March 24, 2022

Upcoming amendments to the EPO fee schedule

The European Patent Office (EPO) has announced an increase in fees which is due to enter into force as of April 1, 2022. These new fees constitute a 3% increase on average across the board, ranging from filing fees to those in relation to oppositions and appeals.

The fee for the online filing of a direct EP, or for EP regional phase entry, will rise by 4% to 130 EUR from the previous fee of 125 EUR. The fee for excess claims, ranging from the 16th to the 50th, for online filings will increase from 245 EUR to 250 EUR, constituting a 2% inflation, whilst the fee for claims after the 51st is set to increase by 3.2% from 610 EUR to 630 EUR. The paper filing fee will comprise 270 EUR rising by 3.8% from 260 EUR.

The cost of a European search for filings which occurred on or after July 1, 2005 will constitute 1390 EUR, a 3% increase from the previous fee of 1350 EUR. Further, the designation fee in relation to applications filed on or after April 1, 2009 is set to rise by 3.2% to 630 EUR from 610 EUR.

Examination fees are due to see a similar inflation, with applications filed on or after July 1, 2005 expanding from 1700 EUR to 1750 EUR, a 2.9% rise. Meanwhile, the examination fee for international applications filed on or after July 1, 2005 which are not subject to a supplementary European search will constitute 1955 EUR inflating by 2.9% from 1900 EUR.

Renewal fees are due to increase throughout, rising by 3% on average. For example, the fee for the 10th and each subsequent year of renewal thereafter will inflate to 1690 EUR from 1640 EUR.

The grant and publication of a patent for those applications filed on or after April 1, 2009 will cost 990 EUR, rising by 3% from 960 EUR. Also increasing by 3% is the fee for the filing of an appeal, which will grow from 2705 EUR to 2785 EUR. The fee for filing an opposition is set to increase by 3.1% to 840 EUR from 815 EUR.

The inflation of costs before the EPO occurs in line with the office's bi-annual review of its fee structure, and reflects an increase of costs throughout. Applicants and patent rights holders may therefore wish to file applications and perform actions accordingly prior to the fee change in order to take advantage of the current costs prior to the increases implemented on April 1, 2022.

Author: Danielle Carvey