European Patent Office: Fee Changes 2024

As of April 1, 2024, the European Patent Office (EPO) will again increase its fees.

As published recently, the Administrative Council of the European Patent Organisation has decided to amend the Rules relating to Fees.

Generally, the increase amounts to about 4%. Some rarely used fees have been cancelled.

The biggest impact is on the renewal fees. In the future, renewal fees will increase linearly from the third to the 10th renewal fee. In particular, the increase for renewal fees for the 3rd to 5th year is important, namely 30% for the 3rd year, 28% for the 4th year and 8% for the 5th year. The renewal fee for the 6th year, on the other hand, will fall slightly, while the renewal fee for the 7th to 9th year will increase again, albeit only slightly.

As in the past, it will remain possible to validly pay the renewal fee for the 3rd year as early as six months before its due date. Other renewal fees may be validly paid only at the earliest as of three months before they fall due.

The new provisions will enter into force on April 1, 2024, and will be binding in respect of payments made on or after this date. If within six months from April 1, 2024, a fee is paid in due time but only in the amount due before April 1, 2024, 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 EPO.

Applicants should consider this fee increase 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 between April and June 2024 (or between April and September for the 3rd annuity fee) may be validly paid at the current rate if these fees are paid no later than the end of March 2024.

Some fees, such as for example the filing fee, the opposition fee, the appeal fee and the annuity fees for 10th year and each subsequent year, remain unchanged.