EPO official fees to increase on 1 April 2020

- How will this affect your cases? Can you do anything to avoid the fee increases?

The EPO adjusts its fees every two years. The EPO has now announced the next set of fee adjustments, which will come into effect on 1 April 2020. Full details of the fee increases are listed here and here. Overall, the EPO has implemented a general inflation-based 4% increase in official fees.

I want to file a Euro-PCT application - how will this affect it?

For Euro-PCT applications, the filing charges are:

Fee	Fee code	Current amount	New amount	Increase
Filing fee	020	EUR 120	EUR 125	EUR 5
Search fee	002	EUR 1,300	EUR 1,350	EUR 50
Designation fee	005	EUR 585	EUR 610	EUR 25
Examination fee	006	EUR 1,635	EUR 1,700	EUR 65
Total		EUR 3,640	EUR 3,785	EUR 145

Therefore, the basic charge for a Euro-PCT application where the ISA is not the EPO will increase by EUR 145.

What can I do to avoid the fee increases?

It is possible to file a European application early (i.e. before 1 April 2020) and pay the current official fees. Do also remember that the Year 03 renewal fee can be paid up to six months early, and so this can also provide an opportunity for a further saving (see below).

My PCT application is not in English - do I need to file the translation as well?

The deadline for filing the translation is the usual 31 months deadline (Rule 159(1)(a) EPC). Therefore, it is possible to pay the official fees early (before 1 April 2020) and file the translation later (but by the 31 months deadline).

What about EP convention filings and divisionals applications?

For EP-direct applications, the same basic strategy applies. The application can be filed and official fees paid before 1 April 2020, thereby avoiding the increased fees.

For EP convention filings requiring a translation, the translation can be filed within two months of the date of filing the European application (Rule 6(1) EPC). If the translation is not filed within this time limit then the EPO will issue a 'Notice of missing parts' communication setting a further two month period to file the translation - there is no penalty fee. Therefore, if required, it is possible to file the translation at least four months after the date of filing the application.

What about renewal fees?

The official fees for renewals are also subject to the inflation-based 4% increase.

Fee	Fee code	Current amount	New amount	Increase
Year 03 renewal fee	033	EUR 470	EUR 490	EUR 20
Year 04 renewal fee	034	EUR 585	EUR 610	EUR 25
Year 05 renewal fee	035	EUR 820	EUR 855	EUR 35
Year 06 renewal fee	036	EUR 1,050	EUR 1,090	EUR 40
Year 07 renewal fee	037	EUR 1,165	EUR 1,210	EUR 45
Year 08 renewal fee	038	EUR 1,280	EUR 1,330	EUR 50
Year 09 renewal fee	039	EUR 1,395	EUR 1,450	EUR 55
Year 10+ renewal fee	040-050	EUR 1,575	EUR 1,640	EUR 65

Renewal fees for Year 04 to Year 20 can be paid up to three months early (Rule 51(1) EPC), and the Year 03 renewal fee can be paid up to six months early. Therefore, it is possible to make a saving on any Year 02 - Year 20 renewal fees due up until 30 June 2020 by paying them before 1 April 2020.

Similarly, it is possible to make a saving on any Year 03 renewal fees due up until 30 September 2020 by paying them before 1 April 2020.

Conclusions

If you want to avoid the fee increases by filing a European application early or paying a renewal fee early, or if you have any questions then please get in touch with your usual Wynne-Jones contact.

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