EPO has changed its fee strategy and started to apply fee reductions as of 01.04.2024.
By decision of the Administrative Council of the European Patent Organisation dated 14 December 2023 (CA/ D 16/23), the EPO introduced a new fee scheme and new rules pertaining to fee reductions for certain applicants. New changes can be summarized as follows:
New Rules 7a and 7b EPC: General conditions for entitlement of reductions in particular fees
The new concept of “micro-enterprise” is first time introduced with the new rules.
Language Related Fee Reductions
⇒ For Applicants Having Residence or Principle Place of Business in an EPC Contracting State and Having an Official Langauge Other Than EN, DE, FR
New Rule 7a(1) and 7a(2) regulates fee reductions mainly for European applicants who file a European application or a PCT regional phase entry before the EPO.
30% reduction is available for:
* microenterprises;
* small and medium-sized enterprises;
* natural persons;
* non-profit organisations, universities or public research organisations.
This reduction shall be available:
⇒ only in FILING FEE and EXAMINATION FEE
⇒ irrespective of number of patent applications filed by the applicant.
Fee Reductions for Micro-Entities
⇒ For All Small Entities Who Has Filed <5 Applications Within a Period of 5 Years Preceding the Filing Date or Regional Phase Entry
New Rule 7a(3) and 7a(4) regulate fee reductions for all applicants specified below irrespective of residence and nationality.
30% reduction is available for:
* microenterprises,
* natural persons,
* non-profit organisation, university or public research organisations.
(SMEs are excluded!)
Definition of “microenterprise”: An enterprise which employs fewer than 10 persons and whose annual turnover and/or annual balance sheet total does not exceed EUR 2 million (European Commission Recommendation 2003/361/EC of 6 May 2003).
This 30% reduction shall be available in:
⇒ Fling fee
⇒ Search fee
⇒ Examination fee
⇒ Designation fee
⇒ Fee for grant
⇒ Renewal fees
Keynotes and Conclusion
- New Rule 7a – EPC brings additional fee reductions for microenterprises, natural persons, non-profit organisations, universities and public research organisations provided that such applicant has filed <5 applications within 5 years preceding filing date of the application.
- The EPO first time introduces fee reductions specific for micro-entities of non-European applicants.
- If the applicant is entitled to a fee reduction under both of the Rules 7a(1) and 7a(3) EPC, the total fee reduction would be as high as 51%.
- New Rule 7b – EPC as adopted by the AC prescribes that a declaration shall be necessary showing the applicant’s status within the meaning of Rule 7a(1) and/or 7a(3) EPC. This declaration can be accomplished either by marking the relevant box in the request for grant (Form 1001) or separately by using Form 1011. Alternatively, a declaration may simply be accomplished during payment of any fee withing the online services of the EPO by marking the relevant box. The EPO may request proof from the applicant of whether it qualifies as one of the entities specified in Rule 7a EPC.
