Guide for Applicants - Part 1:How to get a European patent: C. Preparing and filing a European patent application, III. Filing European patent applications, Fees

Guide for Applicants - Part 1
How to get a European patent

E / D / F


How to get a European patent
C. Preparing and filing a European patent application
III. Filing European patent applications

Applications filed with national authorities and forwarded to the EPO

Fee levels and payment methods

Fees

114	The following fees are payable in respect of a European patent application:

(a)

filing fee

Art. 2, item 1, RFees

OJ 2004, 3

(b)

search fee

(c)

claims fee where appropriate

(d)

designation fees (one for each contracting state designated;

(e)

if you pay seven designation fees you are deemed to have designated all contracting states; for joint designation of Switzerland and Liechtenstein only one fee needs to be paid, see point 40)

(f)

extension fees where appropriate (one for each extension state, see point 26)

Art. 2, items 3, 3a, RFees

Guid. A-III, 12.2

115	After filing the application you must pay the filing and search fees (and any claims fees) within one month.

Art. 78(2), R. 31
Guid. A-II, 4.2.1

You must pay the designation fees (and any extension fees) within six months of the date on which the European Patent Bulletin mentions publication of the European search report.

Art. 79(2)

The EPO will not send you reminders to pay these fees in due time.

116	If you fail to pay the filing fee, the search fee or a designation fee within the above time limits, you may still validly pay them within a grace period of one month after being notified of your failure to observe the time limit, provided that you pay a surcharge within this grace period.

R. 85a

Designation fees in respect of which you have dispensed with the above notification (see Section 32.2 of the Request for Grant) may still be validly paid within a grace period of two months after the normal time limit has expired, provided that you pay a surcharge within this grace period.

After the normal time limit for paying extension fees has expired, you may still validly pay them within a grace period of two months, provided that you pay a surcharge within this grace period.

The EPO will not notify you of any failure to observe the time limits for paying extension fees.

OJ 1994, 75, 76

117	If you fail to pay the filing and search fees in due time, your European patent application is deemed to be withdrawn.

Art. 90(3)
Guid. A-II, 4.2.3

If you fail to pay the designation fee for a contracting state in due time, the designation of that state is deemed to be withdrawn. If no designation fee is paid in due time, the application is deemed to be withdrawn.

Art. 91(4), Art. 79(3)
Guid. A-III, 12.3

118	Refer to points 92 and 93 for payment of claims fees due in respect of the eleventh and each subsequent claim.

R. 31(1)
Guid. A-III, 9

119

After filing a European divisional application (see points 199-203), you must pay the filing and search fees (and any claims fees) within one month. You must pay the designation fees within six months of the date on which the European Patent Bulletin mentions publication of the European search report on the divisional application. You may still pay the filing, search and designation fees within the grace periods mentioned in point 116 (provided that you pay a surcharge within the relevant grace period).

R. 25(2), 31(1), 85a
Guid. A-IV, 1.4

120	You should note that you are not entitled to have your rights re-established if you fail to observe the above-mentioned time limits for the payment of the filing fee, the search fee or the designation fees (see point 218).

Art. 122(5)
Guid. A-II, 4.2.3; Guid. A-III, 12.5