European Patent Office: Fee Changes

The European Patent Office (EPO) will again increase its fees as of April 1, 2023.

As published recently, the Administrative Council of the European Patent Organisation has decided to amend the rules relating to fees In most cases, fees will increase.

Generally, the increase amounts to about 5%. The renewal fees will also increase. As in the past, it will remain possible to validly pay the renewal fee for the third year as early as six months before its due date. Other renewal fees may be validly paid only up to three months before they fall due.

The new fees will enter into force on April 1, 2023, and will be binding in respect to payments made on or after this date. If within six months from April 1, 2023, a fee is paid in due time but only in the amount due before April 1, 2023, that fee will be deemed to have been validly paid if the deficit is made good within two months of an invitation to that effect from the European Patent Office.

Applicants should take this fee increase into account in their filing strategy. An early payment (if possible) should be considered, for example, by filing a patent application at an earlier date or by paying the examination fee in advance. Renewal fees falling due in April, May or June 2023 may be validly paid at the current rate if these fees are paid no later than end of March 2023.