Decision of the Administrative Council of 13 December 2013 amending Rule 6 of the Implementing Regulations to the European Patent Convention and Article 14(1) of the Rules relating to Fees (CA/D 19/13)
THE ADMINISTRATIVE COUNCIL OF THE EUROPEAN PATENT ORGANISATION,
Having regard to the European Patent Convention (hereinafter referred to as "EPC") and in particular Article 33(1)(c) and (2)(d) thereof,
On a proposal from the President of the European Patent Office,
Having regard to the opinion of the Budget and Finance Committee,
HAS DECIDED AS FOLLOWS:
Rule 6 of the Implementing Regulations to the EPC shall read as follows:
Filing of translations and reduction of fees
(1) A translation under Article 14, paragraph 2, shall be filed within two months of filing the European patent application.
(2) A translation under Article 14, paragraph 4, shall be filed within one month of filing the document. This shall also apply to requests under Article 105a. Where the document is a notice of opposition or appeal, or a statement of grounds of appeal, or a petition for review, the translation may be filed within the period for filing such a notice or statement or petition, if that period expires later.
(3) Where a person referred to in Article 14, paragraph 4, files a European patent application or a request for examination in a language admitted in that provision, the filing fee or examination fee shall be reduced in accordance with the Rules relating to Fees.
(4) The reduction referred to in paragraph 3 shall be available for:
(a) small and medium-sized enterprises;
(b) natural persons; or
(c) non-profit organisations, universities or public research organisations.
(5) For the purposes of paragraph 4(a), Commission recommendation 2003/361/EC of 6 May 20031 concerning the definition of micro, small and medium-sized enterprises as published in the Official Journal of the European Union L 124, p. 36 of 20 May 2003 shall apply.
(6) An applicant wishing to benefit from the fee reduction referred to in paragraph 3 shall declare himself to be an entity or a natural person within the meaning of paragraph 4. In case of reasonable doubt as to the veracity of such declaration, the Office may require evidence.
(7) In case of multiple applicants, each applicant shall be an entity or a natural person within the meaning of paragraph 4."
Article 14(1) of the Rules relating to Fees shall read as follows:
"(1) The reduction laid down in Rule 6, paragraph 3, of the Convention shall be 30% of the filing fee or examination fee."
The provisions mentioned in Article 1 and Article 2 of this decision shall enter into force on 1 April 2014.
(1) Rule 6 EPC and Article 14(1) of the Rules relating to Fees as amended under Article 1 and Article 2 of this decision shall apply to European patent applications filed on or after 1 April 2014, as well as to international applications entering the European phase on or after that date.
(2) Rule 6 EPC and Article 14(1) of the Rules relating to Fees as amended under Article 1 and Article 2 of this decision shall apply to oppositions, appeals, petitions for review or requests for limitation or revocation filed on or after 1 April 2014.
Done at Munich, 13 December 2013
For the Administrative Council
1 See OJ EPO February 2014.