In recent times, the European Patent Office (EPO) has increased its official fees every two years. The last increase took effect 1 April 2022. However, in certain situations an increase can take effect in consecutive years and by way of the Decision of the Administrative Council of 14 December 2022 (CA/D 16/22) (published in the January 2023 issue of The Official Journal of the EPO), most of the EPO’s official fees will increase from 1 April 2023. On average, the official fees will increase by about 5%.
In almost all cases, official fees must be paid at the prevailing rate, and so official fees paid on or after 1 April 2023 must be paid at the new (higher) rate. For six months after the new (higher) fees take effect (and so, until 1 October 2023), if an official fee is incorrectly paid at the old (lower) rate, it will still be considered validly paid if the deficit is paid within two months of an invitation from the EPO to do so.
In some cases, it may be possible to pay an official fee “early”, before 1 April 2023, at the lower rate.
For example, it may be sensible to file a European regional phase application (based on an international (PCT) application) “early”, before 1 April 2023, so as to avoid the fee increase. (Note that it is not necessary also to request “early processing”). The “normal” deadline for entering the European regional phase is 31 months from the earliest priority date, or, if priority is not claimed, from the international application date. It is common to act a few weeks or months before that deadline, and so by also acting before 1 April 2023, the increased official fees may be avoided.
Renewal fees for pending European patent applications will increase by about 5%. While a European patent application is pending, annual renewal fees must be paid in respect of each of Years 3 to 20. In most cases, they are due, in advance, at the end of month in which the anniversary of the application date falls; for example, the Year 5 renewal fee is typically due at the end of month in which the 4th anniversary of the application date falls. Renewal fees can be paid “early”, but only slightly so. The Year 3 renewal fee can be paid up to six months “early”, but all other renewal fees (for Years 4-20) can only be paid up to three months “early”. And so, in some cases, it may be possible to pay a renewal fee “early”, before 1 April 2023, at the lower rate.
If you have further questions regarding this EPO fee increase, please get in touch with your usual Mewburn contact or email mail@mewburn.com.
