

Rules Relating to Fees

Article 2 - Fees provided for in the Convention and in the Implementing Regulations valid as of 1.04.2006 (View Article 2 as valid until 31.03.2006)

Article 3 - Fees, costs and prices laid down by the President of the Office

Article 2 1

Fees provided for in the Convention and in the Implementing Regulations

The fees due to be paid to the Office under Article 1 shall be as follows:

EUR

1.	Filing fee (Article 78, paragraph 2); national basic fee (Rule 106(a)) 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

- 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 on paper

170

2.	Search fee in respect of

- a European or supplementary European search on an application filed on or after 1 July 2005 (Article 78, paragraph 2, Rule 44a, Rule 46, paragraph 1, and Rule 112, Article 157, paragraph 2(b))

1 000

- a supplementary European search on an application filed before 1 July 2005 (Article 157, paragraph 2(b))

720

- an international search (Rule 16.1 PCT and Rule 105, paragraph 1)

1 6152

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

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

3b.	Surcharge for late payment of the filing fee, the search fee or the designation fee (Rule 85a)

50% of the
relevant fee or fees,
but not to exceed
a total of EUR 680

3c.3 Surcharge for late filing of either the translation of the international application or the request for examination, or for late payment of the national basic fee, the search fee or the designation fees (Rule 108(3) and (4)4)

50% of the
relevant fees,
but at least EUR 520
for late filing of the translation
up to a maximum of EUR 1 820

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

- for the 3rd year

400

- for the 4th year

425

- for the 5th year

450

- for the 6th year

745

- for the 7th year

770

- for the 8th year

800

- for the 9th year

1 010

- for the 10th and each subsequent year

1 065

5.	Additional fee for belated payment of a renewal fee for the European patent application (Article 86, paragraph 2)

10% of the
belated
renewal fee

6.	Examination fee (Article 94, paragraph 2) in respect of

- an application filed before 1 July 2005

1 490

- an application filed on or after 1 July 2005

1 335

- an international application filed on or after 1 July 2005 for which no supplementary European search report is drawn up (Article 157, paragraph 3(a))

1 490

7.	Surcharge for late filing of the request for examination (Rule 85b)

50% of the
examination fee

8.	Fee for grant, including fee for printing the European patent specification (Article 97, paragraph 2(b)), where the application documents to be printed comprise:

8.1	not more than 35 pages

750

8.2	more than 35 pages

750

plus EUR 11
for the 36th
and each subsequent page

9.	Fee for printing a new specification of the European patent (Article 102, paragraph 3(b))

- flat-rate fee

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

635

11.	Fee for appeal (Article 108)

1 065

12.	Fee for further processing (Article 121, paragraph 2)

210

13.	Fee for re-establishment of rights (Article 122, paragraph 3)

365

14.	Conversion fee (Article 136, paragraph 1, and Article 140)

15.	Claims fee for the eleventh and each subsequent claim (Rule 31, paragraph 1, Rule 51, paragraph 7, and Rule 110, paragraph 1)

16.	Fee for the awarding of costs (Rule 63, paragraph 3)

17.	Fee for the conservation of evidence (Rule 75, paragraph 3)

18.	Transmittal fee for an international application (Article 152, paragraph 3)

105

19.	Fee for the preliminary examination of an international application (Rule 58 PCT and Rule 105, paragraph 2)

1 5955

20.	Fee for a technical opinion (Article 25)

3 185

21.	Protest fee (Rules 40.2(e) and 68.3(e) PCT, Rule 105, paragraph 3)

1 065

1 Last amended by decision of the Administrative Council of 15.12.2005, date of entry into force: 01.04.2006 (OJ EPO 2006, 8 ff).

2 See the decision of the Administrative Council of 11.10.2000 concerning the reduction of this fee in favour of nationals of certain states (OJ EPO 2000, 446).

3 Inserted by decision of the Administrative Council of 28.06.2001 which entered into force on 02.01.2002 (OJ EPO 2001, 374 ff).

4 Amended by decision of the Administrative Council of 09.12.2004 which entered into force on 01.04.2005 (OJ EPO 2005, 11 f).

5 See the decision of the Administrative Council of 11.10.2000 concerning the reduction of this fee in favour of nationals of certain states (OJ EPO 2000, 446).